Uganda Act or statute

Parliament of Uganda

Uganda National Institute of Special Education Act

Jurisdiction: Uganda
Structure: 38 provisions
Citation: Chapter 138
Dates: As at 31 Dec 2000

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Dates: As at 31 Dec 2000

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“This section provides definitions of terms used in the Act (for example "board of studies", "chairperson", "council", "director", "deputy director", "disabilities", "distance education", "educational assessment and resource services", "institute", "outreach programmes or services", "secretary", "special education", and”

This section provides definitions of terms used in the Act (for example "board of studies", "chairperson", "council", "director", "deputy director", "disabilities", "distance education", "educational assessment and resource services", "institute", "outreach programmes or services", "secretary", "special education", and "special learning needs"). Establishes the Uganda National Institute of Special Education as a body corporate and grants it powers to own property, enter contracts and act as a corporate body. The institute's seal must be authenticated by signatures of the chairperson and director (or their deputies when absent); the secretary keeps the common seal; the seal may only be affixed pursuant to a council resolution. Lists the objects (purposes) of the institute, including establishing a teacher training centre for special education and rehabilitation; maintaining a resource centre for information; undertaking research on disabilities; initiating outreach programmes for awareness; and promoting partnership and strengthening organisations of persons with disabilities. The institute has a set of functions including training personnel in special needs education, conducting research, producing and disseminating information, developing educational materials, running centres and preschools, conducting courses and examinations, outreach services, and related activities.

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Interpretation - Interpretation

Section 1

Establishment of boards and committees - Establishment of the board of studies

Establishes a board of studies and lists its membership, naming the director as chairperson, the deputy director as vice chairperson, and the dean of studies as secretary, and including representatives and elected members.

Section 10

Staff of the institute - Academic staff

Academic staff are defined to include the director, deputy director and the librarian; persons appointed on a full-time teaching or research engagement; and any other person declared by the council on the recommendation of the examinati…

Section 20

Financial provisions - Estimates

The council must, within three months before the end of each financial year, prepare and submit to the Minister for approval estimates of the institute's income and expenditure for the next year.

Section 29

Miscellaneous provisions - Regulations

The Minister may make regulations, on the recommendation of the council, to carry the Act into effect and to run the institute.

Section 38

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Showing 38 of 38 provisions

Provision 37Interpretation

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— " board of studies " means the board of studies established under section 10 ; " chairperson " means the chairperson of the council appointed under section 7 ; " council " means the governing body of the institute which is established under section 7 ; " director " means the director appointed under section 16 ; and "deputy director" means the person appointed under section 17 ; " disabilities " means lack or restriction of ability, caused by impairment, to perform any activity in a manner or within the range considered normal for a human being, within the cultural context; " distance education " means personalised learning through various appropriate communications media; " educational assessment and resource services " means a special education programme which is part of the Uganda school structure but includes community participation of parents, administrators or other professionals; " institute " means the Uganda National Institute of Special Education established under section 2 ; " outreach programmes or services " means extramural programmes or services; " secretary " means the administrative secretary of the institute provided under section 18 ; " special education " means educational approaches and programmes specially designed to meet the needs of persons having special learning needs ; " special learning needs " means needs of which one does not always know the cause, which may include significant difficulties in making use of listening, speaking, reading, writing or walking organs coupled with lack of reasoning capability which might have been caused by understimulation or social or emotional irregularities in the child’s upbringing.

Section 1Verify source

Part II

Establishment, functions and composition of the institute and council

§ 2Establishment, functions and composition of the institute and council - Establishment of the instituteProvision

Establishes the Uganda National Institute of Special Education as a body corporate and grants it powers to own property, enter contracts and act as a corporate body.

Section Establishment of the institute Section There is established an institute to be known as the Uganda National Institute of Special Education which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. The institute may, for and in connection with its functions, purchase, hold, manage and dispose of any property, movable and immovable, and may enter into contracts and other transactions as may be expedient and may do any act or thing as in law may be done by a body corporate.

Section 2Verify source

§ 3Establishment, functions and composition of the institute and council - Seal of the instituteProvision

The institute's seal must be authenticated by signatures of the chairperson and director (or their deputies when absent); the secretary keeps the common seal; the seal may only be affixed pursuant to a council resolution.

Section Seal of the institute Section The seal of the institute shall be authenticated by the signatures of the chairperson and the director in the presence of two other members of the council . In the absence of the chairperson , the vice chairperson shall sign; and in the absence of the director , the deputy director shall sign. The signatures of the chairperson and the director shall be independent of any other member signing as a witness. A certificate signed by the chairperson that a document was made or issued by or on behalf of the institute shall be conclusive evidence of the document. A document purporting to be an instrument made or issued by or on behalf of the institute , authenticated in the manner provided under subsection (1) and certified in the manner provided under subsection (4) shall be received in evidence and be deemed to be such a document without further proof unless the contrary is shown. The common seal of the institute shall be kept in the custody of the secretary , and it shall not be affixed to any document except in pursuance of a resolution of the council .

Section 3Verify source

§ 4Establishment, functions and composition of the institute and council - Objects of the instituteProvision

Lists the objects (purposes) of the institute, including establishing a teacher training centre for special education and rehabilitation; maintaining a resource centre for information; undertaking research on disabilities; initiating outreach programmes for awareness; and promoting partnership and strengthening organisations of persons with disabilities.

Section Objects of the institute Section The objects for which the institute is established are— to establish a training centre for teachers and other personnel to work in the field of special education and rehabilitation and to cater for all kinds of persons with disabilities and special learning needs ; to have a resource centre for the production and dissemination of information on persons with disabilities and special learning needs ; to undertake research in disabilities and other related fields for the better understanding and development of persons with disabilities and special learning needs ; to initiate outreach programmes to promote greater awareness among teachers, parents, leaders and the general public about persons with disabilities and special learning needs ; and to promote partnership and collaboration among agencies involved in disabilities , as well as help in bringing about enhancement of organisations of persons with disabilities .

Section 4Verify source

§ 5Establishment, functions and composition of the institute and council - Functions of the instituteProvision

The institute has a set of functions including training personnel in special needs education, conducting research, producing and disseminating information, developing educational materials, running centres and preschools, conducting courses and examinations, outreach services, and related activities.

Section Functions of the institute Section The functions of the institute are— to train teachers and other personnel working in the field of special needs education and rehabilitation to cater for all kinds of persons with disabilities and learning needs; to conduct research with an emphasis on special needs education and rehabilitation; to produce, document and disseminate information on disabilities to persons involved in special education and rehabilitation and the public as a whole; to design, construct and develop educational materials and aids and to repair and maintain such equipment; to gather and collect information on educational materials and aids for persons with disabilities and learning difficulties from other countries; to prepare brochures, journals, handouts, pamphlets and magazines for persons working in special education and rehabilitation and for persons with disabilities and special learning needs ; to conduct in-service courses for personnel working in areas of special needs education and rehabilitation; to run an orientation and mobility centre for training and demonstration purposes; to run a demonstration preschool for the training and stimulation of children with disabilities and special learning needs and to offer educational assessment for those children; to conduct distance education in special education and rehabilitation; to conduct examinations and award certificates and where necessary to revoke such awards; to initiate and run appropriate and affordable outreach or extension services; to do any other thing geared at the enhancement and development of special education and rehabilitation; and to do any other thing which is incidental to or connected with the functions in this section. The institute shall conduct courses leading to the award of diplomas by the Institute of Teacher Education, Kyambogo, under standards provided by the Institute of Teacher Education, Kyambogo, Statute, and regulations made under that Act or as may be agreed upon by the institute and the Institute of Teacher Education, Kyambogo, and shall, in connection with the awards, jointly conduct examinations leading to the awards with the Institute of Teacher Education, Kyambogo. The institute may conduct courses leading to the award of degrees by Makerere University under standards provided by the Makerere University Act, and regulations made under that Act or as may be agreed upon by the institute and Makerere University and shall, in connection with the awards, jointly conduct examinations leading to the awards with Makerere University.

Section 5Verify source

§ 6Establishment, functions and composition of the institute and council - Composition of the instituteProvision

The institute must be composed of specified categories of members; the institute must admit persons recommended by named bodies; non‑Ugandan persons who would qualify may apply and may be admitted.

Section Composition of the institute Section The institute shall be composed of— The institute shall admit persons recommended by— members of the council ; members of the appointments board; the director ; the deputy director ; all officers and staff of the institute ; full-time and part-time students of the institute , whether studying for a certificate, a diploma or a university degree; members of the institute alumni; any other person or member of a body formally admitted into association with the institute as the council may from time to time determine. Admission of persons to the institute shall be open to all citizens of Uganda accepted by the board of studies as qualified for admission without distinction of origin, sex or creed. the institute ’s admissions board to courses leading to the award of certificates; the Institute of Teacher Education, Kyambogo, to courses leading to the award of diplomas; Makerere University to courses leading to the award of degrees. A person who is not a citizen of Uganda, who would otherwise qualify for admission to the institute were he or she a Ugandan, may apply and may be admitted to the institute .

Section 6Verify source

§ 7Establishment, functions and composition of the institute and council - Establishment and composition of the councilProvision

The institute's governing body must be a council composed of specified office-holders and representatives; the chairperson is appointed by the Minister; the vice chairperson is elected by the council; members hold office for three years and may be reappointed or reelected; members may resign in writing to the secretary; vacancies are filled by the appointing or electing authority for the remainder of the term.

Section Establishment and composition of the council Section The governing body of the institute shall be a council consisting of— the chairperson , who shall be appointed by the Minister; the vice chairperson , who shall be elected by the council from among themselves; the Permanent Secretary, Ministry responsible for education; the Permanent Secretary, Ministry responsible for community development; the head of special education (administration); the head of special education (inspectorate); a representative of the Makerere University Senate; the director , National Curriculum Development Centre; the director of medical services; the principal of the Institute of Teacher Education, Kyambogo; three representatives from the nongovernmental organisations of persons with disabilities and special learning needs to be nominated by the National Union of Disabled Persons of Uganda or any other organisation established by law; the president of the Students Guild; two representatives of the academic staff elected by the academic staff association from among themselves; one representative of the workers elected by the workers union; and two representatives of parents nominated by the council . The director , deputy director and the institute ’s adviser, if any, shall be members of the council . The chairperson and other appointed or elected members of the council shall hold office for three years and shall be eligible for reappointment or reelection. A member of the council may resign office by writing addressed to the secretary . Where an elected or appointed member of the council ceases to be a member other than by effluxion of time, the appointing or electing authority shall appoint or elect another person in that place, and the elected person shall hold office for the remaining period of the person in whose place that person is appointed or elected.

Section 7Verify source

§ 8Establishment, functions and composition of the institute and council - Functions of the councilProvision

Section Functions of the council Section The functions of the council shall be— to formulate all policies of and make plans for the institute ; to supervise and control the general management and administration of the institute ; to supervise, control and evaluate the activities of the institute ; to establish departments, committees and courses of study; to hold and administer the property and funds of the institute ; to receive, on behalf of the institute , gifts, donations, grants or other monies; to provide for the welfare of the staff and students of the institute ; to enter into any association with other institutions of learning, within or outside Uganda, as the council may consider appropriate; to make byelaws governing the conduct and discipline of the staff and students, after consultations with the board of studies ; to approve all job establishments for the institute ; and to do any other thing that is incidental to the functions of the institute under this Act or any other law.

Section 8Verify source

§ 9Establishment, functions and composition of the institute and council - Meetings of the councilProvision

The meetings of the council must follow the Schedule to this Act.

Section Meetings of the council Section The meetings of the council shall be as is provided in the Schedule to this Act.

Section 9Verify source

Part III

Establishment of boards and committees

§ 10Establishment of boards and committees - Establishment of the board of studiesProvision

Section Establishment of the board of studies Section There is established a board of studies consisting of— the director who shall be the chairperson ; a representative of affiliated higher institutes of learning as may be recognised by the council ; the deputy director who shall be the vice chairperson ; two representatives of the council ; a representative of the Institute of Teacher Education, Kyambogo; a representative of Makerere University Senate; a representative of the Ministry responsible for education; a representative of the Uganda National Examinations Board; heads of departments; the dean of studies; and two members elected by the academic staff association. The dean of studies shall be the secretary to the board of studies .

Section 10Verify source

§ 11Establishment of boards and committees - Functions of the board of studiesProvision

The board of studies shall perform a set of academic functions, including initiating proposals on standards, determining syllabi and curricula, proposing admission standards, regulating examinations, appointing examiners, proposing byelaws on proficiency, deciding award fitness, submitting programmes to universities, and doing related tasks.

Section Functions of the board of studies Section The functions of the board of studies shall be— to initiate proposals relating to standards of any course of study in respect of any award of the institute and recommend proposals to the council for its approval; to determine syllabi uses and curricula in respect of the courses of study offered by the institute ; to propose standards for eligibility of persons for admission to any course of study offered or supervised by the institute ; to set regulations regarding the conduct and supervision of examinations in any course of study offered or supervised by the institute ; to appoint examiners and moderators of examinations offered by the institute ; to propose byelaws to be made by the council regarding the standard of proficiency to be gained in each examination for any award; to decide on persons who have reached the standards of proficiency under paragraph (f) and are fit for any award; to initiate, prepare, evaluate and submit academic programmes to Makerere University Senate, to the Institute of Teacher Education, Kyambogo, academic board or to any other university as may be approved by the council ; to do any other thing connected with any of the above functions.

Section 11Verify source

§ 12Establishment of boards and committees - Committees of the board of studiesProvision

The board of studies may appoint committees as it considers necessary for better functioning of the board.

Section Committees of the board of studies Section The board of studies may appoint such number of committees as it may see fit for the better functioning of the board.

Section 12Verify source

§ 13Establishment of boards and committees - Meetings of the board of studiesProvision

The board of studies must meet at least once in the institute's academic year; meetings are held where the director determines; the director may call meetings at any time and must call a meeting within fourteen days of a requisition signed by not less than six members; the director presides (deputy director in absence, otherwise members elect a temporary chair); one-third of members is a quorum; questions decided by simple majority with the presiding person having a casting vote; the board may regulate its own procedure and that of its committees.

Section Meetings of the board of studies Section The board of studies shall meet for the discharge of its functions at least once in the academic year of the institute . Meetings of the board shall be held at a place to be determined by the director at the time of calling a meeting. The director may at any time call a meeting of the board and shall call a meeting within fourteen days after receipt of a requisition for that purpose addressed to the director and signed by not less than six members of the board. The director shall preside at all meetings of the board, and in the absence of the director , the deputy director shall preside; and in the absence of both the director and deputy director , the members present and constituting a quorum shall elect a temporary chairperson from their number. One-third of the members shall form a quorum of the board at any meeting of the board. Any question before the board shall be decided by a simple majority of the members present and voting; and in case of equality of votes, the person presiding shall have a casting vote. Subject to this Act, the board may regulate its own procedure and the procedure of any of its committees.

Section 13Verify source

§ 14Establishment of boards and committees - Appointments boardProvision

The council must appoint an appointments board of 5–10 members (including persons with disabilities and special learning needs); that board must appoint most institute staff (excluding director and deputy director) following its procedures, with terms determined by the council and special rules for seconded members.

Section Appointments board Section The academic staff, the administrative staff and other employees of the institute shall be appointed— There shall be an appointments board consisting of not less than five and not more than ten members appointed by the council from among its members and the general public including persons with disabilities and special learning needs . Members of the appointments board who are not members of the council shall be appointed from among persons of high integrity qualifying for appointment by virtue of their professional knowledge and experience in education, research, administration, documentation, rehabilitation, law or any other relevant profession. The academic staff, other than the director and deputy director , and the administrative and other employees of the institute shall be appointed by the appointments board in accordance with the procedure laid down by the appointments board. on terms and conditions that may be determined by the council ; in case of members seconded to the institute , on terms and conditions that may be agreed upon between the council and the seconding body.

Section 14Verify source

§ 15Establishment of boards and committees - Other committeesProvision

The institute may have other committees as the council may determine.

Section Other committees Section The institute may have such other committees as the council may determine.

Section 15Verify source

Part IV

Staff of the institute

§ 16Staff of the institute - Office of directorProvision

Provides for a director appointed by the Minister (in consultation with the council) who serves five years, may be reappointed once, is the chief academic and executive officer and full-time employee, is responsible for institute operations, funds and staff, and whose appointment the Minister may terminate on council recommendation for misbehaviour, inability to perform duties, or other sufficient cause.

Section Office of director Section Subject to the general supervision and control of the council , the director shall be responsible for— The Minister may, on the recommendation of the council , terminate the appointment of the director for— There shall be a director who shall be appointed by the Minister, in consultation with the council , on terms and conditions that may be specified in the instrument of appointment. The director shall hold office for a period of five years and shall be eligible for reappointment for only one consecutive term. The director shall be the chief academic and executive officer of the institute and shall be a full-time employee of the institute . the day-to-day operations of the institute ; the management of the funds, property and business of the institute ; the administration, organisation and control of all officers and other staff. misbehaviour; inability to perform the functions of the office; or any other sufficient cause.

Section 16Verify source

§ 17Staff of the institute - Office of deputy directorProvision

There shall be a deputy director appointed by the Minister (in consultation with the council) who must qualify by professional knowledge and experience; the deputy director must act for the director when absent and perform other duties directed by the director or council.

Section Office of deputy director Section There shall be a deputy director who— shall be appointed by the Minister in consultation with the council on terms and conditions that may be specified in the instrument of appointment; and shall qualify for appointment by virtue of his or her professional knowledge and experience in special education and rehabilitation. The deputy director shall perform the functions of director in the absence of the director from office and shall perform such other duties as the director or the council may direct. Section 16 (5) shall apply to the deputy director.

Section 17Verify source

§ 18Staff of the institute - Administrative secretaryProvision

The council appoints an administrative secretary on the appointments board's recommendation; the secretary coordinates nonteaching departments and administration, records council minutes, keeps institute documents, and performs other duties as directed.

Section Administrative secretary Section There shall be an administrative secretary of the institute who shall be appointed by the council on the recommendation of the appointments board on terms and conditions that may be determined by the council . The administrative secretary shall be the coordinator of all nonteaching departments and of the general administration as a whole. The administrative secretary shall be responsible for recording the minutes of the council and keeping custody of all documents of the institute and shall carry out such other duties as the director or the council may direct with special reference to the administration of the nonteaching activities of the institute .

Section 18Verify source

§ 19Staff of the institute - Other officersProvision

Lists the institute's other officers and assigns specific responsibilities to several named officers.

Section Other officers Section There shall be the following other administrative officers— The institute shall have the following other officers— the dean of studies, who shall be responsible for the registration of all students and coordination of all academic matters as a whole, as well as all teaching departments; the dean of students, who shall be responsible for the students’ welfare; the chief finance administration officer, who shall be responsible for all finance matters and matters pertaining to the keeping of stores; the chief information and documentation officer who shall be responsible for the information and documentation department; and the chief educational production officer who shall be responsible for the production of educational aids and materials. the medical officer; the estates officer; the librarian; and a social worker or a counsellor.

Section 19Verify source

§ 20Staff of the institute - Academic staffProvision

Section Academic staff Section The academic staff shall consist of— the director , deputy director and the librarian; persons appointed on a full-time teaching or research engagement; and any other person as may be declared by the council on the recommendation of the examinations board to be engaged in any academic work connected with the institute in an honorary, associate or part-time capacity.

Section 20Verify source

§ 21Staff of the institute - Other staffProvision

The institute must have other officers and employees as may be determined by the council, and those officers and employees must hold office on terms and conditions that may be determined by the council.

Section Other staff Section The institute shall have other officers and employees as may be determined by the council , and the officers and other employees shall hold office on terms and conditions that may be determined by the council .

Section 21Verify source

§ 22Staff of the institute - Staff responsible to the councilProvision

All members of staff must be responsible to the council, employed full-time except where the instrument of appointment provides otherwise, and appointed by the appointments board except where this Act provides otherwise.

Section Staff responsible to the council Section All members of staff, whether administrative, academic or other category of employees, shall be— responsible to the council through the proper administrative setup; employed on a full-time basis except where it is otherwise expressly provided in the instrument of appointment; and appointed by the appointments board except where the provisions of this Act provide otherwise.

Section 22Verify source

§ 23Staff of the institute - Incapacity of member of staffProvision

If a staff member is incapacitated, the director may appoint someone to carry out that member's duties; if the director is incapacitated, the deputy director must perform the director's duties.

Section Incapacity of member of staff Section Where a member of staff is incapacitated, whether through absence from station, illness or other reason, the director may appoint a suitable person to perform the duties of the incapacitated member of staff during that incapacity. Where the director is incapacitated, whether through absence from station, illness or other reason, the deputy director shall perform the duties of the director .

Section 23Verify source

Part V

Financial provisions

§ 24Financial provisions - Funds of the instituteProvision

The institute's funds are composed of government grants, loans, donations and monies receivable; the institute may operate a bank account in a council‑determined bank.

Section Funds of the institute Section The funds of the institute shall consist of— grants from the Government; loans from the Government, organisations or any person; donations that may be made to the institute ; and monies that may become payable to the institute in the discharge of its functions. The institute may operate a bank account in a bank determined by the council .

Section 24Verify source

§ 25Financial provisions - Management of funds and property of the instituteProvision

The council must manage, use or expend all funds, assets and property of the institute to promote the institute's functions, and the council may charge or dispose of institute property.

Section Management of funds and property of the institute Section All funds, assets and property of the institute shall be managed, used or expended by the council in a manner and for purposes which, in the opinion of the council , would promote the functions of the institute . The council may charge or dispose of any property of the institute .

Section 25Verify source

§ 26Financial provisions - InvestmentProvision

The council may invest its funds in securities issued or guaranteed by the Government or in other securities approved by the council.

Section Investment Section The council may invest any of its funds in any securities issued or guaranteed by the Government or in any other securities approved by the council .

Section 26Verify source

§ 27Financial provisions - Borrowing powersProvision

The council may borrow money with the Minister's approval; the terms may be agreed by the council and the lender.

Section Borrowing powers Section The council may, with the approval of the Minister, borrow money on terms that may be agreed upon by the council and the person lending the money.

Section 27Verify source

§ 28Financial provisions - Financial yearProvision

The institute's financial year runs from 1 July to 30 June.

Section Financial year Section The financial year of the institute shall be the twelve months beginning from the 1st day of July and ending on the 30th day of June.

Section 28Verify source

§ 29Financial provisions - EstimatesProvision

The council must, within three months before the end of each financial year, prepare and submit to the Minister for approval estimates of the institute's income and expenditure for the next year.

Section Estimates Section The annual estimates shall include all the income and expenditure of the institute for that financial year and shall include— The council shall, within three months before the end of each financial year, make and submit to the Minister for approval estimates of the income and expenditure of the institute for the next ensuing year. payment of all salaries, allowances and other charges in respect of the staff; payment of pensions, gratuities and other charges regarding retirement benefits payable out of the funds of the institute ; charges for the maintenance of the buildings and other assets of the institute , including the repair and replacement of equipment and other movable property of the institute ; the cost of teaching and research activities in the institute ; a reserve fund for future contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or other matters as the council may consider fit. No expenditure shall be made out of the funds of the institute unless the expenditure has been approved by the Minister under estimates for the year in which the expenditure is to be made or in any other estimates supplementary to those estimates.

Section 29Verify source

§ 30Financial provisions - Accounts and auditProvision

Requires the council to keep accounts and prepare annual financial statements by 31 March, submit accounts to the Auditor General within four months of year-end, and deliver audited accounts to the Minister for tabling; gives the Auditor General access to records and requires audit within three months of receiving the final accounts.

Section Accounts and audit Section The council shall keep proper books of account and shall prepare the annual financial statement of account for the immediately preceding financial year not later than the 31st day of March in the following year. The statement of account of the institute shall, in respect of each year, be audited by the Auditor General or an auditor appointed by the Auditor General. The council shall ensure that within four months from the end of each financial year, a statement of account of the institute is submitted to the Auditor General for auditing. The Auditor General or an auditor appointed by him or her shall be entitled to have access to all books of account, vouchers and other financial records of the institute and to require any information and explanation as he or she requires. The Auditor General shall audit and deliver to the council a copy of the audited accounts together with his or her report on them not later than three months from the date of receipt of the final accounts. The council shall, within one month from receipt of the audited accounts and the Auditor General’s report on them, deliver a copy to the Minister who shall table it before Parliament. Any fee for an auditor who is not an employee of the Government shall be fixed and paid by the council with the approval of the Minister.

Section 30Verify source

Part VI

Miscellaneous provisions

§ 31Miscellaneous provisions - ContractsProvision

Contracts on behalf of the institute must follow specified forms: certain contracts may be made in writing signed by a person acting under the institute's authority, and some may be made by parole by a person acting under its authority.

Section Contracts Section Contracts on behalf of the institute shall be made in the following manner— a contract which if made between private persons would be by law required to be in writing and under seal may be made on behalf of the institute under the seal of the institute ; a contract which if made between private persons would be by law required to be made in writing signed by the parties to be charged may be made on behalf of the institute in writing, signed by a person acting under its authority express or implied; a contract which if made between private persons would be by law valid although made by parole only and not reduced into writing may be made by parole on behalf of the institute by a person acting under its authority. A contract made according to subsection (1) shall be effectual in law and shall bind the institute and its successors and all other parties to it. A contract made under subsection (1) may be varied or discharged in the same manner in which it is authorised to be made.

Section 31Verify source

§ 32Miscellaneous provisions - Exemption from taxProvision

The institute is exempted from paying stamp duties and from paying import duties, sales tax or other taxes or duty on goods it imports for its functions that are not for resale to the public.

Section Exemption from tax Section The institute shall be exempted from— the payment of stamp duties under the Stamps Act; the payment of import duties, sales tax or other taxes or duty that is or may be specifically imposed under any written law on any goods imported by the institute in furtherance of its functions and which are not for resale to the public.

Section 32Verify source

§ 33Miscellaneous provisions - Service of documentsProvision

Documents may be served on the institute by delivering them to the office or sending them by courier, registered post, telefax, or electronic mail.

Section Service of documents Section Any document may be served on the institute by delivering it to the office or sending it by courier, registered post, telefax or electronic mail.

Section 33Verify source

§ 34Miscellaneous provisions - Annual reportProvision

The council must send an annual report to the Minister within three months after the end of each calendar year; the Minister must lay that report before Parliament.

Section Annual report Section The council shall within three months after the end of each calendar year send to the Minister a report on the activities of the institute for that year, and the Minister shall lay it before Parliament.

Section 34Verify source

§ 35Miscellaneous provisions - Minister’s powers of directionProvision

The Minister may give general policy directions to the council, and the council must comply.

Section Minister’s powers of direction Section The Minister may give directions of a general nature on policy matters to the council , and the council shall comply.

Section 35Verify source

§ 36Miscellaneous provisions - Institute to work with organisationsProvision

The institute may, in its activities, work with nongovernmental organisations interested in persons with disabilities and special learning needs.

Section Institute to work with organisations Section The institute may, in its activities, work with nongovernmental organisations having interest in persons with disabilities and special learning needs .

Section 36Verify source

§ 37Miscellaneous provisions - ByelawsProvision

The council may, with the approval of the Minister, make byelaws for the general administration of the institute; and the council may, after consultation with the board of studies, make byelaws providing for the academic organisation (admission, courses, terms, awards), scholarships, and connections with other institutions.

Section Byelaws Section The council may, with the approval of the Minister, make byelaws for the general administration of the institute and without prejudice to the generality of the foregoing, shall— The council may, after consultation with the board of studies , make byelaws providing for— establish departments and constituent colleges of the institute ; provide the description of the awards of the institute ; provide the requirements for the awards; regulate the conduct of examinations; establish terms and conditions of service of its employees; regulate the constitution and procedure of the meetings of the council ; regulate the establishment, composition and terms of reference of its committees; determine the scales of fees and boarding charges; provide for the constitution, functions and privileges of the students association; regulate or provide for any other thing which requires regulating or provision in the performance of its functions. the academic organisation of the institute and, in particular, admission to the institute , the courses of instruction, the duration and number of terms of the institute and the granting of awards of the institute ; the grant of scholarships and studentship; matters regarding connection of the institute with other institutions.

Section 37Verify source

§ 38Miscellaneous provisions - RegulationsProvision

The Minister may make regulations, on the recommendation of the council, to carry the Act into effect and to run the institute.

Section Regulations Section The Minister may, on the recommendation of the council , make regulations generally for better carrying into effect the provisions of this Act and for the better running of the institute .

Section 38Verify source

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31 Dec 2000 · currentEnglish

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