CHAPTER 30:13
MALAWI UNIVERSITY OF SCIENCE AND TECHNOLOGY

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE UNIVERSITY

   3.   Establishment of the Malawi University of Science and Technology

   4.   Membership of the University

   5.   Aims and objectives of the University

   6.   Powers of the University

PART III
THE COUNCIL

   7.   Establishment of the Council

   8.   Composition of the Council

   9.   Functions and powers of the Council

   10.   Vacancies on the Council

   11.   Meetings and procedures of the Council

   12.   Common Seal of the Council

PART IV
OFFICERS OF THE UNIVERSITY

   13.   Chancellor

   14.   Vice-Chancellor

   15.   Deputy Vice-Chancellors

   16.   Registrar

   17.   Director of Finance

   18.   Librarian

PART V
THE SENATE

   19.   The Senate

   20.   Functions and powers of the Senate

   21.   Meetings of the Senate

   22.   Invited persons

PART VI
COLLEGES, SCHOOLS, FACULTIES, DIVISIONS, CENTRES AND INSTITUTES

   23.   Colleges, Schools, Faculties, Divisions, Centres and Institutes

   24.   Directors

   25.   Dean

   26.   Head of Department

   27.   Composition of Faculties and Departments

   28.   Faculty Board

   29.   Composition of Centres and Institutes

PART VII
FINANCIAL PROVISIONS

   30.   Funds and property of the University

   31.   Compliance with Acts

   32.   Audit of Accounts

   33.   Accounts and funds

   34.   Borrowings

PART VIII
MISCELLANEOUS PROVISIONS

   35.   The Statutes

   36.   Amendments to the Statutes

   37.   Senate Regulations

   38.   Service of process and other documents on the Council

   39.   Transfer of assets, liabilities, etc.

   40.   Transfer of employees

31 of 2012
G.N. 9/2013

An Act to make provision for the establishment of the Malawi University of Science and Technology; for the conduct and management of the University; and for matters incidental to and connected therewith

[1ST MAY, 2013]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Malawi University of Science and Technology Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   "academic staff" means all persons for the time being holding appointments, whether on full time, part time or adjunct, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, staff associates, instructors or demonstrators of the University, including those whose conditions of service contain the obligation to undertake research, and the senior professional staff of the library, or any other post declared by the Senate by category or title to be an academic post;

   "Administrative staff" means all persons for the time being holding appointments, whether on full time or part time basis, under contract with the Council, in the administration of the affairs of the University;

   "Centre" means a Centre within the University established under section 23;

   "Chairperson" means the Chairperson of the Council appointed pursuant to section 8;

   "Chancellor" means the Chancellor of the University appointed pursuant to section 13;

   "College, School, Faculty or Division" means a College, School, Faculty or Division respectively within the University, established under section 23;

   "Committee" includes a sub-committee;

   "Council" means the Council of the University established under section 7;

   "Dean" means the Executive Dean of a Faculty, Dean of students, or of postgraduate studies appointed pursuant to section 25;

   "Deputy Vice-Chancellor" means the Deputy Vice-Chancellor appointed pursuant to section 15;

   "Director of Finance" means the Director of Finance appointed pursuant to section 17;

   "Financial year" means the period commencing on the date of commencement of this Act and ending on the 30th of June next following the commencement date and thereafter the period of twelve months ending on 30th June, in each year;

   "Institute" means an Institute within the University established under section 23;

   "Librarian" means the Librarian of the University appointed pursuant to section 18;

   "Organization" means any company, association or body of persons, corporate or unincorporated, but does not include any association or body established or incorporated under this Act;

   "property of the University" means any property, intellectual, real or personal, of every description, vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University;

   "Registrar" means the Registrar of the University appointed pursuant to section 16;

   "Senate" means the Senate of the University established under section 19;

   "Senate Regulations" means Senate Regulations made pursuant to section 37;

   "Statutes" mean the Statutes made pursuant to section 35;

   "University" means the Malawi University of Science and Technology established under section 3;

   " Vice-Chancellor" means the Vice-Chancellor of the University appointed pursuant to section 14.

PART II
ESTABLISHMENT OF THE UNIVERSITY

3.   Establishment of the Malawi University of Science and Technology

   There is hereby established a University to be known as the Malawi University of Science and Technology.

4.   Membership of the University

   (1) The University shall consist of the following members—

   (a)   the Chancellor;

   (b)   the Vice-Chancellor;

   (c)   Deputy Vice-Chancellors;

   (d)   the Registrar;

   (e)   the Director of Finance;

   (f)   the Librarian;

   (g)   members of the Council;

   (h)   members of the Senate;

   (i)   all graduates of the University;

   (j)   all holders of Honorary Degrees from the University;

   (k)   all Deans of Faculty of the University;

   (l)   all Directors of the Centre and the Institute;

   (m)   all other members of the academic, non-academic and administrative staff of the University;

   (n)   all persons for the time being registered as students of the University; and

   (o)   such other persons as the Council may by name or office declare to be members of the University.

   (2) Any person who is a member of the University solely by virtue of possessing any qualification from the University shall continue to be a member so long as he possesses that qualification.

   (3) The Registrar shall keep and maintain a register of members of the University, which shall be available for scrutiny by the general public at all reasonable times.

5.   Aims and objectives of the University

   The aims and objectives of the University include—

   (a)   to provide quality holistic education in fisheries science, ecosystem management, recreation and tourism, water transport and green belt initiatives;

   (b)   to encourage the advancement of knowledge, dissemination and commercialization of research products;

   (c)   to promote industrial growth through research and dissemination of knowledge;

   (d)   to establish and support marine and fisheries innovation centres of excellence for industrial production and growth;

   (e)   to develop partnerships with industry for the generation, transfer, adoption and application of technologies;

   (f)   to develop into an institution of excellence in teaching, learning, training, research, consultancy and dissemination of knowledge in fisheries science, ecosystem management, recreation and tourism, water transport and green belt initiatives;

   (g)   to encourage such university education, research and training so as to respond to the needs of Malawi, Africa and the whole world;

   (h)   to promote entrepreneurship among its students; and

   (i)   to provide specialist training in such subjects as may be deemed desirable for such purposes by the Council.

6.   Powers of the University

   Subject to this Act and the Statutes, the University shall award and confer Degrees, Diplomas, Certificates and other academic distinctions, including Honorary Degrees and distinctions.

PART III
THE COUNCIL

7.   Establishment of the Council

   There is hereby established the Council of the University, which shall be a body corporate with perpetual succession and a common seal and shall be capable under that name, of—

   (a)   suing and being sued;

   (b)   acquiring by purchase, gift, devise, bequest, operation of law, or otherwise, real or personal property wherever situated, or any right or interest therein, and holding the same in any capacity including that of trustee;

   (c)   granting, selling, mortgaging, hypothecating, alienating, assigning, leasing or letting real or personal property; and

   (d)   subject to this Act, doing and performing all such acts and things as a body corporate may by law do and perform, or such as are incidental or appertain to a body corporate.

8.   Composition of the Council

   (1) The Council shall consist of—

   (a)   the Chairperson, who shall be appointed by the President;

   (b)   the Vice-Chancellor;

   (c)   Deputy Vice-Chancellors;

   (d)   four independent members from the private sector appointed by the Chancellor, two of whom shall be women;

   (e)   a member of the Senate appointed from its membership;

   (f)   one female member and one male member elected by the Malawi University of Science and Technology Students Union; and

   (g)   the following ex officio members—

      (i)   the Secretary for Education, Science and Technology, or his nominee;

      (ii)   the Chief Executive Officer of the National Council for Higher Education, or his nominee;

      (iii)   the Secretary for Transport, or his nominee; and

      (iv)   the Secretary to the Treasury, or his nominee.

   (2) The ex officio members of the Council shall remain members for as long as they hold the offices, or the nominations, by virtue of which they became members.

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