University of The Bahamas was established under the University of The Bahamas Act which was passed July 2016, assented to on 15th August 2016 and came into force on 10th November 2016.
1.) Short title and commencement.
(1) This Act may be cited as the University of The Bahamas Act, 2016.
(2) This Act shall come into force on the day to be appointed by the Minister by notice in the Gazette.
“Academic Senate” means the body established under Article 7 of the Charter;
“bargaining unit” has the meaning ascribed to in the Industrial Relations Act (Ch.321);
“Board” means the Board to Trustees referred to in Article 5 of the Charter and constituted in accordance with Statute II of the Second Schedule;
“campus” means a site, designated by the Board, whether physical or virtual, for the delivery of education by the University;
“Charter” means the written constitution of the University of The Bahamas set out in the First Schedule;
“financial year” means any period of twelve months beginning on 1 st July in any year;
“former institution” means the College of The Bahamas continued under section 3 of the College of The Bahamas Act (Ch. 48);
“Minister” means the Minister responsible for education;
“officers of the University” means the officers of the University set out in Article 6 of the Charter;
“Ordinances” means policy decisions of the Board made pursuant to section 6;
“repealed Act” means the College of The Bahamas Act (Ch 48);
“staff” mean employees of the University who do not have faculty rank;
“Statutes” mean the statutes of the University specified in the Second Schedule;
“students” mean persons registered by the University as candidates for degrees, diplomas, certificates or other academic distinctions or awards and such other persons as the Academic Senate may from time to time recommend;
“the University” means the University of The Bahamas.
3. Establishment of the University of The Bahamas.
(1) The educational institution known and existing as the College of The Bahamas immediately before the coming into operation of this Act and continued as a body corporate under section 3 of the College of The Bahamas Act (Ch. 48) is hereby preserved and continues in existence as a body corporate for the purposes of this Act but is to be known after this Act comes into force as the “University of The Bahamas.”
(2) Subject to the provisions of this Act, the corporate identity and the rights and obligations of the body corporate are not affected by its change of name.
(3) The Charter of the University is set out in the First Schedule and may be amended in accordance with the procedure specified therein.
4. Objects of the University.
The objects of the University are set out in Article 3 of the Charter.5. Mission of the University.
The mission of the University is set out in Article 4 of the Charter.6. Functions and powers of Board of Trustees.
(1) There shall be a Board of Trustees (hereinafter referred to as “the Board”), which shall –
(a) be constituted in accordance with Article 5 of the Charter and have the powers set out therein;
(b) have the general direction and control over the conduct of the affairs of the University; and
(c) be free from undue influence from political, religious, or other external bodies and shall protect the institution from such influence.
(2) The Board may, in accordance with the Charter, make the Statutes for the University and without prejudice to the generality of the foregoing, the Statutes may prescribe, or regulate, as the case may be –
(a) the status, election or appointment, continuance in office and functions of the officers of the University;
(b) the constitution, functions and business of the Board and the Academic Senate; and
(c) such other matters as the Board deems necessary, with respect to, or for the governance of the University, its members and constituent parts or otherwise in relation thereto for the furtherance of the mission of the University.
(3) The Statutes may direct that any of the matters prescribed or regulated by Statutes, as authorized or directed in the Charter, be fu1ther prescribed or regulated by Ordinances, or such other decisions made by the Board, provided that any such further Ordinances or other decisions shall not be repugnant to the provisions of the Charter or of the Statutes.
(4) Unless amended in accordance with the Charter, the Statutes set out in the Second Schedule shall be the Statutes of the University.
(5) Subject to the provisions of the Charter and the Statutes, the Board may make Ordinances for the purposes of furthering the mission of the University and for the good order and governance of the University, including, but not limited to, tenure and post tenure review, faculty load, credit and contact hours, promotions, size of classes, the right of first refusal for part-time teaching and post retirement employment.
(6) Any Ordinance dealing with an academic matter for which the Academic Senate is responsible shall not be made, amended or repealed except after consultation with the Academic Senate.
7. Colleges, etc. of the University.
There may be established-
(a) colleges;
(b) schools; and
(c) institutes, of the University as authorized by the Board from time to time and situated in or on any campus.
8. Officers of the University.
The officers of the University shall comprise of such persons appointed in accordance with the search policies of the University and pursuant to the Second Schedule.
9. Funds and resources of the University.
(1) The funds and resources of the University shall consist of-
(a) any money lawfully received by or made available to the University;
(b) all other sums, which may in any manner become lawfully payabl e to the University in respect of any matter incidental to its mission;
(c) any property which may become vested in the University or such sums realised in relation to the disposal thereof of such property;
(d) any monies as are provided from time to time by Parliament, which shall be paid directly to the University.
(2) The Board of Trustees may receive and authorize the University or a foundation thereof to receive gifts, grants, donations or bequests of any property whatsoever and may either retain them for the use of the University or dispose of them in a fit and proper manner.
(3) Any monies realised from the disposal or use of any such property referred to in subsection (2) shall be credited to the account of the University.
10. General and other accounts of the University.
(1) The expenses of the University, including salaries, shall be defrayed out of the General Account.
(2) The Vice-President for Finance and Business shall keep the following 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;
(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;
(c) an account to be known as “the Restricted Fund Account” in respect of restricted funds; and
(d) an account to be known as “the Investment Fund Account” in respect of investment funds.
(3) No person shall establish or operate any account on behalf of or in the name of the University, or use the name of the University in connection with any account, except with the written approval of the Board and any person who receives such approval shall furnish the University with all banking statements in respect of those accounts.
11. Subventions and advances to the University.
(1) Subject to subsection the Minister responsible for finance may grant subventions and, at the request of the University, make advances for the purpose of enabling the University to defray expenditure properly chargeable to the capital account, including provision of working capital.
(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, 2010 (No. 26 of 2010).
12. Borrowing powers.
(1) Subject to this section, the University may borrow sums required by it for meeting any of its obligations or discharging any of its functions and may, in respect of such borrowing, issue debentures or other securities in such form as the University may determine.
(2) Any borrowing of the University pursuant to subsection (1) shall be subject to the approval of the Board as to the amount to be borrowed, the source of the borrowing and the terms on which the borrowing may be effected.
(3) An approval given in any respect for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise and may be either unconditional or subject to conditions.
(4) A person lending money to the University shall not be bound to inquire whether the borrowing of the money is within the power of the University.
13. Surplus funds.
At the end of each financial year, any monies standing to the credit of the University (including monies for subventions or advances) and which are not required for any current purpose shall be carried to the reserve fund established under section 14.
14. Reserve fund.
(1) The University shall establish a reserve fund.
(2) The management of the reserve fund, the sums to be carried from time to time to the credit thereof, and the application thereof, shall be as the Board may determine, but no part of the reserve fund shall be applied otherwise than for the purposes of the University.
15. Accounts and audit.
(1) The University shall cause to be kept proper accounts and other records in relation thereto, and shall prepare in respect of each financial year a statement of accounts.
(2) The accounts of the University for each financial year shall be audited by an independent licensed auditor appointed by the Board.
(3) Within four months after the end of each financial year, the University shall submit to the Minister, a copy of the audited accounts together with any report made by the auditors on the accounts.
(1) The President shall cause to be prepared an annual report of the activities of the University no later than six months following the close of each academic year.
(2) Without prejudice to the generality of the provisions of subsection (1), such report shall be for the period under review and shall include-
(a) a description of the activities of the University;
(b) details of the programmes of study offered by the University and the enrolment of students in such programmes;
(c) comments on new and existing non-teaching programmes;
(d) information on any research carried out by the University;
(e) information on personnel;
(f) information on endowments, grants, fund-raising and entrepreneurial activity; and
(g) any other relevant information.
(3) A copy of the audited statements of accounts thereon shall be attached to the report referred to in subsection (1).
(4) The annual report shall be submitted by the Board to the Minister no later than six months of the year next following.
(5) The Minister shall lay a copy of the annual report before each House of Parliament, together with a copy of any report made by the auditors on the accounts.
(6) The annual report of the University shall be made available to the general public.
17. Pension scheme.
(1) The University shall establish a defined contributory pension scheme whereby both the employee (as defined in the said scheme) and the University shall be responsible for making a contribution.
(2) There shall be payable out of the Consolidated Fund in respect of an employee of the former institution with ten or more years of pensionable service at the date of the commencement of this Act, the pension, gratuity or other like allowance payable out of the Consolidated Fund in accordance with section 23A of the Pensions Act (Ch. 43) in respect of total service under the former institution and with the University taken together and such service shall be reckoned as continuous for purposes of calculating pensions, gratuities and other like allowances.
(3) There shall be payable out of the Consolidated Fund to the University a contribution to the pension scheme established pursuant to paragraph (1) in respect of an employee who was employed by the former institution for less than ten years at the date of the commencement of this Act, such amounts as would have been accumulated to such employee under the scheme as if the scheme had been in existence upon the date of employment.
Notwithstanding any other law, any property, assets or service acquired by or vested in the Board or the University, whether real or personal, shall be exempt from any tax, duty or impost whatsoever levied by the Government.
On the date of Commencement of this Act –
(a) the Council constituted under the College of The Bahamas Act (Ch. 48) shall continue to exist, until the Board of Trustees is fully constituted in accordance with the Second Schedule, for the purpose of providing oversight of the university transition process;
(b) the persons serving as the Chairman and Deputy Chairman on the Council shall continue to serve for the reminder of their appointments on the Board, except that the Deputy Chairman shall serve in the capacity of Vice-Chairman of the Board and thereafter, both persons shall be eligible for appointment to the Board;
(c) all money, property or other assets vested in the former institution upon trust or as an endowment for any scholarship or any other purpose shall, unless the terms of the trust governing the same otherwise provide, vest in the University without conveyance or assignment and shall be used for a like purpose;
(d) all liabilities of the former institution shall vest in the University without further assurance and the University shall have all powers necessary to satisfy of any of those liabilities;
(e) all interests, rights and easements into or out of the property owned by the former institution or other property over which the former institution held any rights, titles or interest shall without conveyance, assignment or transfer, belong to and be vested in the University, subject to all or any trusts and to all debts, liabilities and obligations affecting the same;
(f) every agreement, whether in writing or not, to which the former institution was a party or which affected the former institution, and whether or not of such a nature that the rights, liabilities and obligations under it could be assigned, is to have effect as if the University were a party to it or affected by it instead of the former institution and as if for every reference (however worded and whether express or implied) in it to the former institution there were substituted in respect of anything to be done on or after such date of commencement, a reference to the University, provided that where such agreement is inconsistent with the provisions of this Act, such provisions shall prevail ;
(g) every deed or bond to which the former institution was a party or which affected the former institution, and whether or not of such a nature that the rights, liabilities and obligations under it could be assigned, is to have effect as if the University were a party to it or affected by it instead of the former institution and as if for every reference (however worded and whether express or implied) in it to the former institution there were substituted in respect of anything to be done on or after such date of commencement, a reference to the University;
(h) all actions, proceedings and causes of action to which the former institution was a party shall be continued as if the University was a party to those proceedings instead of the former institution.
On the date of commencement of this Act –
(a) the person serving as President of the former institution shall serve as President of the University and shall remain in office until the expiration of his tenure and shall serve in the capacity of President of the University subject to his existing contractual terms and conditions;
(b) all persons who were employed by the former institution immediately before the date of commencement shall continue to be so employed without diminution in pay or rank;
(c) all students enrolled in courses of study with the former institution and who have not completed such courses on or before the date of commencement of this Act, shall enjoy all rights and privileges as student s of the University and shall have their diploma, certificate, degree or other academic distinction validated or awarded by the University; and
(d) all graduates or holders of degrees, diplomas, certificates or other academic awards and distinctions from the former institution shall enjoy all corresponding rights and privileges as an alumni of the University.
