College of The Bahamas Act


Published: 1995-06-30

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College of The Bahamas Act
COLLEGE OF THE BAHAMAS [CH.48 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

COLLEGE OF THE BAHAMAS
CHAPTER 48

COLLEGE OF THE BAHAMAS

ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY


SECTION

1. Short title.
2. Interpretation.

PART II
ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE


3. College of The Bahamas.
4. Common seal of College.
5. Functions of College.

PART III
GOVERNANCE OF THE COLLEGE


6. President.
7. Vice-Presidents.
8. Establishment of Council.
9. Pension of persons transferred from public service to the College.
10. Minister may give directions to Council.
11. Discipline of students.

PART IV
FINANCIAL PROVISIONS


12. Funds and resources of the College.
13. Monies deposited to General Account.
14. Expenditure of gifts and grants.
15. Advances to the College.
16. Surplus funds.
17. Reserve Fund.
18. Balancing of revenue account, and surplus revenue.
19. Accounts and audit.

SCHEDULE — Constitution and Procedure of The Council.


COLLEGE OF THE BAHAMAS [CH.48 – 3



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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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.

[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.

2. In this Act —
“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 estab-
lished 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 Edu-
cation;

“President” means the President of the College
appointed under section 6;

15 of 1995

Short title.

Interpretation.

CH.48 – 4] COLLEGE OF THE BAHAMAS





[Original Service 2001] STATUTE LAW OF THE BAHAMAS

“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 —

(a) suing and being sued;
(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.

(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.

Ch. 43.

College of The
Bahamas.

Common seal of
College.

COLLEGE OF THE BAHAMAS [CH.48 – 5



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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

5. The functions of the College shall be —
(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.

(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.

(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.

Functions of
College.

President.

Vice-Presidents.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.
(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

(i) to make regulations —
(i) to direct and regulate the administration of

the College;

Establishment of
Council.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

(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 —

Schedule.

Pension of per-
sons transferred
from public ser-
vice to the Col-
lege.

Ch. 43.

Ch. 43.

Minister may
give directions to
Council.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

PART IV
FINANCIAL PROVISIONS

12. The funds and resources of the College shall
consist of —

(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.

(2) The Vice-President for Financial Affairs shall
keep in respect of the General Account, two separate ac-
counts —

(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

Discipline of
students.

Funds and
resources of the
College.

Monies deposited
to General
Account.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

(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.

(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.

17. (1) The College shall establish a 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.

Expenditure of
gifts and grants.

Advances to the
College.

Ch. 359.

Surplus funds.

Reserve Fund.

Balancing of
revenue account,
and surplus
revenue.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

(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 —
(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 govern-
ment 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;

Accounts and
audit.

Constitution of
College.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

3. The Governor-General shall appoint one of the members
of the Council to be the Chairman thereof.

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.

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.

6. Where the Governor-General is satisfied that a member
of the Council —
(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.

Tenure of office.

Chairman.

Resignation.

Appointment of
Secretary.

Dismissal.

Vacancies and
acting appoint-
ment.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

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.

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.

(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.

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.

Gazetting of
appointments.

Documents.

Procedures and
meetings.

Annual report.

Council members
not liable.