CHAPTER
48
COLLEGE OF THE BAHAMAS |
ARRANGEMENT OF
SECTIONS |
SECTION |
PART I
PRELIMINARY |
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PART II
ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE |
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PART III
GOVERNANCE OF THE COLLEGE |
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Establishment of Council. |
Pension of persons transferred from public
service to the College. |
Minister may give directions to Council. |
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PART IV
FINANCIAL PROVISIONS |
Funds and resources of the College. |
Monies deposited to General Account. |
Expenditure of gifts and grants. |
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Balancing of revenue account, and surplus
revenue. |
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SCHEDULE - Constitution and Procedure of The Council. |
CHAPTER 48 |
COLLEGE OF THE
BAHAMAS |
An Act to
repeal the College of The Bahamas Act while providing for the continuity of the
College as a statutory body corporate with greater autonomy and for matters
incidental thereto. | 15 of 1995 |
[Assent 21st June,
1995]
[Commencement 30th June, 1995] |
PART I
PRELIMINARY |
1. This Act may be cited as the College of The Bahamas
Act, 1995. | Short title. |
2. In this Act- | Interpretation. |
"Chairman"
means the Chairman of the Council appointed by the Governor-General under this
Act; |
"College"
means the College of The Bahamas established by section 3; |
"Council"
means the Council of the College established by section 8; |
"financial
year" means- |
(a) in 1995,
the period commencing on the date of the commencement of this Act and ending on
the 31st day of August, 1995; and |
(b) thereafter,
the period of twelve months ending on the 31st day of August; |
"Minister"
means the Minister responsible for Education; |
"President"
means the President of the College appointed under section 6; |
"public
officer" has the meaning assigned thereto in the Pensions Act; |
"Secretary"
means the Secretary of the College appointed by the Council under this Act; and |
"Vice-President"
means a Vice-President of the College appointed under section 7. |
PART II
ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE |
3. The educational institution known as and existing as
the College of The Bahamas immediately before the coming into operation of this
Act is hereby continued as a body corporate by that name with perpetual
succession and a common seal, and shall, in that name, be capable of- | College of The Bahamas. |
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(b) taking,
purchasing or otherwise acquiring, holding, charging and disposing of property,
movable or immovable; and |
(c) doing or
performing all such other things or acts for the performance of its functions
under, and for the furtherance of this Act which may lawfully be done or
performed by a body corporate. |
4. (1) The common seal of the College shall be kept in
such custody as the Council directs and shall not be used except upon the order
of the Council. | Common seal of College. |
(2) The common
seal of the College shall be authenticated by the signatures of the Chairman of
the Council or any other member of the Council duly authorised by the Council
in that behalf, and of the Secretary. |
(3) The common
seal of the College when affixed to any document and duly authenticated under
this section shall be judicially and officially noticed, and, unless and until
the contrary is proved, any necessary order or authorisation of the Council
under this section shall be presumed to have been duly given. |
5. The functions of the College shall be- | Functions of College. |
(a) to provide
instruction, conduct research and disseminate knowledge of a standard required
and expected of a college of the highest standard in the Liberal and Creative
Arts, the Sciences, Technology and other branches of learning in an environment
which fosters academic freedom; |
(b) to confer
degrees and grant diplomas, certificates and other awards and honours as are
usually conferred by similar institutions; and |
(c) to enter in
any association or affiliation with universities, colleges or other
institutions of learning, whether within The Bahamas or otherwise, as the
College may deem necessary and appropriate. |
PART III
GOVERNANCE OF THE COLLEGE |
6. (1) There shall be a President of the College who
shall be appointed by the Council, with the prior approval of the Minister. | President. |
(2) The President
shall be the head of the College and shall generally supervise and direct the
academic work of the College, the academic and administrative staff and other
staff of the College, and shall also perform such other functions as may from
time to time be assigned to him by the Council. |
(3) The Council
may, with the prior approval of the Minister, remove the President from office
on the ground of misconduct, inefficiency or other good cause. |
7. (1) There shall be an Executive Vice-President of the
College, a Vice-President for Financial Affairs and such other Vice Presidents
as the Council may determine, such Vice-Presidents shall be appointed by the
Council. | Vice-Presidents. |
(2) The
Vice-Presidents shall, under the direction of the President, be responsible for
the general administration of the College, including academic affairs;
financial affairs and institutional development of the College, and such other
duties as may be assigned to the Vice Presidents by the President or the
Council. |
(3) Whenever the
President is absent from The Bahamas or is for any reason unable to perform the
functions of his office, or whenever there is a vacancy in the office of
President, the Executive Vice-President shall exercise and perform the
functions of the President. |
8. (1) There shall be a Council of the College. | Establishment of Council. |
(2) The general
direction and control of the College shall be vested in the Council. |
(3) Without
prejudice to the generality of subsection (2), the Council shall have power- |
(a) to provide
for the welfare of the students of the College; |
(b) to control
and superintend the property and policies of the College; |
(c) to appoint
such faculty, administrative and other staff as appears to the Council to be
necessary, on such terms and conditions (including salaries, allowances, other
remuneration and disciplinary control) as the Council may determine; |
(d) to accept,
deposit, or act as trustees or managers of, any property of the College or any
legacy, endowment, bequest or gift to the College for purposes of education or
research or otherwise in furtherance of the work of the College and to invest
any funds representing such property, legacy, endowment, bequest or gift, if
not immediately required in such security as the Council may deem fit; |
(e) to
determine the programmes and courses of study to be pursued in the College; |
(f) to confer
academic degrees and honours; |
(g) to grant
sabbatical and other leave; |
(h) to fix fees
and charges for courses of study, facilities and other services provided by the
College and to reduce, waive or refund fees and charges so fixed, generally or
in any particular case or class of case; and |
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(i) to
direct and regulate the administration of the College; |
(ii) without
prejudice to the generality of subparagraph (i), to direct and regulate the
conduct; discipline and such other matters affecting the employment of members
of the faculty and other staff; |
(iii) for
the better carrying out of the provisions of this Act. |
(4) The
Schedule shall have effect with respect to the constitution of the Council and
otherwise in relation thereto. |
9. (1) Where any public officer holding a pensionable
office under the Government, ceases to be the holder of such office by reason
of his transfer with his consent to the service of the College and such person
subsequently retires from the service of the College in such circumstances
that, had he remained a public officer, he would have been eligible for pension
under the
Pensions Act, then in any such case subsections (2) and (3) of this section
shall have effect. | Pension of persons transferred from public service to
the College. |
(2) Any pension
payable to any such person as is mentioned in subsection (1) by the College to
whose service he has been transferred shall be calculated and granted to him in
respect of his total service under the Government and with the College taken
together and such service shall be reckoned as continuous for pension purposes. |
(3) There shall be
payable out of the Consolidated Fund upon the warrant of the Minister of
Finance to the College as a contribution to every pension paid in accordance
with subsection (2), such amounts as would have been payable to the person
concerned by way of pension under the Pensions Act, if such person had
retired from the public service and if he had been granted a pension under the
Pensions Act upon the date of his ceasing to be a public officer. |
10. The Minister may give general directions as to the
policy to be followed by the Council concerning the administration of the
College, as appear to the Minister to be requisite in the public interest, and
which directions the Council shall give effect to, but such directions shall
not apply to- | Minister may give directions to Council. |
(a) the
appointment, termination of appointment, promotion or discipline of any member
of the faculty, administration or other staff of the College, other than the
President; and |
(b) the admission
of any particular student to the College or the evaluation, discipline,
academic promotion, certification, or awards to students of the College. |
11. The President may exercise disciplinary control
over students of the College and may, for the purposes of his power under this
section, if he thinks fit, consult any committee appointed by him in that
behalf from among the faculty and the students of the College. | Discipline of students. |
PART IV
FINANCIAL PROVISIONS |
12. The funds and resources of the College shall
consist of- | Funds and resources of the College. |
(a) such sums
as may be voted for the purposes of the College by Parliament; |
(b) all fees
and charges payable to the College pursuant to section 8(3)(h); |
(c) all other
sums or property which may in any manner become payable to or vested in the
College in respect of any matter incidental to its functions. |
13. (1) All moneys received by the College pursuant to
section 12(a), (b) and (c) shall be deposited into an account (to be known as
"the General Account") to be maintained by the College with such bank
or banks as the Council may determine. | Monies deposited to General Account. |
(2) The
Vice-President for Financial Affairs shall keep in respect of the General
Account, two separate accounts- |
(a) an account
to be known as "the General Current Account" in which shall be
recorded all deposits into and withdrawals from the General Account for
application towards defraying current expenditure; and |
(b) an account
to be known as "the General Capital Account", in which shall be
recorded all deposits into and withdrawals from the General Account for
application towards defraying capital expenditure. |
14. (1) Subject to subsection (2), where any gift,
grant or other property is received by the Council on behalf of the College,
the College shall inform the Minister of the receipt of that gift, grant or
other property and that gift, grant or other property shall be utilised in such
manner as the Council may determine. | Expenditure of gifts and grants. |
(2) Where a
stipulation has been attached to any such gift, grant or other property such
stipulation shall be given effect. |
15. (1) Subject to subsection (2), the Minister of
Finance may, at the request of the Council make advances for the purpose of
enabling the College to defray expenditure properly chargeable to the capital
account, including provision of working capital. | Advances to the College. |
(2) No advance
shall be made under this section unless prior approval thereof has been
signified by the House of Assembly in accordance with section 17 of the
Financial Administration and Audit Act. |
16. At the end of each financial year, any moneys
standing to the credit of the College and not required for any current purpose
shall, after consultation with the Minister of Finance, be carried to the
reserve fund established under section 17. | Surplus funds. |
17. (1) The College shall establish a reserve fund. | Reserve Fund. |
(2) The management
of the said fund, the sums to be carried from time to time to the credit
thereof, and the application thereof, shall be as the Council may determine,
but no part of the fund shall be applied otherwise than for the purposes of the
College. |
18. (1) It shall be the duty of the College so to
discharge its functions as to ensure that its revenues are not less than
sufficient to meet all sums properly chargeable to its revenue account
(including, without prejudice to the generality of that expression, provisions
in respect of its obligations under section 16 and this section) taking one
year with another. | Balancing of revenue account, and surplus revenue. |
(2) Any excess of
the revenue of the College for any financial year over the sums properly
chargeable to its revenue account for that year (including the provisions
referred to in subsection (1)) shall be applied by the College for such
purposes as the Council may determine. |
(3) The College
shall prepare for each new financial year an annual budget of revenue and
expenditure which shall be submitted at least two months prior to first day of
July. |
19. (1) The College shall keep proper accounts and
other records in relation thereto, and shall prepare in respect of each
financial year a statement of accounts. | Accounts and audit. |
(2) The accounts
of the College for each financial year shall be audited by an auditor to be
appointed by the Council. |
(3) Three months
after the end of each financial year the College shall submit a copy of the
audited accounts to the Minister together with a copy of any report made by the
auditor. |
(4) The Minister
shall lay a copy of every such audited accounts before each House of
Parliament, together with a copy of any report made by the auditors on the
accounts. |
SCHEDULE |
CONSTITUTION AND
PROCEDURE OF THE COUNCIL |
1. (1) The
Council shall consist of eleven members appointed by the Governor-General of
whom- | Constitution of College. |
(a) one shall
be the President ex-officio; |
(b) two shall
be public officers, one of whom may be an officer from the Ministry of
Education; |
(c) one shall
be a student of the College selected in accordance with such procedure as may
be determined by the student government body; |
(d) one shall
be a faculty member of the College, selected in accordance with such procedure
as may be determined by the faculty union; |
(e) one shall
be the President of the Alumni Association of the College; and |
(f) five shall
be persons representing Trade Unions, financial, industrial, commercial, or
other institutions and professional organizations and members of the general
public. |
(2) In the
exercise of his powers of appointment under this paragraph the Governor-General
shall ensure that, after the initial constitution of the Council, the members
of the Council shall not consist entirely of persons appointed to membership of
the Council at the same time. |
2. A member
of the Council other than the President shall hold office for a period not
exceeding three years, and shall not be eligible for re-appointment after two
consecutive terms. | Tenure of office. |
3. The
Governor-General shall appoint one of the members of the Council to be the
Chairman thereof. | Chairman. |
4. Any
member of the Council may at any time resign his office by instrument in
writing addressed to the Governor-General and from the date of receipt by the
Governor-General of such instrument such member shall cease to be a member of
the Council. | Resignation. |
5. There
shall be a Secretary of the Council who shall be appointed by the Council, and
who shall perform such functions at such remuneration and upon such terms and
conditions as the Council may determine. | Appointment of Secretary. |
6. Where
the Governor-General is satisfied that a member of the Council- | Dismissal. |
(a) has been
absent from meetings longer than three consecutive months without the
permission of the Council; |
(b) has become
bankrupt or made arrangements with his creditors; |
(c) is
incapacitated by physical or mental illness; or |
(d) is
otherwise unable or unfit to discharge the functions of a member of the
Council, |
the
Governor-General may declare his office as a member of the Council to be vacant
and shall notify the fact in such manner as the Governor-General thinks fit,
and thereupon that office shall become vacant. |
7. (1) If
any vacancy occurs in the membership of the Council, such vacancy, shall be
filled by the appointment of another member who shall, subject to the
provisions of this Schedule, hold office for the remainder of the period for
which the previous member was appointed, so however, that such appointment
shall be made in the same manner and from the same category of persons, if any,
as the appointment of the previous member. | Vacancies and acting appointment. |
(2) If the
Governor-General is satisfied that the Chairman or any other member of the
Council is unable to act, the Governor-General shall appoint any person to act
in his place. |
8. The
names of all members of the Council as first constituted and every change in
the membership thereof shall be published in the Gazette. | Gazetting of appointments. |
9. All
documents, other than those required to be under seal, made by, and all
decisions of, the Council may be signified under the hands of the Chairman, or
any other member authorised to act in that behalf, and the Secretary. | Documents. |
10. (1) The
Council shall meet at least once each month and at such other times as may be
necessary or expedient for transaction of its business and such meetings shall
be held at such places and times and on such days as the Council may determine. | Procedures and meetings. |
(2) The Chairman
shall preside at all meetings of the Council at which he is present and, in the
case of the Chairman's absence from any meeting, the members present and
constituting a quorum shall elect a Chairman from among their member to preside
at that meeting. |
(3) A quorum of
the Council shall be the minimum number constituting a majority of the total
number of the Council. |
(4) The decisions
of the Council shall be by a majority of votes and, in addition to an original
vote the Chairman or other person presiding at a meeting shall have a casting
vote in any case in which the voting is equal. |
(5) Minutes in
proper form of each meeting of the Council shall be kept by the Secretary and a
copy of the minutes of every meeting shall be submitted to the Minister within
fourteen days after the meeting. |
11. The
council shall submit to the Minister an annual report on the work of the
College on or before the 31st day of December in each year. | Annual report. |
12. No
member of the Council shall be personally liable for any act or default of the
Council done or omitted to be done in good faith in the course of the operation
of the College. | Council members not liable. |