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College of The Bahamas Act, 1974
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Universities and colleges -- Bahamas -- Law and legislation
Education, Higher -- Bahamas -- Law and legislation
legislation ( marcgt )
federal government publication ( marcgt )


Am Act to provide for the establishment of an educational institution to be known as the College of The Bahamas and for the government control and administration thereof, and or matters connected therewith and incidental thereto, 30th October 1974, Commencement 19th December 1974.

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University of The Bahamas
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University of The Bahamas
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LE13 B27 A2 1974 ( lcc )


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552 CH.37. 1 CO LLEGE OF THE B AHAMAS. CHAPTER 37. COLLEGE OF THE BAHAMAS. ARRANGEMENT OF SECTIONS. SECTION I. S110RT TITLl. 2. I NTFRPR ITATIO,. P\RT I P RELIM INARY. P ART II. EST ABLIS HMENT AND FU CTIONS OF TllE COLI FGE. 3 E sTA ll LlSllME" T m CoLLrGE. 4 COM\10N Sr:AL OJ-COLLE<..L 5. Ft:NCTIO'. 1 4 M Er:TINGS 0 1 Tiff B oARI> 15. D 1sc1 ru'IE m 5n u1.'1TS. p ,_RT IV. F INA '.JCIAL PROVIS IONS. 16. FuNns AND Rrsm Rns 01 Till Cou.wr 17. E xrrNsrs PAYAllLl cwT 01 T H r Co'1SOL11> \T1:D Fl'"\D 18. P o wi:R 01 M1..;1sn R TO CoNTROL ExPrNnlTL'Rf. 19 Co..;TROL or ExPr:N1>1 fUR I m Gins O F MoNn. 20. P r'IS I O N S A 'ID G R ATUIT IES. 2 1 TRANSFrR OJ Cf RTAI'< P ROP! Rn TO T H I COLLEGE SCH E DULE.


COLLEGE OF THE BAHAMAS. ICH.37. CHAPTER 37. COLLEGE OF THE BAHAMAS. A "I ACT fO PROVIDE FOR THE EST ABLISTIMENT OF AN EDU CA TIONA L INSTITUTION TO BE KNOWN AS THE COLLEGF OF TllE BAHAMAS AND FOR TIIE GOYERN\llENT CONTROL Al\IL> ADMINISTRATION THEREOF: AND 1--0R 'vtATTfRS CONNECTT:D THEREWITH AND 11\IC IDE -TAL THFRFTO. [301'1 October 1974.] [Commencement 19th D ecember 1974.] PART I. PRELIMINARY. 553 23 of 1974. S.I. No. 915 of 1974. 3 of" 1983. 1. This Act may be cited as the College of The Short title. Bahamas Act. 2. In thi s Act, unless the context otherwi se Interpretation. require s Board" means the Academic Board of the College established by section 1 2; "College" means the College of The Bahamas estab lished by section 3; "Council" means the Council of the College of The Bahamas established b y sec tion 8; "financial year" mcans (a) in 1 974, the period commencing on the date of the commencement of this Act and end ing on the 31st day of December, 1 974; and (b) thereafter, the period of twelve months ending on the 3 1st day of December; "functions" includes powers and duties; "Government" means the Government of T he Bahamas; "Minister" means the Minister responsib l e for Education; "Principal" means the Principal of the College appointed under sec tion 6; "public officer'' shall have the meaning assigned Ch. 35. therto in the Pen s ion s Act; "Registrar mean s the Regi strar of the College appointed under sec tion 7.


554 CH.37.J COLLEGE OF THE BAHAMAS. PART II. ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE. E s tabli shme nt o f 3. (1) There shall be established an ed ucational College. institution known as The College of The Bahamas. Commo n sea l o f College Fun ctio n s o f College ( 2) The College shall be a body corporate by the name of the College of The Bahamas with perpetual succession a nd a common sea l and s h all, in that name, be capable of(a) suing and being sued ; (b) taking, purchasing or otherwise acquiring holding, charging and disposing of property, mov able 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 the provisions 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 cu s tody as the Council directs and shall not be used except upon the order of the Council. (2) The common seal of the College shall be authenticated by the signature s of the Chairman of the Council or any other member of the Council duly a uthori se d by the Council in that behalf, and of the Registrar. (3) The common seal of the College when affixed to any document and duly authenticated under t hi s sec tion shall be judicially and officially noticed and, unles s a nd until the contrary is proved, any necessary order or authorisation of the Counci l under this sec tion s hall be presumed to have been duly given. 5. The functions of the College shall be ( a) to provide a place of education, l ea rning and research of a standard required a nd expected of a college of the highest s tandard; (b) t o secure the advancement of knowledge; (c) to grnnt diplomas, cer tific ates and other awards; (d) to enter in any association or affiliation with universities colleges or other institutions of learning, whether with in The Bahamas or otherwise, as the College may deem necessary and appropriate. ... ..


COLLEGE OF THE BAHMvtAS. (CH.37. PART III. GOVERNMENT OF THE COLLEGE. 6. ( I) There s hall be a Principal o f the College who shall be appointed by the Council, with the prior approval in writing of the Minis ter. (2) The Principal shall be the head o f 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. He shall also perform such other functions as may from time to time be assigned to him by the Council. (3) The Principal may, with the prior approval of the Minister, be removed from office on the ground of misconduct, inefficiency or other good cause. (4) Whenever the Principal is absent from The Bahamas or is for any reason unable t o perform the functions of his office, the Council may appoint a person to act as Principal during such absence or inability. 7.( I) There shall be a Registrar of the College who shall be appointed by the Council and who shall, under the direction of the Principal, be responsible for the administration of the College, including the administration of funds and other assets of the College. (2) The Registrar shall be the Secretary to the Council and the Board. 8. ( 1) There shall be a Council of the College (2) The government, control and administration 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 policy of the College; (c) to appoint such academic, administrative and other staff as appears to the Council to be necessary, on such terms and conditions (including salaries, allowances, other remuneration and discip linary control) as the Council may determine; (d) to receive on behalf of the College, donations, grants or other money; 5 5 5 Pr i n c ipal. Regis trar dire c t I > res pon sible t o the Prin c ipal. E s tabli shme nt of Coun c il.


556 3 of N83, s.:!. Schedule Pension of p e r sons transferred from the publi c serv i ce to the College. Ch. 35 Ch. 15 Coun cil t o he subjec t 1 0 the dire c ti ons of the Mini s ter CH.37.1 COLLEGE Of THE BAHAMAS. (c) s ubject to the prior approval of the Minis ter and to the provi s ion s of section 1 2, to make regulation-; (i) to direct and regulate the administration of the Coll ege; (ii) without prejudice to the generality of subparagraph (i), to direct and regulate the conduct, discipline and s uch other matters affecting the employment of members of the academic staff as the Council secs fit ; (iii) for the better carrying out of the provi s ion s of this Act. (4) The provision s of 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, cea ses to be the holder of such office by r eason of his transfer with his consent to the service of the College and s uch perso n subsequently retires from the service of the College in such circumstances that, had he remained a public offi c er, he would have been eligible for pension under the provisions of the Pen sions Act, then in any s uch case th e following provisions of this sec tion shall have effect. (2) Any pens ion payable to any such person as is mentioned in subsection (I) by the College to whose service he has been transferred shall be calculated and granted to him in respect of hi s total service under the Government and with the Col le ge taken together and s uch serv ice shall be reckoned a s continuous for pension purposes. (3) There s hall be payable out of the Consolidated Fund upon the warrant of the Minister of Finance to the Col le ge as contribution to every pension paid in accordance with subsection (2) s uch 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 Pen sions Act upon the date of his ceas in g to be a public officer. 10.( I) The Minister may g ive to the Council such directions as he thinks fit with re s pect to the exerc ise of its functions under this Act, either generally o r in any particular case.


, COLLEGE OF THE BAHAMAS. ICH 37. (2) In the exe rci se of it s functions under thi s Act, th e Council s hall comply with any directions given by the Minister under su b section (I). 11. ( 1) The Minister--(a) shall fix fees and charges for courses of study, facilities and other se r v ic es provided by the College: (b) ma y redu ce, waive or refund fees and charges so fixe d ge n e rall y o r in any particular case o r class of case. (2) All f ees and charges payable pursuant to s ub se c tion ( I ) shall be paid in to the Consolidated Fund. 12. ( I ) There s h all b e a n Ac a demic B oard of the College w hich s h all consist o f (a) the Principal who s hall be the Chairman of th e Board; ( b) the head s o f s uch teaching departments as may be established within the College ; (c) the Librarian of th e College; (d) a stud ent of the College selected in accord ance w ith s uch procedure as the Principal may d e termin e; (e) three other persons selected by the Princi pal and appointed by th e Council. (2) The term of office of the members of the Board appointed otherwise than b y office s hall be two years, but any s uch member s hall be eligible for re-appointment. (3) If at a meeting of the Board the Chairman i s absent, th e members present may elect a Chairman from among their number to pres ide at that meeting. 13. Subject to the s pecial or general direc tion s of the Council, th e board s hall b e re spons ible for the academic administration of the Coll eg e and s hall have th e followin g functions ( a) to provid e for carrying out of curricula, in s tructi o n and education o ffer e d b y the College; (b) t o determine all questions relating to the academic and other qualification s required of appli cants for admission as s tud ents t o th e College; Fees and charge s. 557 Establi s hment of Academic Boa r d. P owers of the B oard.


558 Meeting s of the Roard. Discipline of students. Funds and r e sources of the College Expense s pa y able out of Con solidated Fund CH.37.1 COLLEGE OF THE BAHAMAS. (c) to consider and revise the courses of study, instruction and education in all departments of the College; (d) to conduct examinations and to make rules for the award of diplomas

.... , COLLEGE OF THE BAHAMAS. ICH.37. 18. No expenditure shall b e incurred b y the College without the prior approval in writing of the Mini s ter of Finance. 19. Where any gifts, donations, grants o r other money s are received by th e Council, on behalf of the College, su ch gifts, donations, grants or other moneys s hall b e ex pended in s uch manner as the Mini s ter of Finance m ay direct: Provided that where a donor or grantor, as the case may be, has attached any s tipulati o n to any s uch gift donation or grant s uch s tipulation s hall be give n effect to. 20. As soon as practicable after the commencement of this Act, the College s hall subject to the approval of the Mini s ter of Finance, establish a s cheme for the payment of pen s ion s or gratuities to officers and servants of the College who retire from the service of the College, or otherwise cease to hold office by reaso n of age, or of infirmity of body or mind or of the abolition of office. 21. All interests in and title to the movable property which immediately before the commencement of this Act was vested in th e Treasure r and situ a t e d on th e lands pre se ntl y occupied b y the C. R. Walke r Technical Col lege The Bahamas Teachers' College, and the San Salvador Teachers' College, i s, by virtue of thi s se ction and without further assurance trans ferred to and ves ted in the College. SCHEDULE. CONSTITuTIOl\ AND P ROCEDURE OF THE Cou C IL. 1.-( I ) The Coun cil s h all con sis t o f nin e m embe r s of whom ( a) o n e s hall be the Principa l ex offic i o; (b) one shall be a public officer from the Ministry of Education appointed by the M i ni ster; (c) s i x s hall be appointed b y the Mini ster acting in his di sc reti o n after con s ultati o n w ith such economi c or socia l bodies o r associations from which h e considers that s u c h m e m be r s s hould be se l ected; (d) one shall b e a student of t he College se lected in accordance with s u c h procedure as the Prin cipa l may determine a nd appo int ed by the Mini s ter. (2) In the exe rc i se o f his powers of appointment under this paragraph the Mini s ter s h all e n s ure that, after th e initial SLHI S 559 Power of M inis ter t o control expenditure. Control of the expenditure of gifts of money. P e n s ions and g ratuit ies. Transfer of cer tain property to the College. Con s titut ion of Cou n c il.


560 T enure of office. Chairman. Re signat ion. Dismissal. Vacancies and acting appointment. Gazetting of appointm ents. D ocuments. e t c. Procedures and meetings. CH.37.) COLLEGE OF THE BAHAMAS. constitution of the Council, the members of the Council shall not con s ist entirely of persons appointed to membership of the Council a t the sam e time. 2. A member of t h e Council oth e r than t h e Principal shall hold office for a period not exceeding three years, and shall be eligib le for re-appointment. 3 The Minister s hall appoint one of th e members of the Council to be the Chairman th ereof. 4.-(1) Any membe r of the Council, other than the Chairman, may at any time re s i g n his office by in strument in writing addressed to the Minister and transmitted through the Chairman, and from the date of r eceipt by the Minister of s uch instrument such member shall cease to b e a member of the Coun cil. (2) The Chairman m ay at any time re s i gn hi s office by instrument in writin g addressed to the Minister, a nd such re sig nati o n s hall take effect as from the date of receipt b y the Mini s ter of s uch in strument. 5. The Mini ste r may at a n y time revoke the appointment of any member of the Council. 6.-{ I ) If any vacancy occurs in the m embers hip o f t he Council, s uch vacancy, s hall be filled by the appointment of another member who s hall s ubject to the prov i s i o n s of this Schedule, hold office for the remainder of t he peri o d for which the previou s member was appointed, so howeve r that s uch appointment s hall be made in the same manner and from the sa me category of per so ns i f any, as the appointment of the previous member. (2) If the Mini s t e r i s satisfie d tha t the Chairman or any other m ember of the Council is unable to act, the Mini s ter shall appoint any per so n to act in hi s place. 7. The names of all members of th e Council as first constituted and every change in the membersh ip thereo f s hall be published in the Gazette. 8. All documents. oth e r than those required to be under s eal made by, and all decisions o f the Council may be sig nified under the h a nd s of the Chairman, or any other member authorised to act in that behalf, and the Registrar. 9.-( I) The Council s h all meet at lea st once every three months and at s u c h other times as may be necessary or expedient for tra nsaction of it s bus in ess and such m eet in gs s hall be held at s uch pla ces and tim es and on s uch days as the Council may determine. (2) The Chairman s hall pre s ide at all meetin gs of the Coun cil at which he i s present and, in the c a se of the Chairman's absence from a ny meetin g, the members pre sent and con s tituting a quorum s hall elect a Chairman from among their number to pre s ide at that meeting. (3) A quorum o f the Council s hall be the minimum number con s tituting a majorit y o f th e total number of the Council. (4) The d ec i sio n s of the Council s h all be by a maj o rit y of votes and, in a ddition to an original vote the Chairman or other per son


-. . . COLLEGE OF THE BA HAMAS. I C H.37. presiding at a meet i ng shall have a casting vote i n a n y case i n w hi c h the voting i s equal. (5) M i nutes in proper form of each meet i ng of the Council s h all be kept by the Secretary to the Council and a copy of the minutes of every meeting shall be submitted to the Minister as soon as poss ible thereafter. 561