{"id":659,"date":"2026-02-23T06:04:12","date_gmt":"2026-02-23T06:04:12","guid":{"rendered":"https:\/\/legal.indiafin.com\/?p=659"},"modified":"2026-02-23T06:04:12","modified_gmt":"2026-02-23T06:04:12","slug":"universities-and-other-tertiary-institutions-act-2001","status":"publish","type":"post","link":"https:\/\/legal.indiafin.com\/index.php\/2026\/02\/23\/universities-and-other-tertiary-institutions-act-2001\/","title":{"rendered":"UNIVERSITIES AND OTHER TERTIARY INSTITUTIONS ACT, 2001."},"content":{"rendered":"

\u00a0<\/p>\n

\n

UNIVERSITIES AND OTHER TERTIARY INSTITUTIONS ACT, 2001.<\/p>\n

ARRANGEMENT OF SECTIONS.<\/b><\/p>\n

\u00a0\u00a0\u00a0Section<\/p>\n

DIVISION ONE
PRELIMINARY PROVISION.<\/p>\n

Part I
Short title, interpretation and objectives of the Act.<\/p>\n

\u00a0\u00a0\u00a01.\u00a0\u00a0\u00a0Short title. <\/a><\/p>\n

\u00a0\u00a0\u00a02.\u00a0\u00a0\u00a0Interpretation. <\/a><\/p>\n

\u00a0\u00a0\u00a03.\u00a0\u00a0\u00a0Objects of the Act. <\/a><\/p>\n

DIVISION TWO
THE NATIONAL COUNCIL FOR HIGHER EDUCATION.<\/p>\n

Part II
Establishment of the National Council for Higher Education.<\/p>\n

\u00a0\u00a0\u00a04.\u00a0\u00a0\u00a0Establishment of a National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a05.\u00a0\u00a0\u00a0Functions of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a06.\u00a0\u00a0\u00a0Powers of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a06A.\u00a0\u00a0\u00a0Minister to issue policy directions. <\/a><\/p>\n

Part III
Composition of the National Council and tenure of office.<\/p>\n

\u00a0\u00a0\u00a07.\u00a0\u00a0\u00a0Composition of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a08.\u00a0\u00a0\u00a0Disqualification of members. <\/a><\/p>\n

\u00a0\u00a0\u00a09.\u00a0\u00a0\u00a0Vacation of office of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a010.\u00a0\u00a0\u00a0Meetings of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a011.\u00a0\u00a0\u00a0Remuneration of members. <\/a><\/p>\n

\u00a0\u00a0\u00a012.\u00a0\u00a0\u00a0Minister’s power to give guidance. <\/a><\/p>\n

Part IV
Staff of the National Council.<\/p>\n

\u00a0\u00a0\u00a013.\u00a0\u00a0\u00a0Executive Director. <\/a><\/p>\n

\u00a0\u00a0\u00a014.\u00a0\u00a0\u00a0Deputy Executive Director. <\/a><\/p>\n

\u00a0\u00a0\u00a015.\u00a0\u00a0\u00a0Other staff. <\/a><\/p>\n

Part V
Financial provisions of the National Council.<\/p>\n

\u00a0\u00a0\u00a016.\u00a0\u00a0\u00a0Funds of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a017.\u00a0\u00a0\u00a0Financial year of National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a018.\u00a0\u00a0\u00a0Estimates of National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a019.\u00a0\u00a0\u00a0Accounts and audit of National Council. <\/a><\/p>\n

Part VI
Other provisions relating to the National Council.<\/p>\n

\u00a0\u00a0\u00a020.\u00a0\u00a0\u00a0Committees of the National Council. <\/a><\/p>\n

\u00a0\u00a0\u00a021.\u00a0\u00a0\u00a0Rules of the National Council. <\/a><\/p>\n

DIVISION THREE
PUBLIC UNIVERSITIES.<\/p>\n

Part VII
Establishment of a Public University.<\/p>\n

\u00a0\u00a0\u00a022.\u00a0\u00a0\u00a0Establishment of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a023.\u00a0\u00a0\u00a0University to be a body corporate. <\/a><\/p>\n

\u00a0\u00a0\u00a024.\u00a0\u00a0\u00a0Objects and functions of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a025.\u00a0\u00a0\u00a0Location of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a026.\u00a0\u00a0\u00a0Visitor of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a027.\u00a0\u00a0\u00a0Membership of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a028.\u00a0\u00a0\u00a0Admission to a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a029.\u00a0\u00a0\u00a0Constituent colleges of Public Universities. <\/a><\/p>\n

Part VIII
Officers of a public university.<\/p>\n

\u00a0\u00a0\u00a030.\u00a0\u00a0\u00a0Chancellor of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a031.\u00a0\u00a0\u00a0Vice Chancellor of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a032.\u00a0\u00a0\u00a0Deputy Vice Chancellors. <\/a><\/p>\n

\u00a0\u00a0\u00a033.\u00a0\u00a0\u00a0University Secretary. <\/a><\/p>\n

\u00a0\u00a0\u00a034.\u00a0\u00a0\u00a0Academic Registrar. <\/a><\/p>\n

\u00a0\u00a0\u00a035.\u00a0\u00a0\u00a0University Librarian. <\/a><\/p>\n

\u00a0\u00a0\u00a036.\u00a0\u00a0\u00a0University Bursar. <\/a><\/p>\n

\u00a0\u00a0\u00a037.\u00a0\u00a0\u00a0The Dean of students. <\/a><\/p>\n

Part IX
The Public University Organs.<\/p>\n

The University Council.<\/i><\/p>\n

\u00a0\u00a0\u00a038.\u00a0\u00a0\u00a0University Council for Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a039.\u00a0\u00a0\u00a0Chairperson and Vice Chairperson. <\/a><\/p>\n

\u00a0\u00a0\u00a040.\u00a0\u00a0\u00a0Functions of the University Council. <\/a><\/p>\n

\u00a0\u00a0\u00a041.\u00a0\u00a0\u00a0Powers of the University Council. <\/a><\/p>\n

\u00a0\u00a0\u00a042.\u00a0\u00a0\u00a0Meetings of a University Council. <\/a><\/p>\n

\u00a0\u00a0\u00a043.\u00a0\u00a0\u00a0Committees of a University Council. <\/a><\/p>\n

The University Senate and other academic bodies.<\/i><\/p>\n

\u00a0\u00a0\u00a044.\u00a0\u00a0\u00a0University Senate. <\/a><\/p>\n

\u00a0\u00a0\u00a045.\u00a0\u00a0\u00a0Functions and powers of the Senate. <\/a><\/p>\n

\u00a0\u00a0\u00a046.\u00a0\u00a0\u00a0Procedure of the Senate. <\/a><\/p>\n

\u00a0\u00a0\u00a047.\u00a0\u00a0\u00a0Honorary degrees. <\/a><\/p>\n

\u00a0\u00a0\u00a048.\u00a0\u00a0\u00a0Board of faculties, institutes and colleges. <\/a><\/p>\n

\u00a0\u00a0\u00a049.\u00a0\u00a0\u00a0Department of faculties, etc. <\/a><\/p>\n

Part X
Staff of a Public University.<\/p>\n

\u00a0\u00a0\u00a050.\u00a0\u00a0\u00a0Appointments Board. <\/a><\/p>\n

\u00a0\u00a0\u00a051.\u00a0\u00a0\u00a0Staff of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a052.\u00a0\u00a0\u00a0Appointment of staff. <\/a><\/p>\n

\u00a0\u00a0\u00a053.\u00a0\u00a0\u00a0Deans and Directors. <\/a><\/p>\n

\u00a0\u00a0\u00a054.\u00a0\u00a0\u00a0Heads of Departments. <\/a><\/p>\n

\u00a0\u00a0\u00a055.\u00a0\u00a0\u00a0Removal of officers and employees from office. <\/a><\/p>\n

\u00a0\u00a0\u00a056.\u00a0\u00a0\u00a0University Staff Tribunal. <\/a><\/p>\n

\u00a0\u00a0\u00a057.\u00a0\u00a0\u00a0Appeal against decision of Appointments Board. <\/a><\/p>\n

Part XI
Financial provision for Public Universities.<\/p>\n

\u00a0\u00a0\u00a058.\u00a0\u00a0\u00a0Management of property of a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a059.\u00a0\u00a0\u00a0Funding of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a060.\u00a0\u00a0\u00a0Borrowing powers of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a061.\u00a0\u00a0\u00a0Financial year of Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a062.\u00a0\u00a0\u00a0Estimates of a University. <\/a><\/p>\n

\u00a0\u00a0\u00a063.\u00a0\u00a0\u00a0Accounts of a University. <\/a><\/p>\n

\u00a0\u00a0\u00a064.\u00a0\u00a0\u00a0Audit for a University. <\/a><\/p>\n

Part XII
General provisions relating to Public Universities.<\/p>\n

\u00a0\u00a0\u00a065.\u00a0\u00a0\u00a0Contracts by Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a066.\u00a0\u00a0\u00a0Service of documents on University. <\/a><\/p>\n

\u00a0\u00a0\u00a067.\u00a0\u00a0\u00a0Annual report by University. <\/a><\/p>\n

\u00a0\u00a0\u00a068.\u00a0\u00a0\u00a0Staff Association. <\/a><\/p>\n

\u00a0\u00a0\u00a069.\u00a0\u00a0\u00a0Students Association. <\/a><\/p>\n

\u00a0\u00a0\u00a070.\u00a0\u00a0\u00a0Convocation. <\/a><\/p>\n

\u00a0\u00a0\u00a071.\u00a0\u00a0\u00a0Affiliation of Tertiary Institution to a Public University. <\/a><\/p>\n

\u00a0\u00a0\u00a072.\u00a0\u00a0\u00a0University statutes. <\/a><\/p>\n

\u00a0\u00a0\u00a073.\u00a0\u00a0\u00a0Repeal and saving of Acts, 32 of 1970, Statute No. 9 of 1991, Statute No. 6 of 1992, Statute No. 14 of 1992. <\/a><\/p>\n

\u00a0\u00a0\u00a074.\u00a0\u00a0\u00a0Vesting of assets and liabilities. <\/a><\/p>\n

DIVISION FOUR
PUBLIC INSTITUTIONS OF HIGHER EDUCATION OTHER THAN UNIVERSITIES.<\/p>\n

Part XIII
Establishment and management of Public Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a075.\u00a0\u00a0\u00a0Establishment of Public Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a076.\u00a0\u00a0\u00a0Functions of a Public Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a077.\u00a0\u00a0\u00a0Governing Council. <\/a><\/p>\n

\u00a0\u00a0\u00a078.\u00a0\u00a0\u00a0Functions and powers of Council. <\/a><\/p>\n

\u00a0\u00a0\u00a079.\u00a0\u00a0\u00a0Meetings of the Council. <\/a><\/p>\n

\u00a0\u00a0\u00a080.\u00a0\u00a0\u00a0Committees of the Council. <\/a><\/p>\n

\u00a0\u00a0\u00a081.\u00a0\u00a0\u00a0Academic Board. <\/a><\/p>\n

\u00a0\u00a0\u00a082.\u00a0\u00a0\u00a0Meetings of the Academic Board. <\/a><\/p>\n

Part XIIIA
Establishment and management of Other Degree Awarding Institutions.<\/p>\n

\u00a0\u00a0\u00a082A.\u00a0\u00a0\u00a0Establishment of Other Degree Awarding Institutions. <\/a><\/p>\n

\u00a0\u00a0\u00a082B.\u00a0\u00a0\u00a0Other Degree Awarding Institution to be a body corporate. <\/a><\/p>\n

\u00a0\u00a0\u00a082C.\u00a0\u00a0\u00a0Other provisions relating to Other Degree Awarding Institutions. <\/a><\/p>\n

\u00a0\u00a0\u00a082D.\u00a0\u00a0\u00a0Application to establish a Private Other Degree Awarding Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a082E.\u00a0\u00a0\u00a0Provisional licence for Private Other Degree Awarding Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a082F.\u00a0\u00a0\u00a0Application of other provisions to an Other Degree Awarding Institution. <\/a><\/p>\n

Part XIV
Officers and staff of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a083.\u00a0\u00a0\u00a0Principal of a Public Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a084.\u00a0\u00a0\u00a0Secretary, Registrar and Bursar. <\/a><\/p>\n

\u00a0\u00a0\u00a085.\u00a0\u00a0\u00a0Appointment of other officers. <\/a><\/p>\n

\u00a0\u00a0\u00a086.\u00a0\u00a0\u00a0Appointment of other staff. <\/a><\/p>\n

\u00a0\u00a0\u00a087.\u00a0\u00a0\u00a0Disciplinary procedure. <\/a><\/p>\n

Part XV
Financial provision for Public Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a088.\u00a0\u00a0\u00a0Funds of a Public Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a089.\u00a0\u00a0\u00a0Financial year for Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a090.\u00a0\u00a0\u00a0Estimates of a Public Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a091.\u00a0\u00a0\u00a0Accounts and audit of Public Tertiary Institution. <\/a><\/p>\n

Part XVI
Other matters relating to Public Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a092.\u00a0\u00a0\u00a0Students’ Association. <\/a><\/p>\n

\u00a0\u00a0\u00a093.\u00a0\u00a0\u00a0Academic Staff Association for Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a094.\u00a0\u00a0\u00a0Seal of a Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a095.\u00a0\u00a0\u00a0Transitional provision for public institutions. <\/a><\/p>\n

DIVISION FIVE
PRIVATE UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER EDUCATION.<\/p>\n

Part XVII
Establishment of a Private University.<\/p>\n

\u00a0\u00a0\u00a095A.\u00a0\u00a0\u00a0Letter of Interim Authority. <\/a><\/p>\n

\u00a0\u00a0\u00a096.\u00a0\u00a0\u00a0Application to establish and operate a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a097.\u00a0\u00a0\u00a0Provisional licence for a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a098.\u00a0\u00a0\u00a0Refusal, suspension or revocation of a licence. <\/a><\/p>\n

\u00a0\u00a0\u00a099.\u00a0\u00a0\u00a0Report on evaluation under provisional licence. <\/a><\/p>\n

\u00a0\u00a0\u00a0100.\u00a0\u00a0\u00a0Application for grant of a Charter and accreditation. <\/a><\/p>\n

\u00a0\u00a0\u00a0101.\u00a0\u00a0\u00a0Recommendation for accreditation. <\/a><\/p>\n

\u00a0\u00a0\u00a0102.\u00a0\u00a0\u00a0Granting of Charter to a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0103.\u00a0\u00a0\u00a0Effect of grant of Charter and accreditation. <\/a><\/p>\n

Part XVIII
Other matters relating to Private University.<\/p>\n

\u00a0\u00a0\u00a0104.\u00a0\u00a0\u00a0Private University Charter. <\/a><\/p>\n

\u00a0\u00a0\u00a0105.\u00a0\u00a0\u00a0Officers of a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0106.\u00a0\u00a0\u00a0Membership of a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0107.\u00a0\u00a0\u00a0Governing body of a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0108.\u00a0\u00a0\u00a0Academic structure of a Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0109.\u00a0\u00a0\u00a0Annual report, audited accounts of Private University. <\/a><\/p>\n

\u00a0\u00a0\u00a0110.\u00a0\u00a0\u00a0Revocation of a Charter. <\/a><\/p>\n

\u00a0\u00a0\u00a0111.\u00a0\u00a0\u00a0Constituent colleges or campuses of and affiliation to a Private University. <\/a><\/p>\n

Part XIX
Establishment of Private Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0112.\u00a0\u00a0\u00a0Application for a provisional licence by Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a0113.\u00a0\u00a0\u00a0Provisional licence for Private Tertiary Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a0114.\u00a0\u00a0\u00a0Application for certificate of classification and registration. <\/a><\/p>\n

\u00a0\u00a0\u00a0115.\u00a0\u00a0\u00a0Grant of Certificate of Classification and registration. <\/a><\/p>\n

\u00a0\u00a0\u00a0116.\u00a0\u00a0\u00a0Effect of Publication of a certificate of classification. <\/a><\/p>\n

\u00a0\u00a0\u00a0117.\u00a0\u00a0\u00a0Revocation of a provisional licence or certificate of classification. <\/a><\/p>\n

DIVISION SIX
MISCELLANEOUS PROVISIONS RELATING TO INSTITUTIONS OF HIGHER EDUCATION.<\/p>\n

PART XX
Provisions for the regulations of institutions of higher education.<\/p>\n

\u00a0\u00a0\u00a0118.\u00a0\u00a0\u00a0Operating Institution contrary to this Act an offence. <\/a><\/p>\n

\u00a0\u00a0\u00a0119.\u00a0\u00a0\u00a0Qualification of lecturers. <\/a><\/p>\n

\u00a0\u00a0\u00a0119A.\u00a0\u00a0\u00a0Accreditation of institutions and their academic and professional programmes. <\/a><\/p>\n

\u00a0\u00a0\u00a0120.\u00a0\u00a0\u00a0Language of Instruction. <\/a><\/p>\n

\u00a0\u00a0\u00a0121.\u00a0\u00a0\u00a0Admission and assessment to be on merit. <\/a><\/p>\n

\u00a0\u00a0\u00a0122.\u00a0\u00a0\u00a0Change of name of Institution. <\/a><\/p>\n

\u00a0\u00a0\u00a0123.\u00a0\u00a0\u00a0Institutional standards. <\/a><\/p>\n

\u00a0\u00a0\u00a0124.\u00a0\u00a0\u00a0Classification of Tertiary Institutions. <\/a><\/p>\n

\u00a0\u00a0\u00a0125.\u00a0\u00a0\u00a0Registers of Universities and Tertiary Institutions. <\/a><\/p>\n

\u00a0\u00a0\u00a0126.\u00a0\u00a0\u00a0Annual report. <\/a><\/p>\n

\u00a0\u00a0\u00a0127.\u00a0\u00a0\u00a0Teaching to include practical solutions. <\/a><\/p>\n

\u00a0\u00a0\u00a0128.\u00a0\u00a0\u00a0Regulations. <\/a><\/p>\n

\u00a0\u00a0\u00a0129.\u00a0\u00a0\u00a0Rights of appeal. <\/a><\/p>\n

Part XXI
Transitional provisions.<\/p>\n

\u00a0\u00a0\u00a0130.\u00a0\u00a0\u00a0General Repeal, Statute No. 8 of 1990, Statute No. 14 of 1998. <\/a><\/p>\n

\u00a0\u00a0\u00a0131.\u00a0\u00a0\u00a0Existing institutions. <\/a><\/p>\n

\u00a0\u00a0\u00a0132.\u00a0\u00a0\u00a0Makerere University Business School. <\/a><\/p>\n

\u00a0<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Schedule.<\/a><\/i><\/p>\n

\u00a0<\/p>\n

UNIVERSITIES AND OTHER TERTIARY INSTITUTIONS ACT, 2001.<\/p>\n

Commencement:<\/i> 6 April, 2001.<\/p>\n

\u00a0\u00a0\u00a0An Act to provide for the establishment of the National Council for Higher Education, its functions and administration and to streamline the establishment, administration and standards of universities and other institutions of Higher Education in Uganda and to provide for other related matters.<\/b><\/p>\n

\u00a0<\/p>\n

DIVISION ONE
PRELIMINARY PROVISION.<\/p>\n

\u00a0<\/p>\n

Part I
Short title, interpretation and objectives of the Act.<\/p>\n

\u00a0<\/p>\n

<\/a>1.\u00a0\u00a0\u00a0Short title.<\/p>\n

\u00a0\u00a0\u00a0This Act may be cited as the Universities and Other Tertiary Institutions Act, 2001.<\/p>\n

\u00a0<\/p>\n

<\/a>2.\u00a0\u00a0\u00a0Interpretation.<\/p>\n

\u00a0\u00a0\u00a0In this Act, unless the context otherwise requires\u2014<\/p>\n

\u00a0\u00a0\u00a0“accreditation”<\/b> means public acceptance and confirmation evidenced by the grant of a Charter that a University meets the requirements and standards of academic excellence set by the National Council;<\/p>\n

\u00a0\u00a0\u00a0“Affiliated Tertiary Institution or College”<\/b> means a Tertiary Institution or College established as such under section 71 or 111 of this Act;<\/p>\n

\u00a0\u00a0\u00a0“Certificate of Classification”<\/b> means a Certificate issued by the National Council at the registration of a Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0“Chancellor”<\/b> means a person appointed as such by the President under section 30 of this Act;<\/p>\n

\u00a0\u00a0\u00a0“Charter”<\/b> means a Charter granted by the President under this Act as evidence that the University meets the requirements and standards of academic excellence set by the National Council;<\/p>\n

\u00a0\u00a0\u00a0“Classification”<\/b> means the grouping of tertiary institutions according to the type of Higher Education or Programmes being provided or offered by the institution;<\/p>\n

\u00a0\u00a0\u00a0“Constituent College”<\/b> means a college established or declared as such under section 29 or 111 of this Act;<\/p>\n

\u00a0\u00a0\u00a0“course of study”<\/b> means the structure for a certificate, diploma, degree or other academic qualification and the subjects of study in that course;<\/p>\n

\u00a0\u00a0\u00a0“Governing Council”<\/b> means the Governing Council of any Other Degree Awarding Institution established under section 82A or the Governing Council of a Tertiary Institution established under section 77 of this Act;<\/p>\n

\u00a0\u00a0\u00a0“Letter of Interim Authority”<\/b> means the authorisation referred to in section 95A and issued by the National Council to the promoter of a private University to enable the promoter mobilise resources for the further development of the proposed university;<\/p>\n

\u00a0\u00a0\u00a0“Minister”<\/b> means the Minister responsible for education;<\/p>\n

\u00a0\u00a0\u00a0“National Council”<\/b> means the National Council for Higher Education established under section 4;<\/p>\n

\u00a0\u00a0\u00a0“operate a University or Tertiary Institution”<\/b> includes conducting courses or programmes of study by any method of delivery, whether residential or distance, electronic or print, satellite or similar form of transmission of information;<\/p>\n

\u00a0\u00a0\u00a0“Other Degree Awarding Institution” <\/b>means any public or private institution or centre of higher education other than a University, one of the objects of which is the provision of post secondary education offering courses of study leading to the award of certificates, diplomas and degrees and conducting research and publishing the results of the research;<\/p>\n

\u00a0\u00a0\u00a0“person”<\/b> includes any individual, firm, company, association, or body of persons, whether incorporated or not;<\/p>\n

\u00a0\u00a0\u00a0“Private University”<\/b> means a University registered under this Act the proprietor of which is a person, firm or organisation other than Government and basically maintained out of funds other than public funds;<\/p>\n

\u00a0\u00a0\u00a0“promoter of a private University”<\/b> means a person intending or proposing to establish and operate a private University in Uganda;<\/p>\n

\u00a0\u00a0\u00a0“Provisional licence”<\/b> means a licence issued to a University or Tertiary Institution allowing it to function under the observation of the National Council to assess its prospects for accreditation or classification;<\/p>\n

\u00a0\u00a0\u00a0“Public University”<\/b> means a University established by the Minister with the approval of Parliament under section 22 and maintained out of public funds;<\/p>\n

\u00a0\u00a0\u00a0“Tertiary Institution”<\/b> means any Public or Private Institution, School or centre of Higher Education other than a University, one of the objects of which is to provide post secondary education offering courses of study leading to the award of certificates or diplomas and conducting research and publish;<\/p>\n

\u00a0\u00a0\u00a0“University”<\/b> means any Institution, School, Institute or centre of Higher Education, other than a Tertiary Institution, one of the objects of which is the provision of post-secondary education offering courses of study leading to the award of certificates, diplomas and degrees and conducting research and publish;<\/p>\n

\u00a0\u00a0\u00a0“Vice Chancellor”<\/b> means the person appointed under section 31 of this Act who is responsible for the academic, administrative and financial affairs of the University;<\/p>\n

\u00a0\u00a0\u00a0“Visitor”<\/b> means the President of Uganda as is provided under section 26 of this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>3.\u00a0\u00a0\u00a0Objects of the Act.<\/p>\n

\u00a0\u00a0\u00a0The objects of this Act are to establish and develop a system governing institutions of higher education in order to equate qualifications of the same or similar courses offered by different institutions of higher education while at the same time respecting the autonomy and academic freedom of the Institutions and to widen the accessibility of high quality standard institutions to students wishing to pursue higher education courses by\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0regulating and guiding the establishment and management of those institutions;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0equating the same professional or other qualifications as well as the award of degrees, diplomas, certificates and other awards by the different institutions.<\/p>\n

\u00a0<\/p>\n

DIVISION TWO
THE NATIONAL COUNCIL FOR HIGHER EDUCATION.<\/p>\n

\u00a0<\/p>\n

Part II
Establishment of the National Council for Higher Education.<\/p>\n

\u00a0<\/p>\n

<\/a>4.\u00a0\u00a0\u00a0Establishment of a National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) There is hereby established a council to be known as the National Council for Higher Education.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.<\/p>\n

\u00a0\u00a0\u00a0(3) The seal of the National Council shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0kept under the custody of the Executive Director;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0such device as the National Council may determine and the affixing of the seal shall be authenticated by the signatures of the Chairperson and the Executive Director or a person acting in any of the two offices.<\/p>\n

\u00a0\u00a0\u00a0(4) Every document purporting to be an instrument executed or issued by the National Council and sealed with the seal of the National Council, authenticated in the manner provided under subsection (3), shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is proved.<\/p>\n

\u00a0<\/p>\n

<\/a>5.\u00a0\u00a0\u00a0Functions of the National Council.<\/p>\n

\u00a0\u00a0\u00a0The functions of the National Council shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to implement the objects of this Act;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to promote and develop the processing and dissemination of information on higher education for the benefit of the people;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to advise the Minister on the establishment and accreditation of public and private institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0to receive, consider and process applications for\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0the establishment and accreditations of private Tertiary Institutions, private Other Degree Awarding Institutions and private Universities; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0the accreditation of the academic and professional programmes of those institutions in consultation with Professional Associations and Regulatory Bodies;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0to register all institutions of Higher Education established under this Act;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0to receive and investigate complaints relating to institutions of Higher Education and take appropriate action;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0to monitor, evaluate and regulate institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0in co-operation with the relevant Government departments, private sector, or the different institutions of Higher Education, to evaluate the overall national manpower requirement and recommend solutions to the requirements;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0to ensure minimum standards for courses of study and the equating of degrees, diplomas and certificates awarded by the different public and private institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0to set and coordinate national standards for admission of students to the different institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(ja<\/i>)\u00a0\u00a0\u00a0to require and ensure that all universities, whether private or public, adhere to minimum criteria set by the National Council for admission to undergraduate and higher degree programmes;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0to determine the equivalence of all types of academic and professional qualifications of degrees, diplomas and certificates obtained elsewhere with those awarded by Uganda institutions of Higher Education for recognition in Uganda;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0to certify that an institution of Higher Education has adequate and accessible physical structures and staff for the courses to be offered by it;<\/p>\n

\u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0to promote national interests in courses of study and professional qualifications among the different types of institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(n<\/i>)\u00a0\u00a0\u00a0to ensure that adequate facilities and opportunities for carrier guidance and counseling are provided by the institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(o<\/i>)\u00a0\u00a0\u00a0to collect, examine and publish information relating to the different institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(p<\/i>)\u00a0\u00a0\u00a0to generally advise the government on policy and other matters relating to institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(q<\/i>)\u00a0\u00a0\u00a0to perform any other function incidental to the objects of this Act or relating to higher education in Uganda or that may be conferred upon it by the Minister or any other law.<\/p>\n

\u00a0<\/p>\n

<\/a>6.\u00a0\u00a0\u00a0Powers of the National Council.<\/p>\n

\u00a0\u00a0\u00a0The National Council shall have the powers to do all such things and acts that are necessary for, or incidental to the objects of this Act and without prejudice to the generality of the foregoing, may\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0acquire, hold, charge, alienate and dispose of property both movable and immovable;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0lease, or take on lease any land together with any improvements on the land;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0carry out any improvement upon any land held by it;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0derive capital or income from property held by it;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0raise or borrow money in such manner and upon such security as it may from time to time determine;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0invest any monies not immediately required in any investment or project;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0make regulations in respect of minimum requirements for admission of persons in the different types of institutions of Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0mobilise funds and resources for institutions of Higher Education activities;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0delegate any of its powers and functions, other than the approval of estimates or any powers required by this Act to be exercised by resolution of the National Council, to any member, officer or committee of the National Council as it may deem necessary;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0subject to any law in force at the time, enter into any legal contract with any publisher for the publication of materials written by the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>6A.\u00a0\u00a0\u00a0Minister to issue policy directions.<\/p>\n

\u00a0\u00a0\u00a0The Minister may issue directives of a policy nature to all institutions of higher education, whether public or private, and the institutions shall give effect to those directives.<\/p>\n

\u00a0<\/p>\n

Part III
Composition of the National Council and tenure of office.<\/p>\n

\u00a0<\/p>\n

<\/a>7.\u00a0\u00a0\u00a0Composition of the National Council.<\/p>\n

\u00a0\u00a0\u00a0The National Council shall consist of\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a Chairperson of the National Council;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a Vice Chairperson of the National Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0one representative of the Vice Chancellors of public universities elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0one representative of the Vice Chancellors of private universities elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0one representative of Public Universities Senates elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0one representative of Private Universities Senates elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0two students one representing University students and one representing tertiary institutions students and one of whom shall be a female;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0four members of religious non degree awarding institutions appointed by the Minister;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0three representatives one each from commerce, industry and agricultural sectors;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0four persons representing other sectors of higher education, at least one of whom shall be a woman, and one a person with disability appointed by the Minister;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0the Officer in charge of higher education or his or her representative, from the Ministry responsible for education;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0the Executive Director; and<\/p>\n

\u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0one person from the public appointed by the National Council.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall recommend two members from among themselves from whom the President shall appoint the Chairperson of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall elect a Vice Chairperson from among themselves.<\/p>\n

\u00a0\u00a0\u00a0(4) Except for the ex officio<\/i> members, all members of the National Council shall hold office for a period of five years from the date of appointment and shall be eligible for reappointment for one more term.<\/p>\n

\u00a0<\/p>\n

<\/a>8.\u00a0\u00a0\u00a0Disqualification of members.<\/p>\n

\u00a0\u00a0\u00a0A person shall not be appointed a member of the National Council who is\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0an undischarged bankrupt or has made any arrangement with his or her creditors;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0incapacitated by mental or physical illness that renders him or her incapable of performing the functions of the office.<\/p>\n

\u00a0<\/p>\n

<\/a>9.\u00a0\u00a0\u00a0Vacation of office of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The office of a member of the National Council shall fall vacant if\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a member resigns office by writing under his or her hand addressed to the Executive Director;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the member is disqualified from membership in accordance with section 8;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a member is continuously and persistently unable to discharge the functions of the office;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a member is convicted of an offence involving moral turpitude;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0a member dies.<\/p>\n

\u00a0\u00a0\u00a0(2) Where a vacancy occurs the Executive Director shall notify the authority which appointed the member vacating office within one month and the authority shall appoint another person in that member’s place.<\/p>\n

\u00a0<\/p>\n

<\/a>10.\u00a0\u00a0\u00a0Meetings of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall meet for the discharge of its functions at least once in three months.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chairperson shall preside at all meetings of the National Council unless he or she is absent from a particular meeting in which case the Vice Chairperson shall preside.<\/p>\n

\u00a0\u00a0\u00a0(3) In the event of the absence of the Chairperson and the Vice Chairperson from a meeting of the National Council, the members present shall elect one of the members present at that particular meeting to preside.<\/p>\n

\u00a0\u00a0\u00a0(4) The National Council shall meet at least four times in each year, but the Chairperson may, and upon application in writing by at least one third of all the members, shall convene a special meeting of the National Council within 14 days.<\/p>\n

\u00a0\u00a0\u00a0(5) The quorum<\/i> for transaction of the business of the National Council shall be 13 members.<\/p>\n

\u00a0\u00a0\u00a0(6) All questions at a meeting of the Council shall be determined by a majority of the votes of the members present and voting and in case of equality of votes the Chairperson shall have a casting vote.<\/p>\n

\u00a0\u00a0\u00a0(7) The Chairperson shall, in case of equality of votes, have a casting vote in addition to his or her deliberative vote.<\/p>\n

\u00a0\u00a0\u00a0(8) The National Council shall cause minutes of all proceedings of meetings of the National Council to be entered in a minute book kept for that purpose.<\/p>\n

\u00a0\u00a0\u00a0(9) Subject to this Act, the National Council shall regulate its own procedure.<\/p>\n

\u00a0<\/p>\n

<\/a>11.\u00a0\u00a0\u00a0Remuneration of members.<\/p>\n

\u00a0\u00a0\u00a0The Chairperson and other members of the National Council shall be remunerated on terms that the National Council with the approval of the Minister may provide.<\/p>\n

\u00a0<\/p>\n

<\/a>12.\u00a0\u00a0\u00a0Minister’s power to give guidance.<\/p>\n

\u00a0\u00a0\u00a0(1) The Minister may after consultation with the National Council give the National Council guidance on policy matters as may be appropriate.<\/p>\n

\u00a0\u00a0\u00a0(2) The guidelines referred to in subsection (1) shall be in writing.<\/p>\n

\u00a0<\/p>\n

Part IV
Staff of the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>13.\u00a0\u00a0\u00a0Executive Director.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be an Executive Director who shall be appointed by the Minister on the recommendation of the National Council on terms and conditions that may be specified in the instrument of appointment.<\/p>\n

\u00a0\u00a0\u00a0(2) The Executive Director shall hold office for a period of five years and shall be eligible for re-appointment.<\/p>\n

\u00a0\u00a0\u00a0(3) The Executive Director shall be the chief executive officer of the National Council and shall be responsible for the day-to-day operations of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(4) Subject to the provisions of this Act and the general supervision and control of the National Council, the Executive Director shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0be responsible for the management of the funds, property and business of the National Council;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0be the accounting officer of the National Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0be responsible for the administration and control of the staff of the National Council; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0be in custody of the seal of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(5) The Executive Director shall in addition to being a member, be the Secretary to the National Council and as such shall keep all records of the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>14.\u00a0\u00a0\u00a0Deputy Executive Director.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council may appoint a Deputy Executive Director on the terms and conditions that the National Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The Deputy Executive Director shall deputise for the Executive Director and perform the functions of the Executive Director in the absence of the Executive Director and such other duties as the Executive Director or the National Council may direct.<\/p>\n

\u00a0<\/p>\n

<\/a>15.\u00a0\u00a0\u00a0Other staff.<\/p>\n

\u00a0\u00a0\u00a0The National Council shall have such other officers and employees as may be appointed by the National Council and the officers and employees shall hold office on terms and conditions that the National Council may determine.<\/p>\n

\u00a0<\/p>\n

Part V
Financial provisions of the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>16.\u00a0\u00a0\u00a0Funds of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The funds of the National Council shall consist of\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0money appropriated to the National Council by Parliament from time to time;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0grants, gifts and donations to the National Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0fees and other moneys paid for services rendered by the National Council;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0moneys that may, in any manner become payable to, or vested in the National Council in pursuance of the provisions of this Act or in relation or incidental to the carrying out of its functions.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall operate a bank account in a bank determined by the National Council and the account shall be operated in a manner decided by the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>17.\u00a0\u00a0\u00a0Financial year of National Council.<\/p>\n

\u00a0\u00a0\u00a0The financial year of the National Council shall be the 12 months beginning from the 1st”> day of July and ending on the 30th”> day of June.<\/p>\n

\u00a0<\/p>\n

<\/a>18.\u00a0\u00a0\u00a0Estimates of National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall within three months before the end of each national financial year, prepare and submit to the Minister for his or her approval, estimates of income and expenditure of the National Council for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the Minister for his or her approval, any supplementary estimates.<\/p>\n

\u00a0\u00a0\u00a0(2) No expenditure shall be made out of the Fund of the National Council unless that expenditure is part of the expenditure approved by the National Council under estimates for the financial year in which that expenditure is to be made or in estimates supplementary to that year’s estimates.<\/p>\n

\u00a0<\/p>\n

<\/a>19.\u00a0\u00a0\u00a0Accounts and audit of National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall keep proper books of accounts and shall prepare the annual financial statements of accounts for the immediate preceding financial year not later than three months in the following year.<\/p>\n

\u00a0\u00a0\u00a0(2) The annual accounts of the National Council shall be audited by the Auditor General or an auditor appointed by him or her.<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall, within three months after the end of each financial year submit\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to the Minister an annual report in respect of that year containing\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0financial statements;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0a report on the operations of the National Council;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0any other information that the Minister may prior to the completion of the annual report or as otherwise supplementary thereto, direct in writing;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to the Auditor General\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0the accounts of the National Council for the financial year; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0the annual report referred to in paragraph (a<\/i>),<\/p>\n

who shall audit the accounts of the National Council within two months after the receipt of them and submit his or her opinion on the accounts and the annual report to the Minister and the National Council.<\/p>\n

\u00a0\u00a0\u00a0(4) The Minister shall cause copies of the annual report together with a copy of the audited accounts to be laid before Parliament at the first available opportunity after receipt of them, but not later than the next sitting of Parliament after the date on which the Minister receives the annual report and the audited accounts.<\/p>\n

\u00a0<\/p>\n

Part VI
Other provisions relating to the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>20.\u00a0\u00a0\u00a0Committees of the National Council.<\/p>\n

\u00a0\u00a0\u00a0(1) For the better carrying out of its functions, the National Council may, appoint such committees composed of its members, as it may consider necessary for a specific purpose and period.<\/p>\n

\u00a0\u00a0\u00a0(2) A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the National Council and make findings and recommendations to the Council.<\/p>\n

\u00a0\u00a0\u00a0(3) The Chairperson of a committee under this section shall be appointed by the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>21.\u00a0\u00a0\u00a0Rules of the National Council.<\/p>\n

\u00a0\u00a0\u00a0The National Council shall with the approval of the Minister, make rules consistent with the provisions of this Act regulating the conduct of the business of the National Council and, without derogating from the generality of the foregoing, regulate the following matters\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0recruitment and terms and conditions of service of National Council employees, including pensions and other retirement benefits;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0disciplinary control of officers and employees of the National Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0any other provisions that may be required for the better functioning of the National Council.<\/p>\n

\u00a0<\/p>\n

DIVISION THREE
PUBLIC UNIVERSITIES.<\/p>\n

\u00a0<\/p>\n

Part VII
Establishment of a Public University.<\/p>\n

\u00a0<\/p>\n

<\/a>22.\u00a0\u00a0\u00a0Establishment of a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) The Minister may by statutory instrument, on the recommendation of the National Council and by resolution of Parliament, establish a Public University.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall within thirty days of the publication of the statutory instrument in the Gazette<\/i> register the Public University established under subsection (1).<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall ensure that the University Council for the University established under subsection (1) is constituted within six months of establishing the University.<\/p>\n

\u00a0<\/p>\n

<\/a>23.\u00a0\u00a0\u00a0University to be a body corporate.<\/p>\n

\u00a0\u00a0\u00a0(1) A University established under section 22 shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and subject to this Act, may do all such things as bodies corporate may lawfully do.<\/p>\n

\u00a0\u00a0\u00a0(2) The seal of a Public University shall be such devise as may be determined by the University Council, and the affixing of the seal shall be authenticated by the signatures of the Vice Chancellor and the University Secretary.<\/p>\n

\u00a0\u00a0\u00a0(3) Any document purporting to be a document executed or issued under the seal of a University authenticated as aforesaid, shall be received in evidence and shall, unless the contrary is proved, be deemed to be duly executed.<\/p>\n

\u00a0\u00a0\u00a0(4) Notwithstanding subsection (3), for the purposes of degrees, diplomas, certificates and other awards of a Public University the seal of the University shall be authenticated by the signatures of the Vice Chancellor and the Academic Regis<\/p>\n

{mprestriction ids=”1,2,3″}<\/p>\n

trar of the University.<\/p>\n

\u00a0<\/p>\n

<\/a>24.\u00a0\u00a0\u00a0Objects and functions of a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) The objects and functions of a Public University shall be those set out in the instrument establishing the University.<\/p>\n

\u00a0\u00a0\u00a0(2) In addition to any functions that may be set out under subsection (1) the functions of a University shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the provision of higher education, promotion of research and advancement of learning; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0dissemination of knowledge and giving opportunity of acquiring higher education to all persons including persons with disabilities wishing to do so regardless of race, political opinion, colour, creed, or sex;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the provision of accessible physical facilities to the users of the Public University.<\/p>\n

\u00a0<\/p>\n

<\/a>25.\u00a0\u00a0\u00a0Location of a Public University.<\/p>\n

\u00a0\u00a0\u00a0The location of a Public University established under this Act shall be as may be provided in the instrument establishing it; however that University may, with the prior approval of the National Council, establish a branch or a campus of the University in any other part of Uganda.<\/p>\n

\u00a0<\/p>\n

<\/a>26.\u00a0\u00a0\u00a0Visitor of Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) The President shall be the visitor of each Public University.<\/p>\n

\u00a0\u00a0\u00a0(2) The visitor shall perform an overall supervisory role over the affairs of each Public University.<\/p>\n

\u00a0\u00a0\u00a0(3) The visitor shall, as often as circumstances may require, in respect of any of the affairs of a Public University\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0conduct a visitation of the Public University; or<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0direct the Chancellor of a Public University that a visitation be conducted by a person or persons that the visitor may appoint.<\/p>\n

\u00a0\u00a0\u00a0(3A) Nothing contained in subsections (1), (2) and (3) shall be construed as preventing the National Council from inspecting and conducting visitations to any Public University.<\/p>\n

\u00a0\u00a0\u00a0(4) The Chancellor and Vice Chancellor of a Public University shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0make available to the visitor or any person or persons conducting a visitation all such facilities and assistance that may be required for the purposes of the visitation; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0give effect to any instructions given by the visitor or any person or persons conducting visitation which are consistent with this Act.<\/p>\n

\u00a0\u00a0\u00a0(5) Any person or persons conducting a visitation under instructions of the visitor shall make a written report of the visitation to the visitor and the visitor shall transmit the report to the Chancellor with or without any recommendations or suggestions.<\/p>\n

\u00a0<\/p>\n

<\/a>27.\u00a0\u00a0\u00a0Membership of Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) The members of a Public University shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Chancellor;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Chairperson of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0members of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the Vice Chancellor;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the Deputy Vice Chancellors;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0members of the University Senate;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0professors and lecturers of the Public University;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0the University Secretary, Librarian and Bursar;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0the Academic Registrar of the University;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0the Dean of Students;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0the Students of the University;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0members of the Convocation; and<\/p>\n

\u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0such other members of the staff of the University or of any body formally admitted into association with the University as the University Council may, from time to time determine.<\/p>\n

\u00a0<\/p>\n

<\/a>28.\u00a0\u00a0\u00a0Admission to a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) Admission to a Public University shall be open to all qualified citizens of Uganda and without discrimination.<\/p>\n

\u00a0\u00a0\u00a0(2) It shall be lawful for the Public University to admit to the University any person qualified for admission who is not a citizen of Uganda.<\/p>\n

\u00a0\u00a0\u00a0(3) The Admission Committee of a Public University shall take into consideration affirmative action in favour of marginalised groups on the basis of gender, disability and disadvantaged schools.<\/p>\n

\u00a0\u00a0\u00a0(4) The Admission Committee of a Public University shall take into consideration for admission, persons with special talents in sports, music and other social activities for their enhancement.<\/p>\n

\u00a0<\/p>\n

<\/a>29.\u00a0\u00a0\u00a0Constituent Colleges of Public Universities.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council may, after consultation with the relevant institution and with the approval of the University Council and the Senate of a Public University, by statutory order\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0establish any college or institution as a constituent college of that Public University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0declare any Public Tertiary Institution as a constituent college of that Public University.<\/p>\n

\u00a0\u00a0\u00a0(2) Where the National Council establishes or declares a college or Public Tertiary Institution to be a constituent college of a University\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Chancellor of that University shall appoint a Principal on the recommendation of the University Council from three candidates recommended by the Senate of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Chancellor shall appoint a Deputy Principal on the recommendation of the University Senate with the approval of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0subject to subsection (4), the Appointments Board of the University shall appoint members of the academic and administrative staff and other employees of the college in accordance with the provisions of this Act;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the Governing Council of the former Public Tertiary Institutions shall function and have such responsibilities as is provided by Statutes of the University relating to constituent colleges of that University.<\/p>\n

\u00a0\u00a0\u00a0(3) For the avoidance of doubt a Public Tertiary Institution declared to be a constituent college under paragraph (b<\/i>) of subsection (1) shall cease to be a body corporate and all rights, assets and liabilities of the Governing Council of that institution shall vest in the University Council to which it is a constituent college to the same extent and for the same estate or interest as they were previously vested in the Governing Council and shall be held and enjoyed in trust and for the benefit of that constituent college.<\/p>\n

\u00a0\u00a0\u00a0(4) …<\/p>\n

\u00a0\u00a0\u00a0(5) All continuing students of an institution declared to be a constituent college of a University shall transfer to the constituent college for their studies without any further assurance and all subsequent recruitment of students to, and the conduct of courses of study in the College shall be made in accordance with procedures and standards set by the University.<\/p>\n

\u00a0\u00a0\u00a0(6) For any other matter relating to constituent colleges which is not provided for under this Act general regulations made by the National Council in that behalf shall apply together with any statutes made by the relevant University relating to its constituent colleges.<\/p>\n

\u00a0<\/p>\n

Part VIII
Officers of a public university.<\/p>\n

\u00a0<\/p>\n

<\/a>30.\u00a0\u00a0\u00a0Chancellor of a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Chancellor for each Public University who shall be appointed by the President on the recommendation of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chancellor shall hold office for a period of four years but shall be eligible for re-appointment for one more term.<\/p>\n

\u00a0\u00a0\u00a0(3) The Chancellor shall be the titular head of the University and as such shall preside at all ceremonial assemblies of the University and, in the name of that University, confer degrees and other academic titles and distinctions of that University.<\/p>\n

\u00a0\u00a0\u00a0(4) The Chancellor shall, at anytime, on the direction of the visitor, cause a visitation of the University to be conducted by a person or persons and for the purposes specified in the directive.<\/p>\n

\u00a0<\/p>\n

<\/a>31.\u00a0\u00a0\u00a0Vice Chancellor of Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Vice Chancellor for each Public University who shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0be responsible for the academic, administrative and financial affairs of the University; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in the absence of the Chancellor, preside at ceremonial assemblies of the University and confer degrees and other academic titles and distinctions of the University.<\/p>\n

\u00a0\u00a0\u00a0(2) The Vice Chancellor shall be appointed by the Chancellor on the recommendation of the University Council from among three candidates recommended by the Senate.<\/p>\n

\u00a0\u00a0\u00a0(3) A search committee composed of two members from the University Council and three members from the University Senate shall identify suitable candidates for the post of Vice Chancellor and forward them to the Senate to nominate three candidates for recommendation to the University Council.<\/p>\n

\u00a0\u00a0\u00a0(4) The Vice Chancellor shall be appointed on terms and conditions determined by the University Council for five years and shall be eligible for re-appointment for one more term.<\/p>\n

\u00a0<\/p>\n

<\/a>32.\u00a0\u00a0\u00a0Deputy Vice Chancellors.<\/p>\n

\u00a0\u00a0\u00a0(1) Each Public University shall have not more than three Deputy Vice Chancellors who shall be appointed by the Chancellor on the recommendation of the University Senate with the approval of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(2) A Deputy Vice Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for one more term.<\/p>\n

\u00a0\u00a0\u00a0(3) The First Deputy Vice Chancellor shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0assist the Vice Chancellor in the performance of his or her functions and in that regard be responsible for the academic affairs of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in the absence of the Vice Chancellor perform the functions of Vice Chancellor;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0perform such other functions that may be delegated to him or her by the Vice Chancellor or assigned by the University Council.<\/p>\n

\u00a0\u00a0\u00a0(4) The Second Deputy Vice Chancellor shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0assist the Vice Chancellor in the performance of his or her functions and in that regard shall oversee the finances and administration of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0be responsible for the planning and development of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0perform such other functions that may be delegated to him or her by the Vice Chancellor or assigned by the University Council;<\/p>\n

\u00a0<\/p>\n

<\/a>33.\u00a0\u00a0\u00a0University Secretary.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a University Secretary for each Public University who shall be appointed by the University Council on the recommendation of the appointments board of that University on terms and conditions that the University Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Secretary shall be responsible for the general administration of the University, including the custody of the seal and administration of its assets.<\/p>\n

\u00a0\u00a0\u00a0(3) The University Secretary shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the secretary to the University Council; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the accounting officer of the University.<\/p>\n

\u00a0\u00a0\u00a0(4) The University Secretary shall be responsible to the Vice Chancellor.<\/p>\n

\u00a0<\/p>\n

<\/a>34.\u00a0\u00a0\u00a0Academic Registrar.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be an Academic Registrar for each Public University appointed by the University Council, on the recommendation of the appointments board, on such terms and conditions as the University Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The Academic Registrar shall be responsible to the Vice Chancellor.<\/p>\n

\u00a0\u00a0\u00a0(3) The Academic Registrar shall assist the first Deputy Vice Chancellor in the administration and organisation of all academic matters including admission, undergraduate studies, post graduate studies, examinations, research and publication.<\/p>\n

\u00a0<\/p>\n

<\/a>35.\u00a0\u00a0\u00a0University Librarian.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a University Librarian for each Public University who shall be appointed by the University Council on the recommendation of the appointments board on terms and conditions that the University Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Librarian shall be responsible for the development, control, management and co-ordination of all library and information services of the University.<\/p>\n

\u00a0\u00a0\u00a0(3) The University Librarian shall be responsible to the Vice Chancellor.<\/p>\n

\u00a0<\/p>\n

<\/a>36.\u00a0\u00a0\u00a0University Bursar.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a University Bursar for each Public University who shall be appointed by the University Council on the recommendation of the appointments board on such terms and conditions that the University Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Bursar shall be responsible for the financial administration and planning of the University and shall maintain the accounts in a form determined by the University Council.<\/p>\n

\u00a0\u00a0\u00a0(3) The University Bursar shall be responsible to the Vice Chancellor through the University Secretary, who is the accounting officer.<\/p>\n

\u00a0<\/p>\n

<\/a>37.\u00a0\u00a0\u00a0The Dean of students.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Dean of Students for each Public University who shall be appointed by the University Council on the recommendation of the appointments board on terms and conditions that the University Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The Dean of Students shall be responsible for the welfare of the students.<\/p>\n

\u00a0\u00a0\u00a0(3) The Dean of Students shall be responsible to the Vice Chancellor.<\/p>\n

\u00a0<\/p>\n

Part IX
The Public University Organs.<\/p>\n

\u00a0<\/p>\n

The University Council.<\/i><\/p>\n

\u00a0<\/p>\n

<\/a>38.\u00a0\u00a0\u00a0University Council for Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a University Council for every Public University consisting of the following members\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Chairperson of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Vice Chairperson of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the Vice Chancellor of the Public University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the Deputy Vice Chancellors;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0a representative of a sector relevant to the University depending on its objectives and mission, appointed by the relevant body in that sector;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0one member of the District Council elected by the District Council in whose jurisdiction the Public University is situated;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0a member of the Convocation elected by the Convocation;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0two members of the University Senate elected by the Senate;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0two members of the Academic Staff elected by the Academic Staff Association of the Public University;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0a senior member of Administrative Staff elected by the Senior Administrative Staff;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0a member of the National Union of Education Institutions; support staff elected by the branch in that University;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0two students of the University, one of whom shall be a woman appointed by the Students Union;<\/p>\n

\u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0three members appointed by the Minister from the public;<\/p>\n

\u00a0\u00a0\u00a0(n<\/i>)\u00a0\u00a0\u00a0three members appointed by the University Council from the public;<\/p>\n

\u00a0\u00a0\u00a0(o<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for finance;<\/p>\n

\u00a0\u00a0\u00a0(p<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for higher education;<\/p>\n

\u00a0\u00a0\u00a0(q<\/i>)\u00a0\u00a0\u00a0two representatives of the constituent colleges, schools and institutes elected by the Chairpersons of the Governing Councils from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(r<\/i>)\u00a0\u00a0\u00a0two representatives of persons with disabilities, one elected by the members of staff who are persons with disabilities and another by National Organisations of persons with disabilities.<\/p>\n

\u00a0\u00a0\u00a0(2) Members appointed under paragraphs (m<\/i>) and (n<\/i>) shall be appointed from different public sectors, including Farmers, Industry, Commerce and other professions.<\/p>\n

\u00a0\u00a0\u00a0(3) All elected and appointed members other than the representative of the students shall hold office for four years and shall be eligible for re-election.<\/p>\n

\u00a0\u00a0\u00a0(4) The students’ representatives on the University Council shall hold office for one year and shall be eligible for re-election so long as they are students of the University.<\/p>\n

\u00a0\u00a0\u00a0(5) The office of a member of the University Council shall become vacant\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0upon death;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0upon ceasing to be a representative of the particular office or body by virtue of which that person became a member of the University Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0upon resignation of a member; or<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0upon being adjudged bankrupt or of unsound mind.<\/p>\n

\u00a0\u00a0\u00a0(6) The University Council may discharge its functions and exercise its powers notwithstanding any vacancy in its membership.<\/p>\n

\u00a0<\/p>\n

<\/a>39.\u00a0\u00a0\u00a0Chairperson and Vice Chairperson.<\/p>\n

\u00a0\u00a0\u00a0(1) The University Council shall elect a Chairperson and a Vice Chairperson from among the members of the Council who are not members of staff or students of the University, persons employed by the Public Service or a member of the District Council or Parliament.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chairperson and Vice Chairperson shall hold office for a period of four years and shall be eligible for re-election for one more term.<\/p>\n

\u00a0\u00a0\u00a0(3) Whenever the office of Chairperson is vacant or the Chairperson is absent for any cause the Vice Chairperson shall discharge the functions of the Chairperson and in the absence of both the Chairperson and Vice Chairperson such other member elected by the University Council, not being an employee or student of the University, Public Service employee or member of the District Council or Parliament, shall discharge the functions of the Chairperson.<\/p>\n

\u00a0\u00a0\u00a0(4) The Chairperson of a University Council in consultation with the Vice Chancellor shall keep the Chancellor fully informed about the general conduct of the affairs of the University and shall furnish the Chancellor with such information as he or she may require on any particular matter relating to the affairs of the University.<\/p>\n

\u00a0<\/p>\n

<\/a>40.\u00a0\u00a0\u00a0Functions of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(1) Subject to the provisions of this Act, the University Council shall be the supreme organ of the Public University and as such shall be responsible for the overall administration of the University and ensuring the due implementation of the objects and functions of the University.<\/p>\n

\u00a0\u00a0\u00a0(2) Without prejudice to the generality of subsection (1), the University Council shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0be responsible for the direction of the administrative, financial and academic affairs of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0formulate the general policy of the public University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0give general guidelines to the administration and academic staff of the University on matters relating to the operations of the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0do any other thing and take all necessary decisions conducive to the fulfilment of the objects and functions of the University.<\/p>\n

\u00a0<\/p>\n

<\/a>41.\u00a0\u00a0\u00a0Powers of the University Council.<\/p>\n

\u00a0\u00a0\u00a0The University Council shall, in relation to its functions\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0represent the University in all legal suits by and against the Public University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0receive gifts, donations, grant or other moneys and make disbursements as may be required, on behalf of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0fix scales of fees and boarding charges;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0make statutes under this Act;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0establish faculties, departments, boards and courses of study and approve proposals for the creation or establishment of constituent colleges;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0provide for the welfare and discipline of the students;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0approve the University budget proposals and the final accounts submitted by the management;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0approve the appointment of Deans and Deputy Deans of faculties.<\/p>\n

\u00a0<\/p>\n

<\/a>42.\u00a0\u00a0\u00a0Meetings of a University Council.<\/p>\n

\u00a0\u00a0\u00a0(1) A University Council shall meet at times and at places that it may determine for the transaction of its business but not less than three times in each calendar year.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chairperson may at any time call a meeting of the University Council and shall call a meeting if requested in writing by at least one third of all the members of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(3) Half of the members of the University Council, at least five of whom shall not be employees or students of the University, shall constitute a quorum<\/i> at any meeting of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(4) Any matter for decision by a University Council shall be determined by a majority of the members of the University Council present and voting; and in the case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote but at any meeting where the Chairperson is being elected or where an annual budget is being approved the decision shall be determined by a majority of two-thirds of the members.<\/p>\n

\u00a0\u00a0\u00a0(5) The validity of the proceedings, act or decision of a University Council shall not be affected by any vacancy in the membership of the University Council or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.<\/p>\n

\u00a0\u00a0\u00a0(6) Members of the University Council shall be paid such allowances as the Council may determine, taking into account other allowances in the public sector.<\/p>\n

\u00a0\u00a0\u00a0(7) Subject to the provisions of this Act, a University Council may regulate its own procedure, and the procedure of any of its committees.<\/p>\n

\u00a0<\/p>\n

<\/a>43.\u00a0\u00a0\u00a0Committees of a University Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The University Council may\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0appoint Committees and Boards consisting of such number of its members and other persons as it may deem necessary;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0appoint one of the members of a Committee to be the Chairperson of that Committee;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0co-opt any person on any Committee of the University Council.<\/p>\n

\u00a0\u00a0\u00a0(2) A University Council may, subject to limitations that the Council may deem fit, delegate any of its functions to any Committee appointed under subsection (1), but the Council shall not delegate the power to approve the budget or the final accounts of the Public University.<\/p>\n

\u00a0\u00a0\u00a0(3) The University Council may authorise any of its Committees to act with any other Committee appointed by the University Senate.<\/p>\n

\u00a0\u00a0\u00a0(4) The Chairperson of the University Council shall be an ex officio<\/i> member of every Committee of the University Council and where no specific Chairperson is appointed for a Committee the Chairperson of the University Council shall be the Chairperson of that Committee.<\/p>\n

\u00a0\u00a0\u00a0(5) In the absence of a Chairperson of a Committee, the members present and constituting a quorum<\/i> shall elect a temporary Chairperson from among themselves.<\/p>\n

\u00a0<\/p>\n

The University Senate and other academic bodies.<\/i><\/p>\n

\u00a0<\/p>\n

<\/a>44.\u00a0\u00a0\u00a0University Senate.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Senate for each Public University whose maximum number of members shall be determined by the University Council from time to time, but the ex officio<\/i> members shall not be reduced.<\/p>\n

\u00a0\u00a0\u00a0(2) The Senate shall consist of the following members\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0Vice Chancellor;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Deputy Vice Chancellors;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0Deans and Directors of faculties or schools as may be established within the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0two representatives of the Principals of constituent colleges, schools or institutes;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0such number of professors and associate professors of the University that the University Council may determine which shall include at least one professor or associate professor from each faculty or school of the University elected by the academic staff of the faculty or school;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the University Librarian, Bursar, Dean of Students and Secretary;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0such number of the Non-Academic Staff that the University Council may determine to be elected by the Non-Academic Staff;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0two students of the University to be elected by the students in accordance with the Students Union Procedure;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0three persons who are capable of contributing to the academic and social development of the University appointed by the Minister from the public.<\/p>\n

\u00a0\u00a0\u00a0(3) Appointed members of the University Senate shall hold office for a period of three years and shall be eligible for reappointment.<\/p>\n

\u00a0\u00a0\u00a0(4) The Vice Chancellor shall be the Chairperson of the Senate and shall preside at all meetings of the Senate at which he or she is present and in the absence of the Vice Chancellor one of the Deputy Vice Chancellors shall preside.<\/p>\n

\u00a0\u00a0\u00a0(5) The Academic Registrar of the University shall be the Secretary to the Senate.<\/p>\n

\u00a0<\/p>\n

<\/a>45.\u00a0\u00a0\u00a0Functions and powers of the Senate.<\/p>\n

\u00a0\u00a0\u00a0(1) Subject to the provisions of this Act the Senate shall be responsible for the organisation, control and direction of the academic matters of the University and as such the Senate shall be in charge of the teaching, research and the general standards of education and research and their assessment in the University.<\/p>\n

\u00a0\u00a0\u00a0(2) Without prejudice to the generality of subsection (1) the Senate shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0initiate the academic policy of the University and advise the University Council on the required facilities to implement the policy;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0direct and regulate the instruction programme and the structure of any degree, diploma or certificate course within the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0advise the University Council regarding the eligibility and qualifications of persons for admission to courses leading to the award of degree, diploma, certificate or other award of the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0make regulations regarding the content and academic standard of any course of study in respect of a degree, diploma, or certificate or other awards;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0make regulations regarding the standard of proficiency to be attained in each examination for a degree, diploma, certificate or other award by the University;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0decide which persons have reached the standard of proficiency and are fit for the award of any degree, diploma, certificate or other awards of the University;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0advise the University Council on the promotion, coordination, control and general direction of research in the University;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0consider and report to the University Council on any matter relating to, or in connection with the academic work of the University.<\/p>\n

\u00a0\u00a0\u00a0(3) The Senate may deprive any person of a degree, diploma, certificate or other award of a Public University if after due inquiry it is found that the award was obtained through fraud or dishonourable or scandalous conduct.<\/p>\n

\u00a0\u00a0\u00a0(4) A person deprived of an award under subsection (3) may appeal to the University Council against the decision of the Senate.<\/p>\n

\u00a0\u00a0\u00a0(5) The Senate may delegate any of its powers or functions to a faculty, school, board of studies or Committee as the Senate may consider fit.<\/p>\n

\u00a0<\/p>\n

<\/a>46.\u00a0\u00a0\u00a0Procedure of the Senate.<\/p>\n

\u00a0\u00a0\u00a0(1) The Senate shall meet for the discharge of its functions and exercise of its powers at least three times in an academic year at a time and place that the Senate may decide or as the Vice Chancellor may require.<\/p>\n

\u00a0\u00a0\u00a0(2) The quorum<\/i> at a meeting of Senate shall be one third of the members of the Senate.<\/p>\n

\u00a0\u00a0\u00a0(3) Subject to this section, the Senate may regulate its own procedure.<\/p>\n

\u00a0<\/p>\n

<\/a>47.\u00a0\u00a0\u00a0Honorary degree.<\/p>\n

\u00a0\u00a0\u00a0The Senate may award honorary degrees to persons who have excelled in any sector of life as it may deem fit on the recommendation of an honorary degrees committee established jointly by the Senate and the University Council.<\/p>\n

\u00a0<\/p>\n

<\/a>48.\u00a0\u00a0\u00a0Board of faculties, institutes and colleges.<\/p>\n

\u00a0\u00a0\u00a0(1) Each faculty, institute, college or other academic body shall have a Board consisting of the following\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Dean or Director who shall be the Chairperson;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Deputy Dean or Director;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0heads of departments within the faculty, institute, college or other body;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0such number of students in the faculty as the Senate may prescribe representing a variety of the courses of study in the faculty;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0such other persons as the Senate may decide;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0a representative of the teaching staff.<\/p>\n

\u00a0\u00a0\u00a0(2) The Board of a faculty, institute, college or other academic body shall recommend for adoption by the Senate in relation to the faculty, proposals\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0regulating the attendance of students, the system of courses and lectures and the admission of students in the faculty;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0on the methodology and curricula to be followed taking into account the policy guidelines given by the University Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0regulating the procedure and dates of examinations;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0relating to the promotion of teaching, research and writing of papers in the faculty, institute, college or other academic body.<\/p>\n

\u00a0\u00a0\u00a0(3) The Board under this section shall meet at least once every month for the discharge of its functions and a meeting shall be held on the request of the Dean or Director or the Deputy Dean or Director at a time and place determined by the Dean or Director.<\/p>\n

\u00a0\u00a0\u00a0(4) A decision of the Board of a Faculty, Institute, College or any other academic body on any matter shall be by a majority of the members present and voting and in the case of equality the person presiding shall have a second or casting vote.<\/p>\n

\u00a0\u00a0\u00a0(5) The Board may, with the approval of the Senate, determine its own procedure.<\/p>\n

\u00a0<\/p>\n

<\/a>49.\u00a0\u00a0\u00a0Department of faculties, etc.<\/p>\n

\u00a0\u00a0\u00a0(1) Each faculty, institute, college or other academic body shall have departments for the various courses of study covered by the faculty, institute, college or other body as the University Council on the recommendation of the Senate may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) Each Department shall have a Board composed of the academic staff of the Department.<\/p>\n

\u00a0\u00a0\u00a0(3) The board of a department may, with the approval of the Board of the Faculty, Institute, College or other body determine its own procedure.<\/p>\n

\u00a0\u00a0\u00a0(4) Each department shall, subject to the direction of the Senate and the faculty, institute, college or other academic body\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0deal with its own academic and administrative matters;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0propose study plans and academic decisions to the Dean or Director for approval;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0assign its members to particular curricula courses, lectures, seminars and workshops.<\/p>\n

\u00a0<\/p>\n

Part X
Staff of a Public University.<\/p>\n

\u00a0<\/p>\n

<\/a>50.\u00a0\u00a0\u00a0Appointments Board.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Committee of the University Council to be known as the Appointments Board.<\/p>\n

\u00a0\u00a0\u00a0(2) The Appointments Board shall consist of nine members appointed under section 43.<\/p>\n

\u00a0\u00a0\u00a0(3) The Appointments Board shall, except where provided otherwise under this Act, be responsible to the University Council for the appointment, promotion, removal from service and discipline of all officers and staff of the academic and administrative service of the University, as may be determined by the University Council.<\/p>\n

\u00a0\u00a0\u00a0(4) The Appointments Board may in the discharge of its functions invite any person to give technical advice in any meeting of the Board.<\/p>\n

\u00a0<\/p>\n

<\/a>51.\u00a0\u00a0\u00a0Staff of a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be three categories of staff in a Public University, namely, the academic staff, the administrative staff and support staff.<\/p>\n

\u00a0\u00a0\u00a0(2) The academic staff shall consist of\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0Deans of Faculties or Schools;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Directors of Institutes, College or other academic bodies;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0Professors, Associate Professors, Senior Lecturers, Lecturers and Assistant Lecturers appointed on a full-time basis for teaching and research;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0University Librarian and other library staff designated as academic members of staff; and<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0such other persons as the University Council may designate, academic members of staff.<\/p>\n

\u00a0\u00a0\u00a0(3) The administrative staff shall consist of persons employed by the University, other than academic staff, holding administrative, professional or technical senior posts established by the University Council for the efficient management and running of the University.<\/p>\n

\u00a0\u00a0\u00a0(4) The support staff shall consist of persons employed by the University who are not members of the academic staff or the administrative staff.<\/p>\n

\u00a0<\/p>\n

<\/a>52.\u00a0\u00a0\u00a0Appointment of staff.<\/p>\n

\u00a0\u00a0\u00a0(1) Subject to the provisions of this Act, academic staff, administrative staff and support staff shall be appointed by the Appointments Board on terms and conditions that may be determined by the University Council in respect of each category of staff.<\/p>\n

\u00a0\u00a0\u00a0(2) All members of staff shall be subject to the general authority of, and responsible to the University Council and the Vice Chancellor through the immediate relevant authority and, except where it is otherwise provided, be deemed to be on full-time service.<\/p>\n

\u00a0<\/p>\n

<\/a>53.\u00a0\u00a0\u00a0Deans and Directors.<\/p>\n

\u00a0\u00a0\u00a0(1) A Dean or Director of a faculty, institute, college or other academic body shall be elected by its academic staff from among its senior members of the academic staff in accordance with the procedures proposed by the Senate and approved by the University Council.<\/p>\n

\u00a0\u00a0\u00a0(2) In the case of a faculty, institute, college or other academic body being established for the first time the Vice Chancellor shall appoint the Dean or Director who shall hold office for a period of two years after which the Dean or Director shall be appointed under subsection (1).<\/p>\n

\u00a0\u00a0\u00a0(3) Subject to subsection (2), a Dean or Director shall hold office for a period of four years and shall be eligible for re-election for one more consecutive term.<\/p>\n

\u00a0\u00a0\u00a0(4) The Dean or Director shall be responsible for the general supervision and administration for the affairs of the faculty, institute, college or other academic body and as such shall be responsible for the promotion and maintenance of efficient teaching and research in the relevant body.<\/p>\n

\u00a0\u00a0\u00a0(5) The faculty, institute, college or other academic body may, by a two-thirds majority of its members, recommend to the Vice Chancellor to forward to the Appointments Board the removal from office of the Dean or Director.<\/p>\n

\u00a0<\/p>\n

<\/a>54.\u00a0\u00a0\u00a0Heads of Departments.<\/p>\n

\u00a0\u00a0\u00a0(1) The Head of Department in each faculty, institute, college or other academic body shall be elected by the academic staff of the department concerned and recommend to the Appointments Board for appointment.<\/p>\n

\u00a0\u00a0\u00a0(2) In the case of a department in the process of being established the Vice Chancellor shall appoint an acting head of that department to hold office for a period of one year after which the Head of Department shall be elected under subsection (1).<\/p>\n

\u00a0\u00a0\u00a0(3) The minimum requirement for election to the post of Head of Department shall be the rank of Senior Lecturer.<\/p>\n

\u00a0\u00a0\u00a0(4) The Head of Department shall hold office for four years and shall be eligible for re-election for one more consecutive term.<\/p>\n

\u00a0\u00a0\u00a0(5) Two-thirds of the academic members of a Department may make a recommendation to the Vice Chancellor to be forwarded to the Appointments Board, to remove the Head of Department from office.<\/p>\n

\u00a0<\/p>\n

<\/a>55.\u00a0\u00a0\u00a0Removal of officers and employees from office.<\/p>\n

\u00a0\u00a0\u00a0(1) If two-thirds of the University Council are satisfied that the Vice Chancellor or a Deputy Vice Chancellor should be removed from office on the grounds of misconduct or inability to perform the functions of the office of the Vice Chancellor or Deputy Vice Chancellor, the University Council shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0give notice in writing to the Vice Chancellor or Deputy Vice Chancellor concerned; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0on the recommendation of the University Appointments Board, recommend to the Chancellor that the Vice Chancellor or Deputy Vice Chancellor should be removed from office.<\/p>\n

\u00a0\u00a0\u00a0(2) If the Vice Chancellor, a Dean, the University Librarian, a Director or Head of Department has reasonable grounds for believing that a member of the academic staff, other than the Vice Chancellor or Deputy Vice Chancellor, for whom he or she has direct responsibility should be removed from office or employment on the grounds of misconduct or failure to perform the functions of the office he or she shall, following consultation with and the agreement of the Vice Chancellor or a Deputy Vice Chancellor or such other person nominated for the purpose by the Vice Chancellor\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0give that person notice in writing including grounds for the removal and the member of staff concerned shall respond in writing;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in writing, suspend the member in question from office or employment pending investigation;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0refer the matter to the University Appointments Board; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0request the Secretary of the University Appointments Board to make arrangements for the member to appear before the University Staff Tribunal with respect to the matter.<\/p>\n

\u00a0<\/p>\n

<\/a>56.\u00a0\u00a0\u00a0University Staff Tribunal.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a University Staff Tribunal consisting of\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a person who is or is qualified to be a High Court Judge, appointed by the Chancellor, who shall be the Chairperson;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a person representing the University Council elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a person representing the Senate elected from among themselves;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a person nominated by the Ministry of Public Service and appointed by the Vice Chancellor;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0two persons nominated by the Academic Staff Association of the University one of whom shall be a woman;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0two persons from the senior members of the administration staff elected from among themselves.<\/p>\n

\u00a0\u00a0\u00a0(2) The term of office of a member of the University Staff Tribunal shall be four years and he or she shall be eligible for reappointment.<\/p>\n

\u00a0\u00a0\u00a0(3) The University Staff Tribunal may require any senior member of staff of the University to assist it in the assessment of any particular case.<\/p>\n

\u00a0\u00a0\u00a0(4) The University Secretary shall provide the secretariat to the University Staff Tribunal.<\/p>\n

\u00a0\u00a0\u00a0(5) The University Staff Tribunal and Appointments Board shall complete their work within a period of six months from the date from which the suspension of a member of staff takes effect.<\/p>\n

\u00a0<\/p>\n

<\/a>57.\u00a0\u00a0\u00a0Appeal against decision of Appointments Board.<\/p>\n

\u00a0\u00a0\u00a0(1) A member of staff may appeal to the University Staff Tribunal against a decision of the Appointments Board within 14 days after being notified of the decision.<\/p>\n

\u00a0\u00a0\u00a0(2) In any appeal under subsection (1), the Tribunal shall within 45 days confirm, vary, amend or set aside the decision appealed against or give such decision as it thinks appropriate.<\/p>\n

\u00a0\u00a0\u00a0(3) A member of staff aggrieved by the decision of the Tribunal under subsection (2) may within 30 days from the date he or she is notified of the Tribunal’s decision apply to the High Court for judicial review.<\/p>\n

\u00a0\u00a0\u00a0(4) On an application to the High Court under this section, the High Court may make such orders as it may consider just.<\/p>\n

\u00a0\u00a0\u00a0(5) Where a member of staff has been removed from office or employment by the Appointments Board he or she shall be deemed to be suspended until the expiry of the period allowed for appeal, at which date the removal shall become effective, where an appeal has been lodged in time, the suspension shall remain in force until the court determines the appeal.<\/p>\n

\u00a0<\/p>\n

Part XI
Financial provision for Public Universities.<\/p>\n

\u00a0<\/p>\n

<\/a>58.\u00a0\u00a0\u00a0Management of property of a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) All the funds, assets and property movable and immovable of a Public University shall be managed and utilised by the University Council in accordance with this Act in such a manner and for such purposes as shall promote the best interest of the University.<\/p>\n

\u00a0\u00a0\u00a0(2) A University Council may dispose of the immovable property of a University.<\/p>\n

\u00a0<\/p>\n

<\/a>59.\u00a0\u00a0\u00a0Funding of Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) A Public University may get funding from the following\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0grants or contributions from Central Government as may be appropriated by Parliament;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0voluntary contributions from the District Council within which the Public University is situated;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0grants, contributions, loans and donations acceptable to the University Council;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0University fees;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0any other money that may become payable to the Public University in the discharge of its functions.<\/p>\n

\u00a0\u00a0\u00a0(2) A District Council or any other local government may provide financial contribution or assistance to a Public University within its area of jurisdiction for the purpose of improving facilities for higher education within its area of jurisdiction.<\/p>\n

\u00a0\u00a0\u00a0(3) The Public University shall not be obliged to accept any grant or donation for a particular purpose unless it approves the purpose and the conditions of the grant or donation.<\/p>\n

\u00a0\u00a0\u00a0(4) All moneys of a Public University shall be deposited to the credit of a bank approved by the University Council and shall not be withdrawn except in accordance with the manner provided by the University Council.<\/p>\n

\u00a0\u00a0\u00a0(5) A University Council of Public University may, after approval of the Minister invest any of the funds of the University in securities or on deposit at such banks as it may determine.<\/p>\n

\u00a0<\/p>\n

<\/a>60.\u00a0\u00a0\u00a0Borrowing powers of Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) The University Council may, subject to subsection (3), borrow funds required for meeting its obligations and for carrying out its functions.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Council may borrow temporarily, by way of overdraft or otherwise, sums of money to be paid within a short period for any urgent requirements in the discharge of its functions.<\/p>\n

\u00a0\u00a0\u00a0(3) The Minister responsible for finance in consultation with the Minister responsible for education may, from time to time, prescribe the maximum sum that may be borrowed in respect of the different votes of expenditure of the Public University.<\/p>\n

\u00a0<\/p>\n

<\/a>61.\u00a0\u00a0\u00a0Financial year of Public University.<\/p>\n

\u00a0\u00a0\u00a0The financial year of a Public University shall be the period of 12 months beginning on the 1st”> day of July, in each year and ending on the 30th”> day of June, in the year following.<\/p>\n

\u00a0<\/p>\n

<\/a>62.\u00a0\u00a0\u00a0Estimates of a University.<\/p>\n

\u00a0\u00a0\u00a0(1) The University Council shall, within a period of three months before the end of each financial year, make and submit to the Minister for approval, estimates of the income and expenditure of the Public University for the next ensuing year.<\/p>\n

\u00a0\u00a0\u00a0(2) The annual estimates shall include all the income and expenditure of the Public University for that financial year and in particular shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the payment of all salaries, allowances and other charges in respect of the staff;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the payment of all pensions, gratuities and other charges regarding retirement benefits payable out of the funds of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0charges for the maintenance of the buildings and other assets of the University, including the repair and replacement of equipment and other movable property of the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the creation of reserve funds for future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or such other matters as the University Council may deem fit.<\/p>\n

\u00a0\u00a0\u00a0(3) No expenditure shall be made out of the funds of the Public University unless the expenditure has been approved by Parliament under the estimates for the year in which such expenditure is to be made or in any other estimates supplementary to it.<\/p>\n

\u00a0<\/p>\n

<\/a>63.\u00a0\u00a0\u00a0Accounts of a University.<\/p>\n

\u00a0\u00a0\u00a0(1) The University Council shall keep or cause to be kept books of all income and expenditure and proper records in relation to them.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Council shall cause to be prepared at the end of each financial year, a balance sheet and a statement of income and expenditure during the financial year.<\/p>\n

\u00a0<\/p>\n

<\/a>64.\u00a0\u00a0\u00a0Audit for a University.<\/p>\n

\u00a0\u00a0\u00a0(1) The accounts of a Public University shall, in respect of each financial year, be subject to audit by the Auditor General or an auditor appointed by him or her.<\/p>\n

\u00a0\u00a0\u00a0(2) The University Council shall ensure that within three months from the end of each financial year, a statement of accounts is prepared and submitted to the Auditor General for auditing.<\/p>\n

\u00a0\u00a0\u00a0(3) The Auditor General or an auditor appointed by him or her shall be entitled to have access to all books of accounts, vouchers and other financial records of the Public University and to require such information and explanation on them as may be necessary.<\/p>\n

\u00a0\u00a0\u00a0(4) The Auditor General shall audit and deliver to the University Council a copy of the audited accounts together with a report on the accounts not later than three months from the date of receipt of the final accounts by the Auditor General.<\/p>\n

\u00a0\u00a0\u00a0(5) The University Council shall, within one month from receipt of the audited accounts and the Auditor General’s report on them, deliver copies to the National Council and the Minister who shall deliver copies to Cabinet and Parliament.<\/p>\n

\u00a0\u00a0\u00a0(6) The fee for any auditor not being in the employment of the Government shall be fixed and paid by the University Council with the approval of the Minister.<\/p>\n

\u00a0<\/p>\n

Part XII
General provisions relating to Public Universities.<\/p>\n

\u00a0<\/p>\n

<\/a>65.\u00a0\u00a0\u00a0Contracts by Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) Contracts on behalf of a Public University shall be made in the following manner\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a contract which if made between private persons would be by law required to be in writing and if made according to any law for the time being in force in Uganda is required to be under seal, may be made on behalf of the University under the common seal of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a contract which if made between private persons, would be by law required to be made in writing, signed by the parties to be charged therewith, may be made on behalf of the University in writing, signed by any person acting under its authority, express or implied;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a contract which, if made between private persons, would be by law valid although made by parol only and not reduced into writing, may be made by parol on behalf of the University by any person acting under its authority.<\/p>\n

\u00a0\u00a0\u00a0(2) A contract made according to and under subsection (1) shall be effectual in law and shall bind the University and its successors and all other parties to the contract.<\/p>\n

\u00a0\u00a0\u00a0(3) A contract made in accordance with this section may be varied or discharged in the same manner in which it is authorised to be made in this section.<\/p>\n

\u00a0<\/p>\n

<\/a>66.\u00a0\u00a0\u00a0Service of documents on University.<\/p>\n

\u00a0\u00a0\u00a0Any document may be served on the University by leaving it at the University Secretary’s Office or sending it by registered post or by electronic means to the University Secretary.<\/p>\n

\u00a0<\/p>\n

<\/a>67.\u00a0\u00a0\u00a0Annual report by University.<\/p>\n

\u00a0\u00a0\u00a0The University Council shall, within three months after the end of each calendar year, send to the Minister a report on the University activities for that year and the extent to which the objectives of the University are met and the Minister shall lay the report before Cabinet and Parliament.<\/p>\n

\u00a0<\/p>\n

<\/a>68.\u00a0\u00a0\u00a0Staff Association.<\/p>\n

\u00a0\u00a0\u00a0(1) Each Public University may have an Academic Staff Association and Administrative Staff Association and a Supporting Staff Association.<\/p>\n

\u00a0\u00a0\u00a0(2) All members of academic and administrative and supporting staff shall be eligible to be members of their respective association consequent upon their appointment and taking up their duties.<\/p>\n

\u00a0\u00a0\u00a0(3) The Staff Association shall be organised by the staff whose categories are stipulated in this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>69.\u00a0\u00a0\u00a0Students Association.<\/p>\n

\u00a0\u00a0\u00a0(1) There may be a students association in each Public University, by whatever name called, which shall be constituted in accordance with statutes made for that purpose by the University Council except that\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the governance of the Students Association shall be guided by a Constitution drawn by the Student body of the University which shall be in conformity with the statutes of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0all the students shall be eligible to become members of the Students’ Association upon admission to and registration at the University.<\/p>\n

\u00a0<\/p>\n

<\/a>70.\u00a0\u00a0\u00a0Convocation.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Convocation of the University which shall consist of the graduates of the University and members of staff and such other persons as the University Council may authorise.<\/p>\n

\u00a0\u00a0\u00a0(2) The Convocation shall exercise such powers and perform such functions as may be conferred on it by the statutes and in particular may meet and discuss any matter within the sphere of competence of the University and transmit recommendations arising out of such discussions to the University Council.<\/p>\n

\u00a0<\/p>\n

<\/a>71.\u00a0\u00a0\u00a0Affiliation of Tertiary Institution to a Public University.<\/p>\n

\u00a0\u00a0\u00a0(1) A tertiary institution may, for the purpose of promoting its academic programmes, and with the approval of the National Council, affiliate with a Public University if\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the institutional standards governing the performance, operations and conduct of the institute are acceptable to the University Council of the Public University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0its institutional standards conform to the standards set by the National Council for Higher Education.<\/p>\n

\u00a0\u00a0\u00a0(2) An affiliated College, School or Tertiary Institution shall remain a Tertiary Institution under this Act and as such, for all intents and purposes shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0retain its status, administration and organisational structure as they were before affiliation; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0be independent of the University to which it is affiliated and only depend on the University to the extent agreed upon,<\/p>\n

in conformity with this Act, regulations made thereunder and Statutes made and guidelines issued by the University relating to institutions affiliated to it.<\/p>\n

\u00a0\u00a0\u00a0(3) A College, School or Tertiary Institution affiliated to a University shall, as may be agreed in relation to awards, conduct courses leading to awards of certificates, diplomas or degrees of that University under standards provided under this Act and statutes made and guidelines issued by the University and shall in connection with the relevant awards, jointly conduct examinations leading to those awards.<\/p>\n

\u00a0<\/p>\n

<\/a>72.\u00a0\u00a0\u00a0University statutes.<\/p>\n

\u00a0\u00a0\u00a0A Public University Council may make statutes not inconsistent with this Act for the better carrying out of its functions and, without prejudice to the generality of the foregoing, may provide for\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the description of the degrees, diploma, certificates and other awards of the Public University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0requirements for the awards of degrees, diplomas, certificate and other awards;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the description and requirements for award of honorary degrees;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the conduct of examinations;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0University fees;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0procedure for appointment of staff, the terms and conditions of service including discipline, salary and retirement benefits of members of all categories of staff;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0membership, functions and privileges of committees and boards established under this Act or by the University Council;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0the academic organisation of the university including admission to the university, courses of study, duration and number of academic terms;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0the grant of scholarship, bursaries and other grants, if any, and their revocation;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0anything that is required to be prescribed under this Act or which needs to be provided for.<\/p>\n

\u00a0<\/p>\n

<\/a>73.\u00a0\u00a0\u00a0Repeal and saving of Acts, 32 of 1970, Statute No. 9 of 1991, Statute No. 6 of 1992, Statute No. 14 of 1992.<\/p>\n

\u00a0\u00a0\u00a0(1) The Makerere University Act, 1970, the Mbarara University of Science and Technology Statute, 1989, the Uganda Management Institute Statute, 1992, and the Institute of Teacher Education Kyambogo Statute, 1993, are repealed.<\/p>\n

\u00a0\u00a0\u00a0(2) Notwithstanding subsection (1) any regulations and statutes made under the Act or statutes repealed shall remain in force until revoked under this Act or until replaced by new ones made under this Act.<\/p>\n

\u00a0\u00a0\u00a0(3) Notwithstanding subsection (1) any acts, appointments or programmes made or started under the Acts or statutes repealed shall continue into existence as if they were made under this law or until they expire.<\/p>\n

\u00a0<\/p>\n

<\/a>74.\u00a0\u00a0\u00a0Vesting of assets and liabilities.<\/p>\n

\u00a0\u00a0\u00a0(1) All assets and property which were vested in the University Councils, other Governing Councils established under the repealed Act or Statutes shall, on the commencement of this Act respectively vest in the relevant University Council or other Governing Council established under this Act without any further appropriation.<\/p>\n

\u00a0\u00a0\u00a0(2) All liabilities, court actions or contract incurred or enforceable by or against the University Councils, other Governing Councils established under the repealed Act and Statutes shall, from the commencement of this Act be enforceable by or against the respective University Councils, other Governing Councils established under this Act.<\/p>\n

\u00a0\u00a0\u00a0(3) All employees and staff of Makerere University or Mbarara University of Science and Technology or the Uganda Management Institute or the Institute of Teacher Education Kyambogo shall be deemed to have been engaged under this Act and shall continue in office until removed under this Act.<\/p>\n

\u00a0\u00a0\u00a0(4) All students of Makerere University and Mbarara University of Science and Technology and the Uganda Management Institute and the Institute of Teacher Education Kyambogo who were admitted to those Universities and Institutions under the repealed Act or Statutes respectively shall continue to be students of their respective Universities and Institutions under this Act.<\/p>\n

\u00a0<\/p>\n

DIVISION FOUR
PUBLIC INSTITUTIONS OF HIGHER EDUCATION OTHER THAN UNIVERSITIES.<\/p>\n

\u00a0<\/p>\n

Part XIII
Establishment and management of Public Tertiary Institutions.<\/p>\n

\u00a0<\/p>\n

<\/a>75.\u00a0\u00a0\u00a0Establishment of Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall, from time to time formulate a Development Plan for the expansion of Public Tertiary Institutions consistent with the National Plan for Economic and Social Development of the country.<\/p>\n

\u00a0\u00a0\u00a0(2) The Minister shall, on the advice of the National Council, by statutory instrument establish a Public Tertiary Institution in any place in Uganda.<\/p>\n

\u00a0\u00a0\u00a0(3) An instrument made under subsection (2) shall be laid before Parliament.<\/p>\n

\u00a0\u00a0\u00a0(4) The Minister may on the recommendation of the National Council, and with the approval of Parliament upgrade a Tertiary Institution to a Public University.<\/p>\n

\u00a0<\/p>\n

<\/a>76.\u00a0\u00a0\u00a0Functions of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0The functions of a Public Tertiary Institution shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to provide full time or part time courses of study and training in such fields of applied learning and research as the Minister may specify in the instrument establishing the institution;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to arrange and organise conferences, seminars, workshops and study groups in its fields of operation;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to perform such other functions as may be directed by the Minister on the advice of the National Council in the promotion of higher education.<\/p>\n

\u00a0<\/p>\n

<\/a>77.\u00a0\u00a0\u00a0Governing Council.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be established for each Public Tertiary Institution a Governing Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its name.<\/p>\n

\u00a0\u00a0\u00a0(2) The Governing Council shall consist of \u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a Chairperson;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0one person representing a public University to which the institution is affiliated;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0two persons having made personal contributions to the development of agriculture industry, technology, education or commerce in Uganda, one of whom shall be a woman;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a representative of the relevant professional body to the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0a representative of the District Council in which the Tertiary Institution is situated;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the Principal and Deputy Principal of the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for Higher Education;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for the field of study undertaken by the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0two representatives of the academic staff of the Institution one of whom shall be a woman;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0a representative of the non-teaching staff of the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0three representatives of the Student’s Association one of whom shall be a woman;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0a representative of the alumina of the Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(3) The Principal shall be the Secretary to the Governing Council.<\/p>\n

\u00a0\u00a0\u00a0(4) The Chairperson of the Governing Council shall be appointed by the Minister from three names forwarded by the Council from among themselves.<\/p>\n

\u00a0\u00a0\u00a0(5) A member of the Governing Council other than the Principal and Deputy Principal shall hold office for a period of three years if he or she still represents the relevant sector for which he or she was appointed and shall be eligible for re-appointment.<\/p>\n

\u00a0\u00a0\u00a0(6) A member of the Governing Council may be paid allowances that may be determined by the Governing Council with the approval of the Permanent Secretary.<\/p>\n

\u00a0\u00a0\u00a0(7) A member of the Governing Council may resign the office by writing under his or her hand addressed to the Permanent Secretary.<\/p>\n

\u00a0\u00a0\u00a0(8) Where a vacancy occurs in the membership of the Governing Council the Permanent Secretary may appoint another person in that place who shall hold office for the remaining period of the person vacating office.<\/p>\n

\u00a0\u00a0\u00a0(9) Any vacancy on the Governing Council shall not affect the proceeding of the Governing Council in which a quorum<\/i> is realised or any decision made in that proceeding.<\/p>\n

\u00a0<\/p>\n

<\/a>78.\u00a0\u00a0\u00a0Functions and powers of Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council shall be the governing body of the Public Tertiary Institution and shall exercise the general management of the affairs of the Tertiary Institution and exercise general control of the property of the institution.<\/p>\n

\u00a0\u00a0\u00a0(2) A Governing Council may acquire and hold movable or immovable property as may be necessary for carrying into effect the provisions of this Act and may sell, lease, mortgage or dispose of any property.<\/p>\n

\u00a0<\/p>\n

<\/a>79.\u00a0\u00a0\u00a0Meetings of the Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council shall meet at least once in three months for the discharge of its functions.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chairperson shall preside at all meetings of the Governing Council and in the absence of the chairperson the members present shall elect one of their number to preside.<\/p>\n

\u00a0\u00a0\u00a0(3) Subject to the provisions of this section the Governing Council shall regulate its own procedure.<\/p>\n

\u00a0<\/p>\n

<\/a>80.\u00a0\u00a0\u00a0Committees of the Council.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council may appoint such committees for the efficient functioning of the Governing Council as it may deem necessary, and without prejudice to the generality of the foregoing, the Governing Council shall have the following committees\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Appointments Committee;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Student’s Affairs Committee;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the Planning and Development Committee; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the Finance Committee.<\/p>\n

\u00a0\u00a0\u00a0(2) The Governing Council may delegate any of its functions or powers to any committee.<\/p>\n

\u00a0\u00a0\u00a0(3) The Governing Council shall prescribe the powers, duties and procedure and other terms and conditions of service of the committees appointed under this section.<\/p>\n

\u00a0\u00a0\u00a0(4) Any committee shall include among others, representatives of the Academic Staff Association, the Students Association and the Non-teaching Staff.<\/p>\n

\u00a0<\/p>\n

<\/a>81.\u00a0\u00a0\u00a0Academic Board.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be an Academic Board for each Public Tertiary Institution which shall consist of\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Principal, who shall be the chairperson;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Deputy Principal who shall be the Vice Chairperson;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the heads of departments in each faculty;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0at least two members elected by the Academic Staff Association;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0such other members as the Academic Board may decide.<\/p>\n

\u00a0\u00a0\u00a0(2) The registrar shall be the Secretary of the Academic Board but shall not vote on any matter at any meeting of the Academic Board.<\/p>\n

\u00a0\u00a0\u00a0(3) The Academic Board shall, subject to the provisions of this Act have the following powers and duties\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to satisfy itself regarding the content and academic standard of any course of study in respect of any award of the Tertiary Institution and report to the Governing Council;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to initiate proposals relating to the conduct of the institution generally, and to discuss any matter relating to the institution and to make submission to the Governing Council;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to propose regulations to be made by the Governing Council regarding the eligibility of persons for admission to any course of study provided by or under the supervision of the institution;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0to propose regulations to be made by the Governing Council regarding the standard of proficiency to be gained in each examination for any award;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0to decide which persons have reached the standard of proficiency referred to in paragraph (d<\/i>) and fit for any award;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0to initiate, prepare, evaluate and submit academic programmes for the institution.<\/p>\n

\u00a0<\/p>\n

<\/a>82.\u00a0\u00a0\u00a0Meetings of the Academic Board.<\/p>\n

\u00a0\u00a0\u00a0(1) Unless the Academic Board otherwise determines and subject to the provisions of this Act, meetings of the Academic Board shall be held at least once in three months at such place and time as the Chairperson of the Academic Board may appoint.<\/p>\n

\u00a0\u00a0\u00a0(2) The Chairperson of the Academic Board may at any time call a meeting of the Academic Board and shall call a meeting within 10 days of receipt of a requisition for that purpose addressed to him or her and signed by half of all the members of the Academic Board.<\/p>\n

\u00a0\u00a0\u00a0(3) Every question before the Academic Board shall be decided by a simple majority of the members present and in case of an equality of votes the person presiding shall have a casting vote.<\/p>\n

\u00a0\u00a0\u00a0(4) Subject to this Act the Academic Board may regulate its own procedure.<\/p>\n

\u00a0<\/p>\n

Part XIIIA
Establishment and management of Other Degree Awarding Institutions.<\/p>\n

\u00a0<\/p>\n

<\/a>82A.\u00a0\u00a0\u00a0Establishment of Other Degree Awarding Institutions.<\/p>\n

\u00a0\u00a0\u00a0(1) The Minister may, by statutory instrument, on the recommendation of the National Council and by resolution of Parliament, establish any Other Degree Awarding Institution as a public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall, within 30 days of the publication of the statutory instrument in the Gazette<\/i>, register any Other Degree Awarding Institution established under subsection (1).<\/p>\n

\u00a0<\/p>\n

<\/a>82B.\u00a0\u00a0\u00a0Other Degree Awarding Institution to be a body corporate.<\/p>\n

\u00a0\u00a0\u00a0Any Other Degree Awarding Institution established under section 82A shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name and, subject to this Act, may do all such things as bodies corporate may lawfully do.<\/p>\n

\u00a0<\/p>\n

<\/a>82C.\u00a0\u00a0\u00a0Other provisions relating to Other Degree Awarding Institutions.<\/p>\n

\u00a0\u00a0\u00a0The provisions of the principal Act specified in the Schedule to this Act shall apply to any Other Degree Awarding Institution established under this Act, subject to such modifications, qualifications, reservations and other changes as the Minister may, on the recommendations of the National Council, by statutory instrument specify.<\/p>\n

\u00a0<\/p>\n

<\/a>82D.\u00a0\u00a0\u00a0Application to establish a Private other Degree Awarding Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) A person, firm or organisation proposing to establish and operate a Private Other Degree Awarding Institution or a post-secondary institution proposing to constitute itself into a Private Other Degree Awarding Institution shall in a prescribed form, make an application to the National Council for Higher Education for a provisional licence to establish and operate an Other Degree Awarding Institution.<\/p>\n

\u00a0\u00a0\u00a0(2) An application made under subsection (1) shall be accompanied by\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the proposed name, physical location and academic character of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the aim and objective for which the University is to be established;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the detailed financial base of the proposed University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the form of governance through which the academic and administrative affairs of the University are to be conducted;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0an outline of the academic programmes intended to be conducted by the University;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the academic facilities including library services and property equipment proposed for the academic programme;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0existing or proposed human resources including academic and senior administrative staff;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0existing or proposed physical infrastructure;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0financial control and administration;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0the timetable indicating the steps to be taken for three years after establishment of the University towards the realisation of the objects of the University.<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall, on receipt of the application under this section organise a meeting or series of meetings with the applicant to verify the resources and information given with the application.<\/p>\n

\u00a0\u00a0\u00a0(4) A detailed report of the findings of the National Council under subsection (3) shall be submitted to the Minister.<\/p>\n

\u00a0<\/p>\n

<\/a>82E.\u00a0\u00a0\u00a0Provisional Licence for Private Other Degree Awarding Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) On being satisfied that\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the resources declared are available or are likely to be established;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the applicant is following realistic plans to achieve the objects of the Private Other Degree Awarding Institution;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the Private Other Degree Awarding Institution is likely to attain and maintain the academic standards set by the National Council; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the establishment of the Private Other Degree Awarding Institution is in the interest of the public in relation to higher education;<\/p>\n

the National Council may issue a provisional licence to the applicant to establish and operate a Private Other Degree Awarding Institution according to the resources and information attached to the application.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall publish the name and particulars of a Private Other Degree Awarding Institution issued with a provisional licence in the Gazette<\/i>.<\/p>\n

\u00a0\u00a0\u00a0(3) A provisional licence shall be valid for at least three years from the date of publication of the Private Other Degree Awarding Institution in the Gazette<\/i>, within which period the National Council shall be monitoring the University to establish its viability for accreditation.<\/p>\n

\u00a0<\/p>\n

<\/a>82F.\u00a0\u00a0\u00a0Application of other provisions to an Other Degree Awarding Institution.<\/p>\n

\u00a0\u00a0\u00a0The provisions of this Act relating to Private Universities shall apply to a Private Other Degree Awarding Institution subject to such modifications qualifications, reservations and other changes as may be determined by the National Council by legal notice.<\/p>\n

\u00a0<\/p>\n

Part XIV
Officers and staff of a Public Tertiary Institution.<\/p>\n

\u00a0<\/p>\n

<\/a>83.\u00a0\u00a0\u00a0Principal of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) Each Public Tertiary Institution shall have a principal and deputy principal who shall be appointed by the Education Service Commission on terms and conditions that the Commission may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The Principal shall be the chief academic and administrative officer as well as the accounting officer of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(3) The Principal shall hold office for a period of five years and shall be eligible for re-appointment.<\/p>\n

\u00a0<\/p>\n

<\/a>84.\u00a0\u00a0\u00a0Secretary, Registrar and Bursar.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Secretary to each Public Tertiary Institution who shall be responsible for the day-to-day administration of the institution and shall perform such other functions as the Governing Council or the Principal may assign.<\/p>\n

\u00a0\u00a0\u00a0(2) There shall be a Registrar who shall be Secretary to the Academic Board and its Committees.<\/p>\n

\u00a0\u00a0\u00a0(3) There shall be a Bursar for each Public Tertiary Institution who shall be responsible to the Principal.<\/p>\n

\u00a0<\/p>\n

<\/a>85.\u00a0\u00a0\u00a0Appointment of other officers.<\/p>\n

\u00a0\u00a0\u00a0The Secretary, Registrar, the Bursar, and other senior administrative officers and the academic staff shall be appointed by the Education Service Commission on the recommendation of the Appointments Committee through the Governing Council.<\/p>\n

\u00a0<\/p>\n

<\/a>86.\u00a0\u00a0\u00a0Appointment of other staff.<\/p>\n

\u00a0\u00a0\u00a0(1) The Chairperson of the Governing Council shall be the Chairperson of the Appointments Committee.<\/p>\n

\u00a0\u00a0\u00a0(2) Subject to section 85 the Academic Staff, the Administrative Staff and any other employees shall be appointed by the Appointments Committee.<\/p>\n

\u00a0\u00a0\u00a0(3) All members of staff and employees shall be responsible for the Principal through the proper administrative channels.<\/p>\n

\u00a0<\/p>\n

<\/a>87.\u00a0\u00a0\u00a0Disciplinary procedure.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council may, in consultation with the Education Service Commission make regulations for the discipline of staff and other employees of the Tertiary Institution, as well as the students of the Institution as it may deem fit.<\/p>\n

\u00a0\u00a0\u00a0(2) The Principal may, in case of misconduct by a member of staff, which in the opinion of the Principal, is prejudicial to the interests of the Tertiary Institution, suspend the member and any such suspension shall forthwith be reported to the Governing Council.<\/p>\n

\u00a0\u00a0\u00a0(3) The Appointments Committee shall in consultation with the Governing Council institute an investigating sub-committee to investigate a member of staff who has been suspended and accused of gross misconduct or inefficiency and report within twenty one days after its institution; and if the Committee, after considering the report of the investigating sub-committee, is satisfied that the person in question should be removed, the Committee may so recommend to the Education Service Commission.<\/p>\n

\u00a0\u00a0\u00a0(4) Any member of staff may be suspended from office by the Appointments Committee for good cause which shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0any physical or mental incapacity which, on medical advice, renders the officer or employee unfit for the discharge of the functions of his or her office;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0conduct of a scandalous or other disgraceful nature which renders the person unfit to continue to hold his or her office; or<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0conduct which constitutes failure or inability of the person concerned to discharge the functions of his or her office or to comply with the terms and conditions of service.<\/p>\n

\u00a0\u00a0\u00a0(5) The Governing Council shall, report the suspension to the Education Service Commission within a period of thirty days.<\/p>\n

\u00a0\u00a0\u00a0(6) Any person suspended under this section shall be paid half pay until decision is taken by the Education Service Commission.<\/p>\n

\u00a0<\/p>\n

Part XV
Financial provision for Public Tertiary Institutions.<\/p>\n

\u00a0<\/p>\n

<\/a>88.\u00a0\u00a0\u00a0Funds of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) The funds of a Public Tertiary Institution shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0revenue from time to time accruing to the Institution from the Government by way of subvention; grant-in-aid, endowment or otherwise;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0fees charged by and payable to the Institution by the students;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0any other amounts due to or recoverable by the Institution;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0donations and legacies accruing to the Institution for the special purpose of the Institution.<\/p>\n

\u00a0\u00a0\u00a0(2) Donations of money to be applied to any purpose shall be placed to the credit of a special reserve account approved by the Governing Council until such time as they may be expended in fulfilment of that purpose.<\/p>\n

\u00a0\u00a0\u00a0(3) An Institution shall not be obliged to accept a donation for a particular purpose unless it approves of the conditions attached to the donation.<\/p>\n

\u00a0\u00a0\u00a0(4) All sums of money received by an Institution shall be paid into a bank account on the credit of the Institution as may be approved by the Governing Council.<\/p>\n

\u00a0\u00a0\u00a0(5) An Institution may invest any of its moneys which is not immediately required for the operations of the Institution.<\/p>\n

\u00a0\u00a0\u00a0(6) The Governing Council shall, within three months from the beginning of the financial year, in each year prepare and submit to the Minister an annual report of its activities during the preceding financial year and shall include in it the audited accounts of the tertiary institution in respect of the financial year and the Audit Report.<\/p>\n

\u00a0<\/p>\n

<\/a>89.\u00a0\u00a0\u00a0Financial year for Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0The financial year of a Public Tertiary Institution shall be the 12 months beginning from the 1st”> day of July and ending on the 30th”> day of June.<\/p>\n

\u00a0<\/p>\n

<\/a>90.\u00a0\u00a0\u00a0Estimates of a Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council shall, within a period of three months before the end of each financial year, make and submit to the Minister for approval, estimates of the income and expenditure of the institute for the next ensuing year.<\/p>\n

\u00a0\u00a0\u00a0(2) The annual estimates shall include all the income and expenditure of the Institution for that financial year and shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0payment of all salaries, allowances and other charges in respect of the staff;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0payment of pensions, gratuities and other charges regarding retirement benefits payable out of the funds of the Institution;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0charges for the maintenance of the buildings and other assets of the Institution including the repair and replacement of equipment and other movable property of the Institution;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the cost of teaching and research activities in the Institution, a reserve fund for future contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or other matter as the Governing Council may consider fit.<\/p>\n

\u00a0\u00a0\u00a0(3) No expenditure shall be made out of the funds of the Institution unless the expenditure has been approved by the Minister under estimates for the year in which the expenditure is to be made or in any other estimates supplementary thereto.<\/p>\n

\u00a0<\/p>\n

<\/a>91.\u00a0\u00a0\u00a0Accounts and Audit of Public Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) The Governing Council shall keep proper books of accounts and prepare the annual financial statements of accounts for the period immediately preceding the financial year not later than the 30th”> day of June.<\/p>\n

\u00a0\u00a0\u00a0(2) The statement of accounts of the Institution shall, in respect of each year, be audited by the Auditor General or an auditor appointed by the Auditor General.<\/p>\n

\u00a0\u00a0\u00a0(3) The Governing Council shall ensure that within four months from the end of each financial year, a statement of accounts of the Institution is submitted to the Auditor General for auditing.<\/p>\n

\u00a0\u00a0\u00a0(4) The Auditor General or an auditor appointed by him or her shall be entitled to have access to all books of accounts, vouchers and other financial records of the institution and to require any information and explanation as he or she requires.<\/p>\n

\u00a0\u00a0\u00a0(5) The Auditor General shall audit and deliver to the Governing Council a copy of the audited accounts together with his or her report on the accounts not later than three months from the date of receipt of the final accounts.<\/p>\n

\u00a0\u00a0\u00a0(6) The Governing Council shall within one month from receipt of the audited accounts and the Auditor General’s report on it, deliver a copy to the Minister who shall present them to Parliament.<\/p>\n

\u00a0\u00a0\u00a0(7) The fee for any auditor not being in the employment of the Government shall be fixed and paid by the Governing Council.<\/p>\n

\u00a0<\/p>\n

Part XVI
Other matters relating to Public Tertiary Institutions.<\/p>\n

\u00a0<\/p>\n

<\/a>92.\u00a0\u00a0\u00a0Students’ Association.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be a Students’ Association which shall be constituted in accordance with regulations made for that purpose by the Governing Council.<\/p>\n

\u00a0\u00a0\u00a0(2) The Students’ Association may make its own Constitution with the approval of the Governing Council.<\/p>\n

\u00a0<\/p>\n

<\/a>93.\u00a0\u00a0\u00a0Academic Staff Association for Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) There shall be an Academic Staff Association whose aim shall be to promote the academic and welfare interest of the Academic Staff.<\/p>\n

\u00a0\u00a0\u00a0(2) The Academic Staff Association may make its Constitution with the approval of the Governing Council.<\/p>\n

\u00a0<\/p>\n

<\/a>94.\u00a0\u00a0\u00a0Seal of a Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) A Tertiary Institution shall have a common seal which shall be such device as the Governing Council may determine.<\/p>\n

\u00a0\u00a0\u00a0(2) The common seal of the Institution shall not be used or affixed to any document except in pursuance of resolution duly passed at a properly constituted meeting of the Governing Council and recorded in the minutes of that meeting.<\/p>\n

\u00a0\u00a0\u00a0(3) The fixing of the seal of the Institution shall be authenticated by the signature of the Chairperson of the Governing Council and one other member authorised generally or specifically for that purpose.<\/p>\n

\u00a0\u00a0\u00a0(4) Any document purporting to be a document duly executed under seal of the Tertiary Institution shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.<\/p>\n

\u00a0<\/p>\n

<\/a>95.\u00a0\u00a0\u00a0Transitional Provision for Public Institutions.<\/p>\n

\u00a0\u00a0\u00a0(1) By virtue of this Act, all property movable and immovable held by or on behalf of any existing Public Institution shall, as from the commencement of this Act be vested in the new Institution established under this Act.<\/p>\n

\u00a0\u00a0\u00a0(2) Upon the commencement of this Act\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the rights, interest, obligations and liabilities of a Public Tertiary Institution existing before the commencement of this Act under any contract or instrument, or at law or in equity shall by virtue of this Act, be assigned to and vested in the new Institution under this Act;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0any such contract or instrument as is mentioned in paragraph (a<\/i>) shall be of the same force and effect against or in favour of the new Institution and shall be enforceable.<\/p>\n

\u00a0<\/p>\n

DIVISION FIVE
PRIVATE UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER EDUCATION.<\/p>\n

\u00a0<\/p>\n

Part XVII
Establishment of a Private University.<\/p>\n

\u00a0<\/p>\n

<\/a>95A.\u00a0\u00a0\u00a0Letter of Interim Authority.<\/p>\n

\u00a0\u00a0\u00a0(1) A promoter of a private University shall, prior to making an application for a provisional licence, apply to the National Council for a Letter of Interim Authority.<\/p>\n

\u00a0\u00a0\u00a0(2) An application made under subsection (1) shall be accompanied by\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the name of the proposed University and its proposed physical location;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the name or names of the promoters of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the vision, mission, objectives and philosophy for which the University is to be established;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the proposed governance structure of the University;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the proposed human resources that will be required to operate the University;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the expected source of financial resources;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0the time table indicating the steps proposed to be taken towards the realisation of the objectives specified in subsection (3).<\/p>\n

\u00a0\u00a0\u00a0(3) A letter of Interim Authority shall be valid for a period of up to three years during which the holder of the Authority shall not admit students into the University but shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0mobilise funds;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0acquire requisite infrastructures and academic facilities;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0organise academic and administrative human infrastructures; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0do any other thing that may further the development of the proposed University to maturity.<\/p>\n

\u00a0<\/p>\n

<\/a>96.\u00a0\u00a0\u00a0Application to establish and operate a Private University.<\/p>\n

\u00a0\u00a0\u00a0(1) A person proposing to establish and operate a Private University or a post-secondary institution proposing to constitute itself into a private university may, in a prescribed form, make an application to the National Council for Higher Education for a provisional licence to establish and operate a University.<\/p>\n

\u00a0\u00a0\u00a0(2) An application made under subsection (1) shall be accompanied by\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the proposed name, physical location and academic character of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the aim and objectives for which the University is to be established;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the detailed financial base of the proposed University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the form of governance through which the academic and administrative affairs of the University are to be conducted;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0an outline of the academic programmes intended to be conducted by the University;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the academic facilities including library services and property equipment proposed for the academic programme and the manner in which they are to be maintained;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0existing or proposed human resources including academic and senior administrative staff;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0existing or proposed physical infrastructure;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0financial control and administration;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0the timetable indicating the steps to be taken for three years after establishment of the University towards the realisation of the objects of the University.<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall, on receipt of the application under this section organise a meeting or series of meetings with the applicant to verify the resources and information given with the application.<\/p>\n

\u00a0\u00a0\u00a0(4) A detailed report of the findings of the National Council under subsection (3) shall be submitted to the Minister.<\/p>\n

\u00a0<\/p>\n

<\/a>97.\u00a0\u00a0\u00a0Provisional licence for a Private University.<\/p>\n

\u00a0\u00a0\u00a0(1) On being satisfied that\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the resources declared are available or are likely to be established;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the applicant is following realistic plans to achieve the objects of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the University is likely to attain and maintain the academic standards set by the National Council; and<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the establishment of that University is in the interest of the public in relation to higher education;<\/p>\n

the National Council may issue a provisional licence to the applicant to establish and operate a Private University according to the resources and information attached to the application.<\/p>\n

\u00a0\u00a0\u00a0(2) The name and particulars of a Private University issued with a provisional licence shall be published in the Gazette<\/i> by the National Council.<\/p>\n

\u00a0\u00a0\u00a0(3) A provisional licence shall be valid for at least three years from the date of publication of the University in the Gazette<\/i>, within which period the National Council shall be monitoring the University to establish its viability for accreditation.<\/p>\n

\u00a0<\/p>\n

<\/a>98.\u00a0\u00a0\u00a0Refusal, suspension or revocation of a licence.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council may\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0refuse a provisional licence if it is satisfied that the applicant is unlikely to procure the academic, physical or other resources necessary for the operation of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0by notice published in the Gazette<\/i>, and public print media notify the University of the intention to suspend or revoke a provisional licence if two years after the issue of the licence no substantial progress is made to establish the University or if established it is unable to meet the standards set for Universities.<\/p>\n

\u00a0\u00a0\u00a0(2) On the suspension or revocation of a licence the National Council shall indicate the failure of the University and the steps required to rectify the failure.<\/p>\n

\u00a0\u00a0\u00a0(3) Where a provisional licence is refused or revoked, no application shall be entertained by the Council within two years from the refusal or revocation of the licence.<\/p>\n

\u00a0\u00a0\u00a0(4) The suspension or revocation of a licence under this section shall not affect the validity or other status of any certificate, diploma, degree or other academic award granted by the University in question when still under provisional licence.<\/p>\n

\u00a0<\/p>\n

<\/a>99.\u00a0\u00a0\u00a0Report on evaluation under provisional licence.<\/p>\n

\u00a0\u00a0\u00a0(1) A Private University issued with a provisional licence shall prepare and submit to the National Council\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a report of its activities in each year of operation; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a detailed evaluation of its activities and steps taken towards the achievement of the objects for which it was established and the national institutional standards prescribed by the National Council after three years of its operation.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall discuss all reports submitted under subsection (1) and may make comments on them or give to the University such instructions as it may deem fit.<\/p>\n

\u00a0<\/p>\n

<\/a>100.\u00a0\u00a0\u00a0Application for grant of a Charter and accreditation.<\/p>\n

\u00a0\u00a0\u00a0(1) Any Private University, being a holder of a provisional licence, and having been a holder for not less than three years may apply to the National Council for the grant of a Charter and accreditation.<\/p>\n

\u00a0\u00a0\u00a0(2) An application for the grant of a Charter shall, in addition to any other details that the National Council may in each case specify, be accompanied by\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0all information required for application of a provisional licence;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a draft Charter;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a list and academic qualifications of the academic staff and senior administrative staff on full-time employment of the Private University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a list of the total number of students that have been enrolled in each programme of instruction being offered at the Private University;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0library facilities, including the size, quality and equipment provided in each programme of instruction by the library;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0a statement of the financial resources available for the exclusive use of the university, certified by a qualified accountant;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0an inventory of the physical facilities, including land, available for the exclusive use of the University;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0the names of the proprietors of the University.<\/p>\n

\u00a0<\/p>\n

<\/a>101.\u00a0\u00a0\u00a0Recommendation for accreditation.<\/p>\n

\u00a0\u00a0\u00a0(1) If the evaluation report under section 99 indicates that the National Council is satisfied with the progress of the Private University and the design, implementation and maintenance of the academic and administration system conform to the prescribed institutional standards, the National Council shall appoint an Inspection Committee to make\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0an inquiry and ascertain the veracity of the information submitted under section 99;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0an inquiry into the academic, administrative and social affairs of the Private University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0such other inquiry and investigation as may be relevant to the application under section 100.<\/p>\n

\u00a0\u00a0\u00a0(2) The Inspection Committee shall submit to the National Council a report on the Private University within six months from the date of its appointment.<\/p>\n

\u00a0\u00a0\u00a0(3) If after consideration of the report of the Inspection Committee and any other relevant matter, the National Council is satisfied that\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the Charter of the Private University forms a sound basis for the academic, administrative and social organisation of the University; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the Private University has effectively organised adequate human, physical, financial and other necessary resources capable of achieving the prescribed institutional standards,<\/p>\n

it shall recommend to the Minister that the University be accredited.<\/p>\n

\u00a0\u00a0\u00a0(4) The Minister shall take appropriate action after the recommendation of the National Council under subsection (3) within three months from the date of the recommendation.<\/p>\n

\u00a0\u00a0\u00a0(5) If after consideration of the report of the Inspection Committee and any other relevant matter, the National Council is not satisfied with the findings, the National Council shall inform the University and the Minister about the shortfalls in its expectations and give reasons for not recommending the granting of a Charter.<\/p>\n

\u00a0<\/p>\n

<\/a>102.\u00a0\u00a0\u00a0Granting of Charter to a Private University.<\/p>\n

\u00a0\u00a0\u00a0(1) The Minister shall, within 90 days from the date of receipt of a recommendation under section 101 submit the application and the recommendation to the President.<\/p>\n

\u00a0\u00a0\u00a0(2) The President shall grant a Charter in the form submitted by the applicant with the application to the relevant University.<\/p>\n

\u00a0\u00a0\u00a0(3) The Minister shall, as soon as is practicable after the granting of the Charter, by legal notice publish the Charter in the Gazette<\/i> and public print media.<\/p>\n

\u00a0<\/p>\n

<\/a>103.\u00a0\u00a0\u00a0Effect of Grant of Charter and accreditation.<\/p>\n

\u00a0\u00a0\u00a0On the publication of a Charter under section 102, the Private University to which the Charter is granted shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0accredited and certificates, diplomas, degrees and other academic awards by the University shall be recognised as of comparable and equivalent merit with those of other accredited and Public Universities in Uganda;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and may for and in connection with its objects and functions\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0purchase, hold, mortgage and dispose of any property whether movable or immovable;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0enter into any contract or transaction as may be expedient; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0do or suffer any other act or thing as bodies corporate may lawfully do or suffer;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0registered by the National Council.<\/p>\n

\u00a0<\/p>\n

Part XVIII
Other matters relating to Private University.<\/p>\n

\u00a0<\/p>\n

<\/a>104.\u00a0\u00a0\u00a0Private University Charter.<\/p>\n

\u00a0\u00a0\u00a0A Private University’s Charter to be submitted with the application under this Act shall include\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the name of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0location of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0object and functions of the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0membership of the University;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0administrative and academic structures and authorities of bodies within the structure including Council or Board, faculties, Departments and others;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0officers of the University;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0the method of appointing and disciplining employees;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0functions of the different bodies and officers of the Private University;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0method of admission of students;<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0students’ participation in University operations;<\/p>\n

\u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0source of funding;<\/p>\n

\u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0financial administration;<\/p>\n

\u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0the extent to which and the form in which regulations may be made for the better functioning of the University;<\/p>\n

\u00a0\u00a0\u00a0(n<\/i>)\u00a0\u00a0\u00a0any other matter that may be relevant to the operations of the University.<\/p>\n

\u00a0<\/p>\n

<\/a>105.\u00a0\u00a0\u00a0Officers of a Private University.<\/p>\n

\u00a0\u00a0\u00a0A Private University shall have persons designated officers of the University as may be specified in its Charter.<\/p>\n

\u00a0<\/p>\n

<\/a>106.\u00a0\u00a0\u00a0Membership of a Private University.<\/p>\n

\u00a0\u00a0\u00a0A Private University shall have the membership specified in its Charter.<\/p>\n

\u00a0<\/p>\n

<\/a>107.\u00a0\u00a0\u00a0Governing body of a Private University.<\/p>\n

\u00a0\u00a0\u00a0There shall be a governing body for each Private University whose composition, powers and duties shall be specified in its Charter.<\/p>\n

\u00a0<\/p>\n

<\/a>108.\u00a0\u00a0\u00a0Academic structure of a Private University.<\/p>\n

\u00a0\u00a0\u00a0(1) A Private University shall have a supreme academic body, whose composition, functions and powers shall be specified in its Charter.<\/p>\n

\u00a0\u00a0\u00a0(2) A Private University shall have such faculties, schools, institutes or centres and such departments established as may be specified in its Charters.<\/p>\n

\u00a0<\/p>\n

<\/a>109.\u00a0\u00a0\u00a0Annual report, audited accounts of Private University.<\/p>\n

\u00a0\u00a0\u00a0A Private University shall prepare and submit to the National Council, an annual report on the operations and progress of the University including\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a detailed evaluation of its academic activities and the extent to which the prescribed institutional standards are met;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a statement of the assets and liabilities of the University and its audited accounts.<\/p>\n

\u00a0<\/p>\n

<\/a>110.\u00a0\u00a0\u00a0Revocation of a Charter.<\/p>\n

\u00a0\u00a0\u00a0(1) The President may, on the recommendation of the National Council, through the Minister, revoke a Charter issued under this Act if\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0it is evident that the Private University is not carrying on its functions in a proper manner;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the University is in breach of its Charter;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0it is in the interest of University education generally to revoke the Charter.<\/p>\n

\u00a0\u00a0\u00a0(2) Where a Charter is revoked under subsection (1), the Minister shall, as soon as practicable, by legal notice, publish the revocation in the Gazette<\/i> and thereafter the Private University shall cease to be a University at the expiry of one year from the date of the legal notice.<\/p>\n

\u00a0\u00a0\u00a0(3) The revocation of any Charter shall not affect the validity or other status of any certificate, diploma, degree or other academic award granted by the University in question when still a recognised University under this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>111.\u00a0\u00a0\u00a0Constituent colleges or campuses of and affiliation to a Private University.<\/p>\n

\u00a0\u00a0\u00a0(1) A Private University may, with the approval of the National Council\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0establish any college or institution as a Constituent College of the University;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0with the approval of the institution, declare a Private Tertiary Institution as a Constituent College of the University;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0establish a branch or campus of the University in any part of Uganda.<\/p>\n

\u00a0\u00a0\u00a0(2) The provisions of subsections (2), (3), (4) and (5) of section 29 shall apply to a Constituent College under this section with such modifications as may be necessary in relation to a Private University.<\/p>\n

\u00a0\u00a0\u00a0(3) The provisions of section 71 shall apply to Tertiary Institutions wishing to affiliate with a Private University under this Act.<\/p>\n

\u00a0<\/p>\n

Part XIX
Establishment of Private Tertiary Institution.<\/p>\n

\u00a0<\/p>\n

<\/a>112.\u00a0\u00a0\u00a0Application for a provisional licence by Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) Any person, firm or organisation wishing to establish a Private Tertiary Institution shall make an application in writing, in a prescribed form to the National Council for a provisional licence to establish and operate a Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(2) An application made under subsection (1) shall be accompanied by a project proposal containing the following\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the name of the Private Tertiary Institution and the physical location;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the aims and objects for which the Private Tertiary Institution is to be established;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the membership and governance of the Private Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0sources of funding;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the academic staff and Senior Administrative staff;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the extent to which, and the form in which regulations may be made by the governing body of the Private Tertiary Institution as may be specified for the better functioning of the Institution;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0the financial control, expenditure and administrative control of other property of the Private Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0an outline of the academic programmes to be offered;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0the accessible physical facilities available including library services and equipment.<\/p>\n

\u00a0<\/p>\n

<\/a>113.\u00a0\u00a0\u00a0Provisional licence for Private Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(1) On receipt of the application for a provisional licence to establish a Private Tertiary Institution, the National Council shall scrutinise the application and verify the resources and if satisfied with the application shall issue a provisional licence.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall, as soon as practicable after issuing a provisional licence under this section, by legal notice, publish the Private Tertiary Institution in the Gazette<\/i>.<\/p>\n

\u00a0\u00a0\u00a0(3) A provisional licence shall be valid for a period of two years from the date of publication of the Institution.<\/p>\n

\u00a0<\/p>\n

<\/a>114.\u00a0\u00a0\u00a0Application for certificate of classification and registration.<\/p>\n

\u00a0\u00a0\u00a0(1) Any Tertiary Institution being a holder of a provisional licence for a period of not less than two years may apply to the National Council for a certificate of classification and registration.<\/p>\n

\u00a0\u00a0\u00a0(2) An application under this section shall be accompanied by a project proposal containing in addition to the information given in the application for provisional licence, the following\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the name of the Tertiary Institution and physical location;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the type and range of Tertiary Education proposed to be or being provided;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the programmes to be or being offered;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the staff list and their qualifications, indicating whether on full-time or part-time employment;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the total number of students that have been enrolled in each programme of instruction being offered;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0availability of library, equipment and laboratories developed for each programme offered;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0a statement of financial resources available for the exclusive use of the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0an inventory of physical facilities, including land available for the exclusive enjoyment of the Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0the form of governing of the Tertiary Institution.<\/p>\n

\u00a0<\/p>\n

<\/a>115.\u00a0\u00a0\u00a0Grant of certificate of classification and registration.<\/p>\n

\u00a0\u00a0\u00a0(1) If after a period of one year from the date of receipt of the application, the National Council is certified that a Tertiary Institution provisionally licensed is properly administered and organised and has attained the required standards of instruction, the National Council shall issue a certificate of classification and registration.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall, as soon as practicable after issuing a Certificate of Classification and registration, by legal notice publish the Certificate in the Gazette<\/i>.<\/p>\n

\u00a0<\/p>\n

<\/a>116.\u00a0\u00a0\u00a0Effect of publication of a certificate of classification.<\/p>\n

\u00a0\u00a0\u00a0On the publication of the certificate of classification and registration in the Gazette<\/i> the Tertiary Institution to which the certificate is granted shall be\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0recognised and the certificate, diplomas and other academic awards granted by the institution shall be recognised as of comparable and equivalent merit with those of other recognised private and Public Tertiary Institutions in Uganda; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and may for and in connection with its objects and functions\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0purchase, hold, mortgage and dispose of any property whether movable or immovable;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0enter into any contract or transaction as may be expedient; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0do or suffer any other act or thing as bodies corporate may lawfully do or suffer;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0be registered by the National Council.<\/p>\n

\u00a0<\/p>\n

<\/a>117.\u00a0\u00a0\u00a0Revocation of a provisional licence or certificate of classification.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council may, after satisfying itself that a Private Tertiary Institution\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0is not carrying out its functions in a proper manner;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0no longer fulfills the minimum requirements pertaining to physical infrastructure, staffing, qualifications of staff and facilities necessary for carrying out instructions in the programmes intended for the institution;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is being conducted or managed in contravention of the standards of instruction;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0has ceased to function as a Tertiary Institution; or<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0its management has become unsatisfactory,<\/p>\n

in the case of a provisionally licensed institution, extend the provisional licence for a period not exceeding one year, or revoke the licence, and in the case of a classified institution, revoke the certificate.<\/p>\n

\u00a0\u00a0\u00a0(2) The National Council shall give at least six month’s notice to the Institution of the intention to revoke a provisional licence or certificate, giving reasons for the same.<\/p>\n

\u00a0<\/p>\n

DIVISION SIX
MISCELLANEOUS PROVISIONS RELATING TO INSTITUTIONS OF HIGHER EDUCATION.<\/p>\n

\u00a0<\/p>\n

PART XX
Provisions for the regulations of institutions of higher education.<\/p>\n

\u00a0<\/p>\n

<\/a>118.\u00a0\u00a0\u00a0Operating Institution contrary to this Act an offence.<\/p>\n

\u00a0\u00a0\u00a0(1) No person shall establish and operate a University or Tertiary Institution without the relevant provisional licence, charter or certificate granted under this Act.<\/p>\n

\u00a0\u00a0\u00a0(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than 50 currency points.<\/p>\n

\u00a0\u00a0\u00a0(3) One currency point shall be equivalent to the amount specified in the Schedule to this Act.<\/p>\n

\u00a0\u00a0\u00a0(4) The Minister may, by statutory instrument after consultation with the Minister responsible for finance revise the currency point.<\/p>\n

\u00a0\u00a0\u00a0(5) For the avoidance of doubt the payment of a fine under subsection (2) shall not in itself legalise the existence of relevant institution.<\/p>\n

\u00a0<\/p>\n

<\/a>119.\u00a0\u00a0\u00a0Qualification of lecturers.<\/p>\n

\u00a0\u00a0\u00a0No University or Tertiary Institution shall employ a lecturer, instructor or other person recruited for the purpose of teaching or giving instructions to students whose qualifications do not conform to the standards set by the National Council by regulations.<\/p>\n

\u00a0<\/p>\n

<\/a>119A.\u00a0\u00a0\u00a0Accreditation of institutions and their academic and professional programmes.<\/p>\n

\u00a0\u00a0\u00a0For the avoidance of doubt, no person shall operate a University, Other Degree Awarding Institution or a Tertiary Institution, without the prior accreditation of its academic and professional programmes by the National Council for Higher Education.<\/p>\n

\u00a0<\/p>\n

<\/a>120.\u00a0\u00a0\u00a0Language of instruction.<\/p>\n

\u00a0\u00a0\u00a0The language of instruction in Universities or Tertiary Institutions shall be the official language of Uganda but any other language may be used as a medium of instruction in accordance with clause (2) of article 6 of the Constitution.<\/p>\n

\u00a0<\/p>\n

<\/a>121.\u00a0\u00a0\u00a0Admission and assessment to be on merit.<\/p>\n

\u00a0\u00a0\u00a0Subject to clause (1) of article 32 of the Constitution, and section 28 of this Act, Universities or Tertiary Institutions shall admit, train and assess students on merit.<\/p>\n

\u00a0<\/p>\n

<\/a>122.\u00a0\u00a0\u00a0Change of name of institution.<\/p>\n

\u00a0\u00a0\u00a0(1) Any University or Tertiary Institution wishing to change its name or part of its name shall do so by application in writing to the National Council which shall by general notice publish the application in the Gazette<\/i> and in a widely circulated newspaper inviting any body having any objection to the change to present the objection to the National Council within 30 days from the date of publication.<\/p>\n

\u00a0\u00a0\u00a0(2) If after the period of thirty days referred to in subsection (1) no objection is received by the National Council\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the application shall be granted by the Minister, in the case of a Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in the case of a University, the application shall be forwarded to the President through the Minister, who shall grant the application.<\/p>\n

\u00a0<\/p>\n

<\/a>123.\u00a0\u00a0\u00a0Institutional standards.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall, by regulations set institutional standards governing the performance, operations and general conduct of Universities and Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a0(2) Without prejudice to the generality of subsection (1) the National Council may set\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the minimum entry requirements for admission to any certificate, diploma or degree programmes of any University or Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the minimum number and duration of programmes for certificate, diploma or degree levels to be offered by Universities or Tertiary Institutions;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the minimum and maximum number of students which must be enrolled in each programme before the University or Tertiary Institution can be registered;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the standards of proficiency assessed in terms of content and contact hours, which students are expected to attain in respect of a certificate, diploma, or degree programme;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the qualifications of lecturers, instructors and other persons involved in teaching or giving instructions at University or Tertiary Institutions;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0detailed specifications concerning the space requirements and concomitant services for each class size and for the absolute number of students expected to be enrolled in, or activity to be carried out in an institution providing University or Tertiary Institution and other services;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0the basic ethical standards regulating the conduct of all members of the University or Tertiary Institution; and<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0any other provision that the National Council may consider necessary for setting a good standard in the Universities or Tertiary Institutions, including standards for equating institutions outside Uganda to those in Uganda.<\/p>\n

\u00a0<\/p>\n

<\/a>124.\u00a0\u00a0\u00a0Classification of Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a0(1) The National Council shall adopt a system of classification of Tertiary Institutions according to the type of tertiary education being provided or programmes being offered by the institution and all Tertiary Institutions whether private or public shall be registered according to their classification.<\/p>\n

\u00a0\u00a0\u00a0(2) The classification made under subsection (1) may be amended and where amended the Register shall be amended accordingly.<\/p>\n

\u00a0<\/p>\n

<\/a>125.\u00a0\u00a0\u00a0Registers of Universities and Tertiary Institutions.<\/p>\n

\u00a0\u00a0\u00a0The National Council shall maintain or cause to be maintained\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a register of all Universities established under this Act in a prescribed form;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a register for all registered Tertiary Institutions established under this Act in the prescribed form which shall be kept by the National Council for Higher Education having a separate register for the separate Classifications.<\/p>\n

\u00a0<\/p>\n

<\/a>126.\u00a0\u00a0\u00a0Annual report.<\/p>\n

\u00a0\u00a0\u00a0Every University or Tertiary Institution shall submit an annual report to the National Council and the Minister in a prescribed form, setting out the activities of the institution in that year and its achievement towards its objectives and the set institutional standards.<\/p>\n

\u00a0<\/p>\n

<\/a>127.\u00a0\u00a0\u00a0Teaching to include practical solutions.<\/p>\n

\u00a0\u00a0\u00a0A University shall endeavour to include in its teaching and research programmes, solutions to social and economic problems in the community.<\/p>\n

\u00a0<\/p>\n

<\/a>128.\u00a0\u00a0\u00a0Regulations.<\/p>\n

\u00a0\u00a0\u00a0The National Council may, with the approval of the Minister make regulations generally for the better carrying into effect the provisions of this Act including the fixing of the minimum fees to be paid for the services of the National Council and prescribing anything to be prescribed under this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>129.\u00a0\u00a0\u00a0Rights of appeal.<\/p>\n

\u00a0\u00a0\u00a0Any person or institution aggrieved by an act or decision of the National Council under this Act may appeal to the High Court within thirty days from the date of the decision or act.<\/p>\n

\u00a0<\/p>\n

Part XXI
Transitional provisions.<\/p>\n

\u00a0<\/p>\n

<\/a>130.\u00a0\u00a0\u00a0General repeal, Statute No. 8 of 1990, Statute No. 14 of 1998.<\/p>\n

\u00a0\u00a0\u00a0(1) For the avoidance of doubt any Act or other law establishing a University or Tertiary Institution other than the law establishing the Islamic University in Uganda is repealed.<\/p>\n

\u00a0\u00a0\u00a0(2) Notwithstanding subsection (1) any regulations, statutes, actions, appointments or programmes made under any Act or other law repealed under subsection (1) shall continue in force as if it were made under this Act until revoked, replaced or expires under this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>131.\u00a0\u00a0\u00a0Existing institutions.<\/p>\n

\u00a0\u00a0\u00a0(1) A University or Tertiary Institution operating before the commencement of this Act shall\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0where it was established by law, apply for a Charter or Certificate of Classification within 12 months from the date of commencement;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0where it was operating under a valid provisional licence, continue to operate under that licence and shall apply for a Charter or Certificate of Classification at the appropriate time as is provided under this Act;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0where it was operating without a valid provisional licence, apply for a provisional licence within 12 months from the date of commencement.<\/p>\n

\u00a0\u00a0\u00a0(2) Where, at the commencement of this Act, a University or Tertiary Institution had a valid provisional licence, but had not started operating, the licence shall expire and the University or Tertiary Institution shall be required to apply for a provisional licence under this Act.<\/p>\n

\u00a0\u00a0\u00a0(3) The National Council shall, after the period of 12 months or such other period referred to under subsection (1), prepare and publish by legal notice in the Gazette<\/i> the registers of all Universities and Tertiary Institutions registered and recognised at the time.<\/p>\n

\u00a0\u00a0\u00a0(4) After the publication of the Universities and Tertiary Institutions under subsection (2) a University or Tertiary Institution which does not appear in those registers shall not without the authority of the National Council under this Act\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0advertise or continue to advertise or in any manner hold itself out to the public as a University or Tertiary Institution;<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0admit or continue to admit students to courses or programmes or conduct courses or programme leading to awards of certificates, diplomas or degrees; or<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0establish or operate a University or Tertiary Institution.<\/p>\n

\u00a0\u00a0\u00a0(5) Notwithstanding the provisions of this Act, the Islamic University in Uganda shall be recognised and registered by the National Council and its awards shall be subject to the equating and relevant regulations made by the National Council, but shall operate in accordance with the provisions of the Islamic University in Uganda Statute, 1990.<\/p>\n

\u00a0\u00a0\u00a0(6) The provisions of subsections (2) and (3) relating to the registration, recognition and operation of a University or Tertiary Institution under this Act shall not affect the validity or other status of any certificate, diploma, degree or other academic award granted by the University or Tertiary Institution in question before the commencement of this Act.<\/p>\n

\u00a0\u00a0\u00a0(7) …<\/p>\n

\u00a0<\/p>\n

<\/a>132.\u00a0\u00a0\u00a0Makerere University Business School.<\/p>\n

\u00a0\u00a0\u00a0(1) At the commencement of this Act, Makerere University Business School shall be deemed to have been affiliated to Makerere University and shall assume the status of an affiliated Public Tertiary Institute under this Act.<\/p>\n

\u00a0\u00a0\u00a0(2) At the commencement of this Act all assets and property acquired by Makerere University under Makerere University (Establishment of Constituent College) Order, 1997, shall vest in the Business School without further assurance, subject to all interests, liabilities, charges, obligations and trusts affecting that property.<\/p>\n

\u00a0\u00a0\u00a0(3) All contracts, debts, engagements and liabilities of Makerere University attributable to Makerere University Business School immediately before the commencement of this Act shall vest in the Business School.<\/p>\n

\u00a0\u00a0\u00a0(4) The School shall conduct courses leading to the award of degrees, diplomas and certificates by Makerere University under standards provided by the Act and Statutes and regulations made under the Act or as may be agreed upon by the School and Makerere University and shall in connection with the awards, jointly conduct examinations leading to the awards, with Makerere University.<\/p>\n

\u00a0\u00a0\u00a0(4A) Notwithstanding any provision of this Act or any other written law\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0Makerere University Business School shall be represented directly in the Senate of Makerere University and the Makerere University Council shall be informed of the Senate’s decisions relating to Makerere University Business School; and<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0for as long as Makerere University Business School remains affiliated to Makerere University, Makerere University shall be represented on the Governing Council and Academic Board of Makerere University Business School.<\/p>\n

\u00a0\u00a0\u00a0(5) In addition to the functions of a Public Tertiary Institution under section 76, Makerere University Business School may\u2014<\/p>\n

\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0provide instructions to those admitted to the School and make provision for advancement, transmission and preservation of knowledge relating to commerce or business\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0undergraduate, postgraduate, higher diploma and ordinary diploma courses;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0professional courses, including but not limited to Chartered Accountants, Chartered Secretaries, Bankers, Insurance personnel, managers and other professionals;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0short term professional courses.<\/p>\n

\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0create and offer opportunities to persons interested in courses offered through distant education methodologies from relevant commercial or business training institutions outside Uganda;<\/p>\n

\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0conduct examinations for the award of degrees, diplomas, certificates and other awards of the University;<\/p>\n

\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0conduct other examinations and award certificates and diplomas and where necessary to revoke awards;<\/p>\n

\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0coordinate and supervise all Uganda government funded colleges of commerce with an objective of developing curricula and achieving high standards of business education;<\/p>\n

\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0act as examining body for such colleges and privately run colleges which may seek affiliation to the School for such diplomas and certificates;<\/p>\n

\u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0conduct or facilitate the conducting of research on any issue relating to the commercial or business sector;<\/p>\n

\u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0facilitate staff development through the provision of upgrading courses and short term continuing education;<\/p>\n

\u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0establish linkages and joint programmes with other institutions offering similar courses within and outside Uganda; and<\/p>\n

\u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0carry on any other thing relating to the enhancement of standards in the commercial and business sector as the Minister may direct.<\/p>\n

\u00a0\u00a0\u00a0(6) The National Council shall ensure that the Business School is established fully as a Tertiary Institution under this Act.<\/p>\n

\u00a0<\/p>\n

<\/a>Schedule.<\/i><\/p>\n

s. 118.<\/p>\n

\u00a0\u00a0\u00a0One currency point is equivalent to twenty thousand Uganda Shillings.<\/p>\n\n\n\n\n\n\n\n\n
\n

History<\/i><\/b><\/p>\n<\/td>\n<\/tr>\n

\n

Legislation<\/i><\/p>\n<\/td>\n

\n

Number<\/p>\n<\/td>\n<\/tr>\n

Act<\/td>\n7\/2001<\/td>\n<\/tr>\n
Act<\/td>\n7\/2003<\/td>\n<\/tr>\n
Act<\/td>\n3\/2006<\/td>\n<\/tr>\n
S.I.<\/td>\n19\/2006<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Cross References<\/p>\n

Institute of Teacher Education Kyambogo Statute, 1993<\/p>\n

Islamic University in Uganda Statute, Statute 8 of 1990<\/p>\n

Makerere University Act, 1970<\/p>\n

Mbarara University of Science and Technology Statute, 1989<\/p>\n

Uganda National Institute of Special Education Act, Statute 14 of 1998.<\/p>\n

Uganda Management Institute Statute, 1992<\/p>\n

[Ed. Note: <\/b><\/p>\n

1.<\/b>\u00a0\u00a0\u00a0Transitional provisions according to Act 7 of 2003:<\/p>\n

\u00a0\u00a0\u00a03\u00a0\u00a0\u00a0The Institute of Teacher Education, Kyambogo, the Uganda National lnstitute of Special Education and the Uganda Polytechnic, Kyambogo shall be merged into one University to be known as the Kyambogo University which shall be established by the Minister by statutory instrument<\/p>\n

\u00a0\u00a0\u00a04(1)\u00a0\u00a0\u00a0Upon the establishment of the Kyambogo University by virtue of section 3 of this Act, the following provisions shall have effect\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0any regulations or statutes made or continued in force in respect of the Institute of Teacher Education, Kyambogo shall continue in force until revoked under the principal Act or until replaced by new ones under the principal Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0any acts, appointments or programmes made or started under the Statute referred to in subsection (1) of section 73 of the principal Act and continued in existence under subsection (3) of section 73 of the principal Act in respect of the institute referred to in paragraph (a<\/i>) of this subsection, and also any acts, appointments or programmes made or started or continued under the principal Act in respect of the Kyambogo University established by virtue of section 3 of this Act or until they expire;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0all assets and property vested in the Makerere Univeristy Council in respect of the institute referred to in paragraph (a<\/i>) of this subsection shall vest in the University Council of the Kyambogo University established by virtue of section 3 of this Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0all liabilities, court actions or contracts incurred or enforceable by or against the Makerere University Council in respect of the institute referred to in paragraph (a<\/i>) of this subsection shall be enforceable by or against the University Council of the Kyambogo University established by virtue of section 3 of this Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0all programmes and courses offered by Makerere University in respect of Kyambogo University shall continue as programmes and courses of Kyambogo University established by virtue of section 3 of this Act; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0all students of the Makerere University in respect of the institute referred to in paragraph (a<\/i>) of this subsection shall continue to be students of the Kyambogo University established by virtue of section 3 of this Act.<\/p>\n

\u00a0\u00a0\u00a0(2)\u00a0\u00a0\u00a0Section 73 and section 74 of the principal Act shall have effect with such modifications as may be necessary to give effect to the provisions of this section.<\/p>\n

\u00a0\u00a0\u00a05(1)\u00a0\u00a0\u00a0Upon the establishment of the Kyambogo University by virtue of section 3 of this Act, the Uganda National Institute of Special Education Act, 1998 shall be deemed to be repealed.<\/p>\n

\u00a0\u00a0\u00a0(2)\u00a0\u00a0\u00a0Upon the corning into force of the repeal effected by subsection (1) of this section the following provisions shall have effect\u2014<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0any regulations and statutes made under the Uganda National institute of Special Education Act, 1998 shall continue in force as if made under the principal Act until revoked or replaced under the principal Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0any acts, appointments or programmes made or started under the Act repealed by subsection (1) of this section shall continue in existence as if made under the principal Act or until they expire;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0all assets and property vested in the Uganda National Institute of Special Education under the Act repealed by subsection (1) of this section shall vest in the University Council of the Kyambogo University established by virtue of section 3 of this Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0all liabilities, court actions or contracts made or enforceable by or against the institute referred to in paragraph (d<\/i>) of this subsection shall be enforceable by or against the Kyambogo University established by virtue of section 3 of this Act;<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0all employees and staff of the institute referred to in paragraph (d<\/i>) of this subsection shall be deemed to have been engaged under the principal Act by the Kyambogo University established by virtue of section 3 of this Act until removed under the principal Act; and<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0all students of the institute referred to in paragraph (d<\/i>) of this subsection who were admitted under the Act repealed by subsection (1), shall continue to be students of the Kyambogo University established by virtue of section 3 of this Act.<\/p>\n

\u00a0\u00a0\u00a06(1)\u00a0\u00a0\u00a0Upon the establishment of the Kyambogo University by virtue of section 3 of this Act all rights, property, liability and obligations and contracts existing or held by or in respect of or subsisting against the Uganda Polytechnic Kyambogo shall continue to exist or be held by or in respect of or to subsist against the Kyambogo University established by virtue of section 3 of this Act.<\/p>\n

\u00a0\u00a0\u00a0(2)\u00a0\u00a0\u00a0Subject to section 51(1) of the principal Act, all qualifying academic and other members of staff of Uganda Polytechnic Kyambogo before the commencement of this Act shall be transferred to Kyambogo University and their terms and conditions of service shall, on transfer, be those offered by the University to the respective grades of staff.<\/p>\n

\u00a0\u00a0\u00a0(3)\u00a0\u00a0\u00a0All other members of staff who may not have the academic qualifications at the commencement of this Act but who may wish to upgrade their qualification and be retained in the service of Kyambogo University shall be given a period of grace to upgrade their qualifications.<\/p>\n

\u00a0\u00a0\u00a0(4)\u00a0\u00a0\u00a0All other members of staff who may not take the offer to upgrade their qualifications shall be transferred to the Ministry responsible for education or paid retirement benefits.<\/p>\n

\u00a0\u00a0\u00a0(5)\u00a0\u00a0\u00a0Retirement benefits for those employees who may not be transferred to the University or the Ministry shall be those determined by the Minister responsible for Public Service in accordance with the relevant law relating to the retirement benefits for the Public Service.<\/p>\n

\u00a0\u00a0\u00a0(6)\u00a0\u00a0\u00a0All students of Uganda Polytechnic Kyambogo shall continue to be students of the Kyambogo University established by virtue of section 3 of this Act.<\/p>\n

2.<\/b>\u00a0\u00a0\u00a0The provisions of section 31, 32, 33, 34, 35, 36, 37, 38, 44(1), 50 and 59 in the case of Uganda Management Institute shall be construed as one with SI 22 of 2006.]<\/p>\n

{\/mprestriction}<\/p>\n

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ARRANGEMENT OF SECTIONS. \u00a0\u00a0\u00a0Section DIVISION ONEPRELIMINARY PROVISION. 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