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Samoa Sessional Legislation |
WESTERN SAMOA
The National University of Samoa Act
1997, No.2
Arrangement of Provisions
1. Short title and commencement
PRELIMINARY
2. Interpretation
3. Establishment of the University
4. The Chancellor
THE FUNCTIONS OF THE UNIVERSITY
5. The Functions of the University
6. Academic Freedom
THE COUNCIL AND OFFICERS OF THE UNIVERSITY
7. Constitution of the Council
8. Additional members of the Council
9. Composition of the Council
10. Vacation of office
11. Disclosure of Interest
12. Casual Vacancies
13. Proceedings of the Council not affected by the vacancies, etc.
14. Pro-Chancellor
15. Deputy Chairperson of the Council
16. Vice-Chancellor
17. Re-appointment or re- election
18. Meetings of the Council
19. Circulation of Council Resolutions
20. Fees and Allowances
PART IV
FUNCTIONS OF THE COUNCIL
21. Functions of the Council
22. Duties of the Council
23. Establishment of the Senate
24. Personal liability
PART V
POWERS OF THE UNIVERSITY
25. Powers of the University
26. Powers of the Council
27. Council may appoint Executive Committee and other committees
28. Statutes
29. Regulations
30. Powers of Delegations
PART VI
CHARTER OF THE UNIVERSITY
31. University to have a Charter
32. Revision of the Charter
33. Consideration of proposed Charter, amendment of revision
34. Minister may initiate amendment or revision
35. Approval of Charter, amendment or revision
36. Where University has no Charter
37. Charter to be available
PART VII
ASSETS AND FUNDS
38. Acquisition of land, etc.
39. Funds of the University
40. Money to be paid into bank
41. Loan Money to be paid into a separate account
42. Proper accounts to be kept
43. Accounts and Audit
44. Annual Report
45. No liability for income tax
PART VIII
TRANSITIONAL
46. Repeal of the National University of Samoa Act 1984
47. Transitional provisions
SCHEDULE
SAVINGS AND TRANSITIONAL PROVISIONS
1. University a continuation of the old University
2. Pro-Chancellors
3. Vice-Chancellors
4. Representatives of Church Education Systems
5. Representative of Chamber of Commerce
6. Membership of the Council
7. Employment of staff
8. Savings of delegations
9. Statutes and Regulations
----------------------------------------------------
AN ACT to repeal the National University of Samoa Act 1984 and to redefine the functions and powers of the National University of Samoa and the composition, functions and powers of its Council.
(14 March 1997)
BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:
1. Short title and commencement - (1) This Act may be cited as the National University of Samoa Act 1997.
(2) This Act shall come into force by order of the Head of State on the date specified in the order.
PART I
PRELIMINARY
2. Interpretation - (1) in this Act, unless the context otherwise requires,-
"Charter" means the Charter of the University prepared and approved under sections 31 to 37;
"Committee of the Councils" includes the Senate, the Executive Committee or a committee, board or other body established under section 27;
"Councils" means the Council of the University constituted under section 7;
"Director" means the Director of Education;
"Executive Committee" means the Executive Committee of the Council established under section 27;
"Financial year" means a period of twelve (12) months commencing on 1 July in any year and ending on 30 June in the following year;
"Minister" means the Minister of Education;
"Pro-Chancellor" means the Pro-Chancellor of the University holding office under clause 2 of the Schedule or appointed under section 14;
"Senate" means the Senate established under section 23;
"Statute" means any statute made under section 28;
"University" means the National University of Samoa established by this Act; and
"Vice-Chancellor" means the Vice-Chancellor of the University holding office under clause 3 of the Schedule or appointed under section 16.
(2) In this Act, a reference to the holder of an office in the University shall be read as including a reference to a person for the time being performing the duties of that office.
(3) In this Act, a reference to a function includes a reference to a power, authority and duty.
(4) The provisions of the Education ordinance 1959 shall not apply to the University.
3. Establishment of the University- (1) This Act has effect as if The National University of Samoa established by The National University of Samoa Act 1984 was established under this Act.
(2) The University is a body corporate with perpetual succession and a common seal, and shall be capable of entering into contracts, of acquiring, holding and disposing of real and persona property, of suing and being sued and of doing all such other things as body corporates may lawfully do.
(3) The governing body of the University is the Council and all acts or things done in the name of, or on behalf of, the University with the authority of, or of a delegate of, the Council or the Vice Chancellor shall be deemed to have been done by the University.
(4) The common seal of the University is to be kept in such custody as the Council may direct and is only to be affixed to a document pursuant to a resolution of the Council or of the Executive Committee.
4. The Chancellor- (1) The Head of State is the Chancellor of the University.
(2) As titular head of the University the Chancellor shall be responsible for the conferment of degrees and the award of diplomas and certificates.
PART II
THE FUNCTIONS OF THE UNIVERSITY
5. The functions of the University - The functions of the University, within the limits of its resources are:
(a) The establishment of a centre of excellence in the study of Samoa, the Samoan language and Samoan culture;
(b) The acquisition and transmission of knowledge by teaching, consultancy and research;
(c) The encouragement of intellectual independence;
(d) The provision at appropriate levels of education and training responsive to the needs of the people of Samoa;
(e) The promotion of the economic and social development of Western Samoa; and
(f) The realisation of the goals and guiding principles of the University as set out in the Charter.
6. Academic Freedom- (1) it shall be the responsibility of the University to ensure that the principles of academic freedom are preserved and enhanced.
(2) The principles of academic freedom include:
(a) The freedom of academic staff and students within the law to question existing knowledge and theories, to put forward new ideas, and to state controversial or unpopular opinions;
(b) The freedom of academic staff, and students where appropriate, to engage in research;
(c) The freedom of the University to appoint and retain its own staff; and
(d) Subject to this Act and to the Charter,
(i) The freedom of the University to regulate the courses, and the subject matter of courses, taught at the University, and
(ii) The freedom of the University to teach and assess students in the manner it considers best promotes learning.
PART III
THE COUNCIL AND OFFICERS OF THE UNIVERSITY
7. Constitution of the Council - (1) The Council shall consist of:
(a) The Pro-Chancellor;
(b) The Vice-Chancellor;
(c) The member of the academic staff of the University who normally deputises for the Vice-Chancellor, when the Vice-Chancellor is absent from Western Samoa or is incapacitated by sickness or otherwise;
(d) A member of the Senate;
(e) A member of the academic staff of the University who is not a member of the Senate;
(f) A student of the University or a person who has been a student of the University within one year of becoming a member of Council and is not a member of the staff of the University;
(g) Three (3) persons represent the Church Education Systems of Western Samoa;
(h) The Director or a nominee of the Director;
(i) The Vice-Chancellor of the University of the South Pacific or a nominee of the Vice-Chancellor;
(j) The President of the American Samoa Community College or a nominee of the President;
(k) Up to five (5) persons, not being full-time members of the staff or full-time students of the University, appointed by the Head of State, acting on the advice of the Minister;
(l) Up to three (3) persons co-opted by the Council at its discretion; and
(m) Such other persons as may be appointed or elected under section 8.
(2) Subject to this Act:
(a) A person who is a member of the Council under subsection (1)(g), (k), (l) or (m) shall hold office for a term not exceeding three (3) years;
(b)A person who is a member of the Council under subsection (1)(d) or (e) shah hold office for a term not exceeding two (2) years; and
(c) A person who is a member of the Council under subsection (1)(f) shall hold office for a term not exceeding one (1) year.
(3) The appointment or election of members of the Council under subsection (1)(d), (e), (f) and (g) shall be in such manner as is prescribed by statute.
(4) A member of the Council appointed or elected under subsection (1)(d), (e) or (f) shall, unless the member sooner vacates office under section 10, continue to hold office until the successor of that member comes into office.
8. Additional members of the Council- (1) The Head of State, acting on the advice of Cabinet, may, at any time after the coming into force of this Act, approve a recommendation of the Council that there be an addition or additions in the membership of the Council, provided that on no case shall there be more than twenty five (25) members of the Council.
(2) in accepting the advice of Cabinet, the Head of State may determine the procedure to be followed in the appointment or election of, and the term of office of, each additional member of the Council and where appropriate, may require that the procedure and the term of office be prescribed by statute.
(3) The Minister shall arrange for a notice to appear in Savali giving details of any addition or additions to the membership of the Council under this section.
9. Composition of the Council- (1) The Minister, in advising the Head of State under section 7(1)(k), and the Council, in co-opting members of the Council under section 7(1)(l) or in recommending any addition to the membership of the Council under section 8(1), shall have regard for the desirability of the representation on the Council of:
(a) Professional, commercial and other interests in the community;
(b) Persons with expertise in management;
(c) Persons who provide a balance of age and gender;
(d) Professional bodies associated with programmes taught at the University;
(e) Any institution or body which has affiliated or entered into association with, is co-operating with or has been incorporated in, the University;
(f)Graduates of the University;
(g) Residents of Western Samoa who are graduates of other tertiary institutions; and
(h) Experienced academics from outside Western Samoa who have a contribution to make to the deliberations of the Council.
(2) The Council in recommending an addition to the membership of the Council under section 8(1) shall also consider the desirability of the representation on the Council of:
(a) An additional person or additional persons to represent the academic staff of the University;
(b) A person or persons to represent the non academic staff of the University; and
(c) An additional person or additional persons to represent the students of the University.
10. Vacation of office- (1) A member of the Council (other than the Vice-Chancellor) may resign as a member by written notice signed by the member and given to the Vice-Chancellor.
(2) Subject to section 7(4), a member of the Council who is representing the Senate or the staff of the University under section 7(1)(d), (e) or (m) ceases to be a member of the Council if that member ceases to be a member of the staff of the University.
(3) The Council may, by resolution, dismiss a member of the Council (other than the Vice-Chancellor) as a member if the member:
(a) Is declared bankrupt;
(b) Is sentenced to a term of imprisonment;
(c) Is absent without leave from three (3) consecutive meetings of the Council; or
(d) Without reasonable excuse, fails to comply with section 11.
(4) The Vice-Chancellor shall send to a member of the Council dismissed under subsection (3) a letter setting out the terms of the resolution dismissing that member.
11. Disclosure of interest- (1) A member of the Council or of a committee of the Council who has an interest in a matter being considered or about to be considered by the Council or the committee, as the case may be, shall, as soon as possible after the relevant facts have come to the members knowledge, disclose the nature of the interest at a meeting of the Council or of the committee,
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Council or the committee of the Council and the member shall not, unless the Council decides otherwise:
(a) Be present at any deliberation of the Council or the committee with respect to that matter; or
(b) Take part in any decision of the Council or the committee with respect to that matter.
(3) For the purposes of this section, a person has an interest in a matter, if the matter relates to the conditions of service of that person, or of a close relative of that person, as Vice-Chancellor or as a member of the staff of the University, or if that person, or a close relative of that person, has any other or indirect pecuniary interest in the matter.
12. Casual Vacancies- (1) Subject to subsection (2), if the office of a member of the Council becomes vacant before the end of the members term of office, the vacancy shall be filled, as soon as practicable, by the vacating member, and the new member shall hold office for only the residue of the term for which the vacating member was elected, appointed or co-opted as the case may be.
(2) If a vacancy occurs within six (6) months before the end of the member's term of office, the Council may decide that the vacancy need not be filled under this section.
13. Proceedings of the Council not affected by vacancies, etc.- No act or proceeding of the Council, any committee of the Council or any person acting as a member of the Council shall be invalidated in consequence of there being a vacancy or vacancies in the membership of the Council at the time of that act or proceeding, or if there was some defect in the appointment or qualification of any member of the Council, or a defect in the convening of any meeting of the Council.
14. Pro-Chancellor- (1) Whenever a vacancy in the office of Pro-Chancellor occurs, the Head of State, acting on the advice of cabinet shall appoint a person (whether or not a member of the Council) to be Pro-Chancellor and Chairperson of the Council. The Minister, before making a recommendation to Cabinet on the appointment of a Pro-Chancellor shall consult the Council regarding that appointment.
(2) The Pro-Chancellor, unless he or she sooner resigns shall hold office for a term of 3 years.
15. Deputy Chairperson of the Council- (1) The Council shall elect one of its members to be the Deputy Chairperson of the Council.
(2) The Deputy Chairperson, unless he or she sooner resigns as Deputy Chairperson or ceases to be a member of the council, shall hold office for such term (not exceeding three (3) years) and on such conditions as the Council may determine.
16. Vice-Chancellor-(1) Whenever a vacancy in the office of vice-Chancellor occurs, the Council shall appoint a person (whether or not a member of the Council) to be Vice-Chancellor.
(2) The Vice-Chancellor, as the principal executive officer of the University, shall manage the academic and administrative affairs of the University.
(3) In the absence of the Chancellor, the Vice-Chancellor shall confer degrees and award certificates and diplomas.
(4) The Vice-Chancellor holds office for such term (not exceeding three (3) years) as the Council determines.
(5) The conditions of appointment of the Vice-Chancellor shall be determined by agreement between the Council and the Vice-Chancellor.
(6) The Council may remove the Vice-Chancellor from office for just cause or excuse.
17. Re-appointment or re-election - Nothing in this Act prevents any person from being re-appointed, re-elected or re-co-opted to any office under this Act if the person is eligible and otherwise qualified to hold that office.
18. Meetings of the Council- (1) The Council shall meet at least once in each calendar year.
(2) The Chancellor or the Pro-Chancellor may call a special meeting of the Council at any time and the Pro-Chancellor shall call a special meeting on the requisition in writing of one-third of the members of the Council.
(3) If there is no Pro-Chancellor or if for any reason the Pro-Chancellor is not available, the Deputy Chairperson of the Council has the powers and duties of the Pro-Chancellor under this section.
(4) At any meeting of the Council, a majority of the members then holding office shall form a quorum.
(5) If neither the Pro-Chancellor nor the Deputy Chairperson of the Council is present at a meeting, the members present shall appoint one of their members to preside.
(6) Every question before a meeting of the Council shall be decided by a majority of the votes of the members present at the meeting and entitled to vote on that question.
(7) At any meeting of the Council the member presiding has a deliberative vote, and, in the case of an equality of votes, has a casting vote.
(8) Except as provided in this section, the Council shall determine its own procedures.
19. Circulation of Council Resolutions- (1) At the discretion of the Pro-Chancellor or of the Executive Committee, anything that may be done by a resolution passed at a meeting of the Council may be done by the Council without a meeting by means of a resolution signed by the number of members of the Council specified in subsection (2).
(2) For the purposes of this section, a resolution shall be signed by all members of the Council provided that if shall be sufficient if the resolution is signed by a majority of the members then holding office and if:
(a) A copy of the resolution has been posted or delivered to each other member of the Council at that member's last known address;
(b) Each of those other members has failed, within six (6) weeks after the copy has been so posted or delivered o sign the resolution; and
(c) No member of the Council has notified the Registrar in writing that he or she does not propose to sign the resolution.
20. Fees and Allowances-(1) Members of the Council other than the Vice-Chancellor and members of the staff of the University shall be paid fees at such rates as the Council determines.
(2) Members of the Council may be reimbursed for any expenses reasonably incurred by them in respect of their attendances as members of the Council.
PART IV
FUNCTIONS OF THE COUNCIL
21. Functions of the Council - The Functions of the Council are:
(a) To ensure that the University performs the functions set out in section 5;
(b) To prepare and negotiate with the Minister the terms of the Charter of the University in accordance with sections 31 to 37;
(c) To determine the policies of the University in relation to the performance of its functions and the implementation of its Charter; and
(d) To ensure that the management of the University is directed towards the performance of its functions and the implementation of its Charter.
22. Duties of the Council - The Council shall, the performance of its functions:
(a) Strive to ensure that the University attains the highest standards of excellence in education, training and research and, in particular, that the University becomes a centre of excellence in the study of Samoa, the Samoan language and Samoan culture;
(b) Take the steps necessary to ensure that the University's standards in education, training and research are accepted by the International Academic Community;
(c) Ensure that the principles of academic freedom are preserved and enhanced in accordance with section 6;
(d) Seek to promote the economic and social development of Western Samoa;
(e) Establish systems that ensure the responsible use of public resources;
(f) Ensure that the University does not discriminate against any person because of his or her descent, sex, language, religion, political or other opinion, social origin, place of birth or family status; and
(g) Maintain a concern for and protect the public interest and the well being of students of the University.
23. Establishment of the Senate- (1) The Council shall establish a Senate consisting of the Vice-Chancellor and members of the staff and students of the University to:
(a) Advise the Council on matters relating to programmes and courses of study or training, awards and other academic matters; and
(b) Exercise powers delegated to it by the Council.
(2) The Council shall not make a decision or statute in respect of any academic matter referred to in subsection (1) unless it has requested the advice of the Senate and considered any advice given by the Senate.
(3) Without derogating from the duties of the Council under subsection (2), a decision or statute made by the Council is not invalid merely because of a failure of the Council to comply with that subsection.
24. Personal liability - No member of the Council is personally liable for any act done or omitted by the member of the Council in good faith and in pursuance of the function of the University or of the Council.
PART V
POWERS OF THE UNIVERSITY AND OF THE COUNCIL
25. Powers of the University- (1) Notwithstanding section 3(2) and subject to subsection (2), the University shall not exercise the following powers without the written consent of the Minister:
(a) To sell or otherwise dispose of assets or interests in assets;
(b) To mortgage or otherwise charge assets or interests in assets; and
(c) To grant or enter into leases of land or buildings or parts of buildings.
(2) The University may borrow money, whether by way of overdraft or otherwise, within such limits and on such conditions as to security or otherwise as the Minister, acting on the recommendation of the Secretary of Finance, may approve.
26. Powers of the Council- (1) Subject to this Act and to the Charter, the Council has all the powers reasonably necessary to enable it to perform its functions effectively.
(2) Except where they are exercised by delegation under this Act, the following powers shall be exercised only by the Council:
(a) To provide programmes and courses of study or training, admit students and grant awards;
(b) To grant fellowship, scholarships, bursaries, or prizes;
(c) To appoint and terminate the appointment of academic and other staff of the University;
(d) To accept gifts and bequests made to the University, whether on trust or otherwise;
(e) To raise money and procure contributions to the funds of the University;
(f) To authorise the making of grants or loans out of the money of the University to the Vice Chancellor, to the members of staff or students of the University; or to any association of staff or students, on such terms and conditions as the Council thinks fit;
(g) To guarantee loans by other persons to the Vice-Chancellor or members of staff of the University for housing purposes;
(h) To arrange for the provision (whether by sale or otherwise) of goods and services to staff and students of the University or other persons using, or otherwise attending at, facilities of the University;
(i) To invest any funds belonging to or vested in the University;
(j) To establish or participate in such trusts, companies or other incorporated bodies as its considers appropriate to promote the objects and interests of the University;
(k) To engage in the commercial development of any discovery, invention or publication or of any intellectual property, in which the University has a right or interest;
(l) To impose, fees, charges and fines;
(m) To establish and maintain branches and colleges of the University, within the University and elsewhere;
(n) To determine the terms and conditions under which any institution or body may affiliate with the University, enter into association or co-operation with the University or be incorporated in the University; and
(o) To do anything incidental to the exercise of any of the powers conferred by this section.
27. Council may appoint Executive Committee and other committees- (1) The Council shall establish an Executive Committee of the Council which shall consist of not fewer than eight members of the Council.
(2) The Council may from time to time establish such other committees, boards or other bodies consisting of such persons, whether or not members of the Council, as the Council determines to exercise such powers as are delegated to them under section 30 or conferred on them by statute.
(3) The Vice-Chancellor shall be a member of the Executive Committee and of all other committees, boards or bodies established by the Council.
28. Statutes- (1) The Council may make such statutes, not inconsistent with this Act, as may in its opinion be necessary or expedient for the administration of the affairs of the University.
(2) Without limiting the generality of subsection (1), the Council may male statutes with respect to:
(a) The management, good government and discipline of the University;
(b) The imposition, by or on behalf of the Council, of penalties upon staff or students of the University for the contravention of or failure to comply with a statute with respect to a matter referred to in paragraph (a);
(c) The constitution, functions and procedures of the Senate;
(d) The creation of faculties, schools, departments, centres or other entities within the University;
(e) The designation of members of staff of the University as academic staff, non-academic staff, full-time staff, part-time staff or otherwise;
(f) The terms and conditions of employment of members of the staff of the University;
(g) Admission to, enrolment in and exclusion from programmes or courses of study;
(h) The programmes and courses of study provided by the University and procedures for the assessment of student performance in those programmes and courses of study;
(i) The degrees, diplomas, certificates or other awards that may be granted by the Council and the requirements for those awards;
(j) The grant of credits or exemptions to students of the University in respect of a course or courses which they have followed and completed either at another institution or through extension or distance education made available for those awards;
(k) The provision of schemes of insurance, superannuation or retirement benefits for, or in respect of, the Vice-Chancellor or members of the staff of the University; and
(l) Any other matter required or permitted by this Act to be provided for by statute.
(3) If the Council makes a statute under subsection (2)(b) providing for the imposition of penalties upon staff or students of the University, the statute shall provide for the Council, if so requested by a member of the staff or a student upon whom a penalty is imposed, to review, or arrange for the review of the imposition of the penalty, the amount of the penalty, or both.
29. Regulations-(1) A statute may empower the Council, any committee of the Council or any officer of the University to make regulations (not inconsistent with this Act or any statute) for regulations, or providing for the regulation of, any matter with respect to which a statute may be made, other than the imposition of penalties under section 28(2)(b).
(2) Any such regulations:
(a) Have the same force and effect as a statute; and
(b) May from time to time be amended or repealed by the Council or by the committee of the Council or the officer of the University empowered to make those regulations.
30. Powers of Delegation- (1) The Council may by resolution, from time to time, either generally or particularly, delegate to the Vice-Chancellor or to any committee of the Council any of its functions under this Act (other than the powers to appoint a Vice-Chancellor and to make statutes) or any other Act.
(2) Any Committee of the Council to whom functions have been delegated under subsection (1) may, by writing signed by the Vice-Chancellor or by at least two members of the committee, delegate such of those functions as the Council may have approved to a member of the staff of the University.
(3) The Vice-Chancellor may from time to time, either generally or particularly, by writing, delegate to any committee of the Council or to any member of the staff of the University:
(a) Any functions of the Vice-Chancellor under this Act; and
(b) Such of the functions delegated by the Council to the Vice-Chancellor under this section as the Council may have approved.
(4) Subject to any general or special directions given or conditions imposed by the Council or the Vice-Chancellor, as the case may be, a committee of the Council or a member of the staff of the University to which or to whom any functions are delegated under this section may perform those functions in the same manner and with the same effect as if they had been conferred on the committee or member of the staff directly by this Act and not by delegation.
(5) A delegation under this section does not affect or prevent the performance of any function by the Council or the Vice-Chancellor, as the case may be, or, affect the responsibility of the Council or the Vice-Chancellor for the actions of any person acting under the delegation.
(6) A delegation under this section is revocable by writing at will and, until it is revoked, continues in force according to its tenor.
PART VI
CHARTER OF THE UNIVERSITY
31. University to have a Charter- (1) The University shall have a written Charter, prepared and approved under this Act, setting out of the goals and guiding principles of the University.
(2) The Council, as soon as practicable after its, first meeting, shall prepare and submit to the Director for approval by the minister a proposed Charter for the University which includes its academic objectives for the ensuing five years.
(3) The Council may, at any time, prepare and submit to the Director for approval by the Minister proposed amendments to the Charter.
(4) Before submitting to the Director a proposed Charter, a proposed amendment, or a proposed revision under section 32, the Council shall consult, in such manner as it considers appropriate, with staff and students of the University and such members of, or groups of persons in, the communities served by the University as the Council considers appropriate and shall consider the views expressed by the those persons.
32. Revision of the Charter- (1) The Council shall, in the fourth year from the date on which the first Charter takes effect under section 35(1), and in each fourth year from the date on which a revision of the Charter under this section takes effect under section 35(1):
(a) Prepare and submit to the Director a report on the extent to which the goals and guiding principles of the University, including the academic objectives set out in the Charter, are being realised; and
(b) Include with the report, for approval by the Minister, a revised Charter which includes the academic objectives of the University for the ensuing five (5) years.
(2) A Charter or revised Charter for the time being in effect shall remain in effect until a revision of that Charter or of that revised Charter takes effect.
33. Consideration of proposed Charter, amendment or revision- (1) The Director shall consider a proposed Charter, or a proposed amendment to or revision of the Charter, and shall strive to reach agreement with the Council as to the terms of the Charter, amendment or revision.
(2) If the Council and the Director are unable to agree on any matter relating to the proposed Charter, amendment or revision, the Minister shall determine the matter after consulting the Council and such other bodies or persons as the Minister considers appropriate.
34. Minister may initiate amendment or revision- (1) The Minister may, on his or her own initiative, propose an amendment to or revision of the Charter.
(2) The Director shall give the Council a copy of the proposed amendment or revision together with a statement of the reasons for the proposal and shall allow the Council a reasonable period in which to make a submission in relation to the proposal.
(3) Before the Council makes a submission under subsection (2), it shall undertake the consultations required under section 31(4).
35. Approval of Charter, amendment or revision- (1) The Minister may approve a proposed Charter, or a proposed amendment to or revision of the Charter by signing the Charter, amendment or revision and specifying on it a date, that date being the date on which the proposed Charter, amendment or revision is to take effect.
(2) An amendment to or revision of the Charter proposed by the minister shall not be approved until the Minister has considered any submission made by the Council under section 34(2).
36. Where University has no Charter - If the University has not had a Charter for a period of at least twelve (12) months and the Council of the University has not submitted to the Minister for approval a proposed Charter for the University, the Minister may, on his or her own initiative, approve a Charter in such reasonable terms as the Minister determines.
37. Charter to be available - The Council shall ensure that a copy of the Charter is printed annually in the University calendar and is available at the administrative office of the University during ordinary office hours for inspection by any person without charge.
PART VII
ASSETS AND FUNDS
38. Acquisition of land, etc.- (1) Notwithstanding any provision in any other enactment, the Land Board is hereby authorised:
(a) To convey or transfer to the University, for the purposes of this Act, a freehold estate in such Government land as may be agreed upon between the Government and University, together with any improvements thereon, upon such terms as may be agreed upon between the Government and the University; and
(b) To grant to the University, for the purposes of this Act, a lease over such Government land as may be agreed upon between the Government and the University, together with any improvements thereon, upon such terms as may be agreed between the Government and the University.
(2) The term of any lease granted under section (1)(b) shall expire no later than eighty (80) years after the date on which this Act comes into force.
39. Funds of the University - The funds of the University shall comprise:
(a) All money received by the University out of money appropriated by the Legislative Assembly for the purposes of the University;
(b) All money that may be donated, given or contributed to the University or that may be otherwise lawfully payable to the University;
(c) All money received by the University by way of fees or otherwise in respect of the performance and exercise of any of the functions of the University; and
(d) All interest and other accumulations of money belonging to the University.
40. Money to be paid into bank- (1) All money received by the University shall, as soon as practicable after it has come into the hands of the proper officer of the University, be paid into such bank account or accounts of the University as the Council from time to time determines.
(2) No such money shall be withdrawn from the bank except by authority of the Council and by cheque signed by an officer of the University approved by the Council, and countersigned by a member of the Council or by another officer of the University approved by the Council.
41. Loan money to be paid into a separate account - All money borrowed by the Council on behalf of or for the purposes of the University, other than money borrowed by way of overdraft, shall be paid into a separate bank account in the name of the loan, and shall not be drawn out of the bank or expended except for the special purpose for which it was borrowed.
42. Proper accounts to be kept - The Council shall:
(a) Cause to be kept proper accounts and records of the transactions and affairs of the University; and
(b) Do all things necessary to ensure that adequate control is maintained over the assets of, or in the custody of, the University and over the incurring of liabilities by the University.
43. Accounts and audit- (1) The University shall prepare in respect of each financial year a statement of accounts.
(2) The accounts of the University shall include separate profit and loss accounts, balance sheet and supporting schedules,. all of which shall be approved by the Council and signed on behalf of the Council by the Pro-Chancellor or other person designated by the Council.
(3) The accounts of the University shall be audited by the Controller and Chief Auditor of the Government of Western Samoa or, with the consent of the Controller and Chief Auditor, by another approved auditor.
(4) As soon as the accounts of the University have been audited, the Council shall send a copy of the statement of accounts, together with a copy of any report made by the auditor, to Cabinet.
(5) The Minister shall cause copies of the audited statement of accounts and any report made by the auditor to be laid before the Legislative Assembly within twenty eight (28) days after the receipt of a copy by him or her if the Assembly is then in session or, if not, within twenty eight (28) days of the next ensuing session.
44. Annual Report- (1) The Council shall, as soon as possible after the end of each financial year, male a report to the Minister on the operations of the University during that financial year, including a statement of the extent to which the academic objectives set out in the Charter have been met.
(2) The Minister shall cause copies of every such report to be laid before the Legislative Assembly within twenty eight (28) days after the receipt of the copy by him or her if the Assembly is then in session or, if not, within twenty eight (28) days after the commencement of the next ensuing session.
45. No liability for income tax - The University shall not be liable for income tax.
PART VIII
TRANSITIONAL
46. Repeal of the National University of Samoa Act 1984- (1) The National University of Samoa Act 1984 is repealed.
(2) The Council of the National University of Samoa, as constituted immediately before the repeal of the National University of Samoa Act 1984, is dissolved.
(3) Subject to the provisions of this act, the persons holding office as members of the Council immediately before the repeal of the National University of Samoa Act 1984 cease to hold office as such on that repeal.
47. Transitional provisions - The Schedule has effect.
SCHEDULE
SAVINGS AND TRANSITIONAL PROVISIONS
1. University a continuation of the old University - The University is a continuation of, and the same legal entity as The National University of Samoa established by The National University of Samoa Act 1984.
2. Pro-Chancellors- (1) The Minister, being the person who, immediately before the coming into force of this Act, held office as Pro-Chancellor ex officio of The National University of Samoa-
(a) Remains Pro-Chancellor or the University; and
(b) Continues to hold office for a term of two (2) years from the date of coming into force of this Act (unless he or she sooner resigns or ceases to be Minister of Education).
(2) The person who, immediately before the coming into force of this Act, held office as the Pro-Chancellor, but shall continue to be a member of the Council (unless he or she sooner resigns) for the residue of the term for which he or she was appointed Pro-Chancellor.
3. Vice-Chancellor - The person who, immediately before the coming into force of this Act, held office as the Vice-Chancellor of The National University of Samoa:
(a) Remains Vice-Chancellor of the University; and
(b) Continues to hold office (unless he or she sooner resigns) for the residue of the term for which he or she was appointed Vice-Chancellor.
4. Representatives of church education systems- The three persons who, immediately before the coming into force of this Act, were members of the Council of The National University of Samoa appointed to represent the interests of the church education systems in western Samoa shall continue to be members of the Council for the balance of their terms in accordance with the agreement reached between those church educational systems.
5. Representative of Chambers of Commerce - The person who, immediately before the coming into force of this Act, was a member of the Council of The National University of Western Samoa appointed by the Western Samoa Chamber of Commerce shall continue to be a member of the Council unless he or she sooner resigns) for the residue of the term for which he or she was appointed a member of the Council.
6. Membership of the Council- (1) Or the purpose only of enabling the Council to be duly constituted on the coming into force of this Act, appointments as members of the Council may be under section 7(1)(k) as if this Act was in force, those members to assume office when this Act comes into force.
(2) For the purpose only of enabling the Council to be duly constituted on the coming into force of this Act, the Minister may, by written notice, after consultation with the Vice-Chancellor, direct that specified persons are to be members of the Council, each such person to represent one of the following interests on the Council until a corresponding member of Council is elected under the provisions of a statute as provided in section 7(3):
(a) The Senate, to be represented by a member of the academic staff who was a member of the Senate immediately before the coming into force of this Act;
(b) The academic staff of the University to be represented by a member of the academic staff who was not a member of the Senate immediately before the coming into force of this Act; and
(c) The students of the University, to be represented by a student of the University or by a person who had been a student of The National University of Samoa within the preceding twelve (12) months and is not a member of the staff of the University.
(3) For the purposes of paragraphs (a) and (b) the Senate is the Senate constituted under section 16 of The National University of Samoa Act 1984.
(4) Any person appointed as a member of the Council under subclause (2) shall not remain a member of the Council under that subclause for a period longer than one (1) year.
7. Employment of staff - A person who, immediately before the commencement of this clause, was a member of the staff of The National University of Samoa shall, after that commencement, continue in the employment of the University on the same terms and conditions as those on which the person was employed immediately before that commencement, until the person's employment is terminated or renewed in accordance with those terms and conditions.
8. Savings of delegations - Any delegation made or taken to have been made by the Council of The National University of Samoa under The National University of Samoa Act 1984 is to be taken as a delegation under this Act by the Council.
9. Statutes and regulations - (1) Any statutes or regulations made or authorised by the Council of The National University of Samoa under the provisions of The National University of Samoa Act 1984:
(a) Continue in force as if they had been made by the Council; and
(b) May be amended and revoked accordingly.
(2) Every action and decision of the Council or the Senate of The National University of Samoa which was taken while The National University of Samoa Act 1984 was in force and which under that Act was required to be under the authority of a Statute of the University shall be deemed to have been lawfully and properly taken.
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