Uganda Act or statute

Parliament of Uganda

Islamic University in Uganda Act

This section provides definitions of terms used in the Act (for example: "academic staff", "academic year", "council", "student", "university", and others). Establishes the Islamic University in U…

Jurisdiction: Uganda
Structure: 30 provisions
Citation: Chapter 131
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act (for example: "academic staff", "academic year", "council", "student", "university", and others).”

This section provides definitions of terms used in the Act (for example: "academic staff", "academic year", "council", "student", "university", and others). Establishes the Islamic University in Uganda and describes its corporate status, powers to hold property and transact, and ability to sue or be sued. Lists the categories of persons who are members of the university. The university may establish a branch in other parts of Uganda or in any other African country. The university is authorised to pursue a range of objects and functions and may undertake specified activities (academic/cultural functions, promoting Islamic and African culture/science, teaching Arabic, assisting African countries with science and technology, training manpower, promoting activities, awarding its own awards, and carrying out incidental activities as the council deems appropriate).

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Interpretation - Interpretation

This section provides definitions of terms used in the Act (for example: "academic staff", "academic year", "council", "student", "university", and others).

Section 1

Constituent faculties and institutes of the university - Compulsory teaching of Arabic and Islamic studies in certain faculties

The university must require passing Arabic and Islamic studies as a prerequisite to awarding degrees, diplomas, certificates or other awards, subject to specified exceptions.

Section 8

Staff of the university - Appointment and control of staff

Creates an appointments committee (nine members appointed by the council) and makes staff subject to the authority of the council and the rector; the appointments committee is responsible to the council for appointment, promotion, removal and discipline of…

Section 50

Immunities and privileges of the university - Interpretation of Part X

References in the agreement to the university's statute, "financial regulations" or "procedure rules" are to be treated as references to this Act and to rules made by the executive board under section 20.

Section 64

General - Dissolution of the university

Section 71

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Showing 30 of 30 provisions

Provision 26Interpretation 2CommencementAmendment

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

This section provides definitions of terms used in the Act (for example: "academic staff", "academic year", "council", "student", "university", and others).

Section Interpretation Section In this Act, unless the context otherwise requires— " academic staff " has the meaning assigned to it by section 51 ; " academic year " means a period determined by the council under section 13 ; " administrative staff " means the secretary , the registrar , the bursar , the coordinator , the engineer and such other members of staff not engaged in teaching or research as the council may from time to time determine; " appointments committee " means the appointments committee appointed under section 50 ; " bursar " means the bursar of the university appointed under section 30 ; " chairperson " means the chairperson of the council elected under section 11 ; " coordinator " means the coordinator of the university appointed under section 32 ; " council " means the university council established under section 9 ; " dean " means the dean of a faculty elected under section 40 ; " deputy dean " means the deputy dean elected under section 41 ; " deputy director " means the deputy director elected under section 41 ; " director " means the director of an institute elected under section 40 ; " East Africa " means Kenya, Uganda and Tanzania; " engineer " means the engineer of the university appointed under section 34 ; " executive board " means the executive board established by section 9 ; " faculty " means a faculty established by or under section 7 ; " faculty members " has the meaning assigned to it in section 38 ; " financial year " means a continuous period of twelve months prescribed under section 57 ; " general secretariat " means the general secretariat of the organisation ; " institute " means an institute established by the council under section 7 ; " librarian " means the librarian of the university appointed under section 36 ; " member State " means a member State of the organisation ; " Minister " means the Minister to whom responsibility for this Act has for the time being been assigned by the President; " organisation " means the Organisation of the Islamic Conference; " rector " means the rector of the university appointed under section 22 ; " registrar " means the registrar of the university appointed under section 28 ; " secretary " means the secretary of the university appointed under section 26 ; " secretary general " means the secretary general of the organisation ; " statute " means a statute made by the council under section 69 ; " student " means a person accepted by the university for study or research on a regular basis and in accordance with statutes made by the council ; " university " means the Islamic university in Uganda established by section 2 ; " vice rector " means a vice rector of the university appointed under section 24 .

Section 1

Part II

Establishment of the university

§ 2Establishment of the university - EstablishmentProvision

Establishes the Islamic University in Uganda and describes its corporate status, powers to hold property and transact, and ability to sue or be sued.

Section Establishment Section There is established in Uganda a university to be known as the Islamic University in Uganda. The university shall be a body corporate, shall have perpetual succession and a common seal and may sue or be sued in its corporate name. The university may, for any purpose in connection with its objects and functions under this Act, purchase, hold, mortgage and dispose of any property, whether movable or immovable, and may enter into any contract and other transactions as may be expedient, and may do or suffer any other act or thing as in law may be done or suffered by a body corporate, subject to this Act.

Section 2

§ 3Establishment of the university - Members of the universityProvision

Lists the categories of persons who are members of the university.

Section Members of the university Section The members of the university are— members of the council ; members of the executive board ; the rector ; the vice rectors; the secretary , registrar , bursar , coordinator , engineer and librarian ; deans of faculties and directors of institutes; deputy deans of faculties and deputy directors of institutes; faculty members and other academic staff ; students of the university ; and such other members of the staff of the university or of any body formally admitted into association with the university as the council may, subject to this Act, determine.

Section 3

§ 4Establishment of the university - Location of the universityProvision

The university may establish a branch in other parts of Uganda or in any other African country.

Section Location of the university Section The seat of the university shall be at Mbale in the Republic of Uganda, but the university may establish a branch of the university in any other part of Uganda or in any other African country or both.

Section 4

Part III

Objects and functions of the university

§ 5Objects and functions of the university - Objects and functions of the universityProvision

The university is authorised to pursue a range of objects and functions and may undertake specified activities (academic/cultural functions, promoting Islamic and African culture/science, teaching Arabic, assisting African countries with science and technology, training manpower, promoting activities, awarding its own awards, and carrying out incidental activities as the council deems appropriate).

Section Objects and functions of the university Section The objects and functions of the university are— Without prejudice to the general effect of subsection (1), the university may— to function as an academic and cultural institution within the organisation in accordance with this Act; to promote and enhance the civilisation and scientific influence of Islam, to promote culture and science among African peoples and to contribute to rapport and solidarity between such peoples; to give special care to Islamic studies and research, teach Arabic and make maximum contribution to the spread of Islamic culture in African countries; to enable African countries to assimilate science and technology, to acquire scientific and technological know-how and to use it in the best interests of African countries and their peoples; to train adequate manpower and secure the necessary methods for higher education, scientific research and advanced studies in the various fields of science, arts and learning generally; and to promote cultural, sports, social and scientific activities within the university . award its own degrees, diplomas, certificates and other academic awards; and carry on such other activities as may appear to the council to be incidental or conducive to the attainment of the objects specified in subsection (1).

Section 5

§ 6Objects and functions of the university - Teaching languages at the universityProvision

Teaching at the university must be conducted in English and in Arabic; the council determines this for any subject or course of study.

Section Teaching languages at the university Section Subject to this Act, teaching at the university shall be conducted in English and in Arabic as shall be determined by the council in the case of any subject or any course of study.

Section 6

Part IV

Constituent faculties and institutes of the university

§ 7Constituent faculties and institutes of the university - Faculties and institutes of the universityProvision

The university must have specified faculties; the council must establish faculties and institutes as it deems expedient and may replace or modify them.

Section Faculties and institutes of the university Section In the first instance, the university shall have the following faculties— The council shall, at such times and places at it may think fit, establish in the university such faculties and institutes as may appear to it expedient having regard to available resources of the university . a faculty of Islamic studies and Arabic language; a faculty of education; a faculty of medicine; a faculty of social studies; and a faculty of business studies and public administration. The council may, at any time, replace or modify any faculty or institute established by or under this Act.

Section 7

§ 8Constituent faculties and institutes of the university - Compulsory teaching of Arabic and Islamic studies in certain facultiesProvision

The university must require passing Arabic and Islamic studies as a prerequisite to awarding degrees, diplomas, certificates or other awards, subject to specified exceptions.

Section Compulsory teaching of Arabic and Islamic studies in certain faculties Section Except as otherwise provided in subsection (2), the teaching of Arabic and Islamic studies shall be compulsory to all students; and passing in those subjects shall be a prerequisite to the award of a degree, diploma or certificate or other award by the university . Subsection (1) shall not have the effect of requiring the passing in Arabic and Islamic studies in the case of awards in respect of medicine, engineering, agriculture, veterinary science and any other subject prescribed by the council .

Section 8

Part IX

Finance

§ 54Finance - Investment of fundsProvision

The executive board may, with the prior approval of the council, invest university funds not immediately required in securities approved by the council or place such funds on deposit at a bank determined by the executive board.

Section Investment of funds Section The executive board may— with the prior approval of the council , invest in such securities as the council may approve, any funds of the university not immediately required for the purposes of the university ; or place any such funds on deposit at such bank as the executive board may determine.

Section 54

§ 55Finance - Borrowing powersProvision

The executive board may, with the prior approval of the council, borrow money for the university and may charge university assets to secure repayment.

Section Borrowing powers Section The executive board may, with the prior approval of the council , borrow by way of overdraft or otherwise from a banker or any other person, such sums as may be necessary for meeting the obligations of the university and for carrying out the objects and functions of the university . The executive board may, with the prior approval of the council , for the purposes of any borrowing under subsection (1), charge any asset or property of the university with the repayment of any money so borrowed.

Section 55

§ 56Finance - BudgetProvision

The budget of the university shall be financed from: annual and regular assistance from the Islamic Solidarity Fund; voluntary contributions from member States; donations, subsidies, grants and legacies; revenue from management of the university's estates and related projects; and university fees.

Section Budget Section The budget of the university shall be financed from the following— annual and regular assistance from the Islamic Solidarity Fund; voluntary contributions from member States; donations, subsidies, grants and legacies; revenue derived from the management of estates of the university and related projects; and university fees.

Section 56

§ 57Finance - Financial yearProvision

The council may declare that the university's financial year is a continuous period of twelve months.

Section Financial year Section The financial year of the university shall be such continuous period of twelve months as the council may declare to be the financial year of the university .

Section 57

§ 58Finance - EstimatesCommencement

The executive board must prepare and submit annual income and expenditure estimates to the council; after the council approves the estimates, no expenditure may be incurred except as approved in those estimates or in a council‑approved supplementary estimate.

Section Estimates Section Within such period before the commencement of the financial year as the council may determine, the executive board shall cause to be prepared for submission to the council for its approval estimates of income and expenditure of the university in respect of that financial year . Upon the approval of the council of the estimates submitted under subsection (1), no expenditure shall be incurred otherwise than expenditure approved by the council in the estimates, unless that expenditure is covered by a supplementary estimate approved by the council in respect of that financial year .

Section 58

§ 59Finance - AccountsProvision

The executive board must prepare and submit yearly accounts to the council (not later than four months after the financial year end), and must keep proper books and records; the statement of account must include specified financial statements and any other information the council requires.

Section Accounts Section The executive board shall cause to be prepared for submission to the council for its approval, in respect of each financial year and not later than four months after the end of the financial year , a statement of account which shall include— The executive board shall cause to be kept proper books of account of all income and expenditure of the university and proper records in relation to them. a balance sheet, a statement of income and expenditure and a statement of assets and liabilities in respect of that financial year ; and any other information in respect of the financial affairs of the university as the council may require.

Section 59

§ 60Finance - AuditProvision

An auditor appointed by the executive board must audit the university's accounts each financial year; the auditor has rights of access to records and information, must submit a report to the council, and the council must forward a copy with comments to the organisation. The auditor must state whether proper books were kept, the statement is consistent with the prior year and agrees with the books, and that income and expenditure give a true and fair view.

Section Audit Section The auditor appointed under subsection (1) shall state whether in his or her opinion— the statement of account referred to in section 59 (2)— The accounts of the university shall, in respect of each financial year , be audited by an auditor appointed by the executive board . The statement of account referred to in section 59 (2) shall be submitted to the auditor appointed under subsection (1). The auditor appointed under subsection (1) shall have access to all books of account and financial records of the university and be entitled to have any information and explanation required by him or her in relation to them as he or she may think fit. proper books of account have been kept by the university ; was prepared on a basis consistent with that of the preceding year and is in agreement with the books of account; and in the case of the income and expenditure, gives a true and fair view of the income and expenditure of the university for the financial year . The auditor appointed under subsection (1) shall submit his or her report to the council , and the council shall cause a copy of the report together with its comments on the report to be forwarded to the organisation .

Section 60

Part VIII

Staff of the university

§ 50Staff of the university - Appointment and control of staffProvision

Section Appointment and control of staff Section All members of staff, whether academic or administrative, and any other category of employee of the university shall— There shall be an appointments committee consisting of nine members appointed by the council on such terms and conditions as the council may determine. The appointments committee shall, except as otherwise provided by this Act, be responsible to the council for the appointment, promotion, removal from service and discipline of all officers of the academic and administrative staff in the service of the university . be subject to the general authority of the council and the rector ; except where it is otherwise expressly provided in relation to any other category of employees, be deemed to be employed on a full-time basis.

Section 50

§ 51Staff of the university - Appointment of academic staffProvision

The appointments committee must appoint the university's academic staff (subject to sections 40, 41, 47 and 49) and appointments must follow statutes; the council may determine terms and conditions of appointment, and seconded members' terms must be agreed with the seconding body.

Section Appointment of academic staff Section The academic staff shall consist of— Subject to sections 40 , 41 , 47 and 49 , all members of the academic staff shall be appointed by the appointments committee , either— Subject to subsection (4), in appointing academic staff , priority shall be given to candidates in the following order— Subject to sections 40 , 41 , 47 and 49 , the academic staff of the university shall be appointed by the appointments committee in accordance with such procedures as are laid down by statutes. all members appointed on a full-time basis for teaching and research; the librarian ; any other person declared by the council on the recommendation of the executive board to be engaged in any teaching or research work connected with the university in an honorary, associate or part-time capacity. on such terms and conditions as the council may determine; or in the case of a member seconded to the service of the university , on such terms and conditions as may be agreed upon between the council and the seconding body. As far as possible, 80 percent of the academic staff shall be Muslims originating from member States or from any other country. citizens of the Republic of Uganda; citizens of any other African country; and citizens of any other country.

Section 51

§ 52Staff of the university - Appointment of administrative staffProvision

All members of the university administrative staff are appointed by the appointments committee.

Section Appointment of administrative staff Section All members of the administrative staff shall be appointed by the appointments committee , either— Subject to subsection (3), in appointing persons to be administrative staff of the university , priority shall be given to candidates in the following order— The administrative staff of the university shall, subject to this act, be appointed by the appointments committee in accordance with such procedure as may be laid down by statutes. on such terms and conditions as the council may determine; or in the case of a member seconded to the service of the university , on such terms and conditions as may be agreed upon between the council and the seconding body. As far as possible, 80 percent of the administrative staff shall be persons who are Muslims. citizens of the Republic of Uganda; citizens of other African countries; and citizens of any other country.

Section 52

§ 53Staff of the university - Delegation of power to appoint staffProvision

Statutes made by the council may allow delegation to another university officer of the power to appoint administrative or academic staff that is conferred on the appointments committee by section 50(2).

Section Delegation of power to appoint staff Section Statutes made by the council may provide for the delegation to any other officer of the university of the power to appoint any of the administrative or academic staff conferred on the appointments committee by section 50 (2).

Section 53

Part X

Immunities and privileges of the university

§ 61Immunities and privileges of the university - Immunities and privileges of the universityProvision

The university and its personnel and staff (except Ugandan nationals) are entitled to the immunities and privileges set out in the Agreement on the Establishment, Status and Immunity of the Islamic University in Uganda.

Section Immunities and privileges of the university Section The university , as well as the personnel and staff of the university , with the exception of the nationals of the Republic of Uganda, shall enjoy the immunities and privileges set out in the Agreement on the Establishment, Status and Immunity of the Islamic University in Uganda signed in Jedda, Saudi Arabia on 26th November, 1987, between the Government of Uganda and the organisation subject to the terms of that agreement.

Section 61

§ 62Immunities and privileges of the university - Agreement to have force of lawProvision

The agreement referred to in section 61, as set out in the Schedule to this Act, shall have the force of law in Uganda.

Section Agreement to have force of law Section For the purposes of the immunities and privileges conferred by section 61 , the agreement referred to in that section, as set out in the Schedule to this Act, shall have the force of law in Uganda.

Section 62

§ 63Immunities and privileges of the university - Regulations by MinisterProvision

The Minister may, after consulting the council, make statutory regulations to clarify the immunities and privileges under the agreement in section 61 and the categories of persons who will enjoy them.

Section Regulations by Minister Section The Minister may, after consultation with the council , by statutory instrument, make regulations for the purpose of removing any doubt as to the nature and extent of the immunities and privileges to be enjoyed under the agreement referred to in section 61 or as to the categories of persons to enjoy those immunities and privileges.

Section 63

§ 64Immunities and privileges of the university - Interpretation of Part XInterpretation

Section Interpretation of Part X Section For the purposes of this Part and the agreement referred to in section 61 — any reference in the agreement to the statute of the university shall be deemed to be a reference to this Act; and any reference to "financial regulations" or "procedure rules" shall be deemed to be a reference to rules made by the executive board under section 20 .

Section 64

Part XI

General

§ 65General - Admission of studentsProvision

Admissions must follow specified nationality proportions (50% Uganda; 30% other East African states with max 15% from any one state; 10% other African; 10% non-African).

Section Admission of students Section The admission of students to the university shall be subject to the following proportions— The council shall prescribe acceptable qualifications for the admission of students to the university . 50 percent to be students from the Republic of Uganda; 30 percent to be students from the other East African states, so, however, that the percentage of candidates from any one of those states should not exceed 15 percent of the total number of admissions; 10 percent to be students from other African countries; and 10 percent to be students from countries other than African countries. In selecting students for admission to the university , priority shall as far as possible be given to Muslims.

Section 65

§ 66General - Common seal and execution of contracts, etc.Provision

Rules for the university's common seal: the executive board may determine the device; the seal is kept in the custody of the secretary; pending a seal the executive board may use a wafer or rubber stamp; signatures authenticate the seal (two executive board members plus rector or secretary); for awards the chairperson and rector must sign.

Section Common seal and execution of contracts, etc. Section A contract or instrument which if entered into or executed by a person who is not a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the university by— Every document purporting to be— The common seal of the university shall be such device as the executive board may determine and shall be kept in the custody of the secretary . Pending the making of a common seal for the university , the executive board may cause to be used a wafer or rubber stamp in place of a seal. The common seal of the university shall, when affixed onto any document, be authenticated by the signatures of any two members of the executive board , together with the signature of the rector or the secretary . The signatures prescribed by subsection (3) for authentication shall be independent of the signing by any other person as witness. A certificate signed by the chairperson of the council that an instrument was made or issued by or on behalf of the university shall be conclusive evidence of that fact. the secretary ; or any other person, A contract made according to and under subsection (6) shall be effectual in law and shall bind the university and its successors and all other parties to it. A contract made in accordance with this section may be varied or discharged in the same manner in which it is authorised by this section to be made. an instrument issued by the university and sealed with its common seal, authenticated in the manner prescribed in this section; or a contract or instrument entered into or executed under subsection (6), Notwithstanding anything in this section, for the purposes of degrees, diplomas, certificates and other awards of the university , the seal of the university shall be authenticated by the signatures of the chairperson and the rector .

Section 66

§ 67General - Service of documentsProvision

Documents may be served on the university by leaving them at the office or by sending them by registered post to the secretary.

Section Service of documents Section Any document may be served on the university by leaving it at the office of or by sending it by registered post to the secretary .

Section 67

§ 68General - Annual reportProvision

The rector must prepare and submit an annual report within three months after each academic year; the executive board must consider and approve it and submit it to the council; upon approval the council must forward copies to the organisation and other authorities it considers appropriate.

Section Annual report Section Within three months after the end of each academic year of the university , the rector shall cause to be prepared and submitted to the executive board for consideration, an annual report dealing generally with the activities and operations of the university within that year. The executive board shall consider and approve the annual report submitted to it under subsection (1) as expeditiously as possible and shall, after approving it, submit it to the council for final approval. An annual report shall contain such information as the council may, from time to time, prescribe. Upon approval of the annual report, the council shall forward a copy of the report to the organisation and to such other authorities as it may consider appropriate.

Section 68

§ 69General - University statutesProvision

The council may make statutes, by statutory instrument and on the executive board's recommendation, to govern and administer the university and carry this Act into effect, provided the statutes are not inconsistent with the Act.

Section University statutes Section Without prejudice to the general effect of subsection (1), statutes may be made by the council under this section relating to— the procedure for appointment of staff and the terms and conditions of service, including discipline, salary and retirement benefits of— The council may, by statutory instrument upon the recommendations of the executive board , make statutes not being inconsistent with this Act, for the government, control and administration of the university and otherwise for carrying into effect this Act. the functions and privileges of the rector ; the establishment of faculties and institutes of the university ; the description of degrees, diplomas, certificates and other awards; the requirements for the awards or degrees, diplomas, certificates and other awards; the description and requirements for the award of honorary degrees; the conduct of examinations; university fees; the constitution, functions and privileges of students associations; members of the academic staff of the university ; members of the administrative staff of the university ; and any other employee of the university ; the membership, functions and privileges of committees and boards established under this Act; the academic organisation of the university and, in particular, admission to the university , the courses of instruction, the duration and numbers of academic terms and granting and revocation of degrees, diplomas, certificates or other awards of the university ; the grant of scholarships, bursaries and other grants and the revocation of any such grant; and any other function which it is required or permitted to perform.

Section 69

§ 70General - Amendment of the ActAmendment

The council may propose amendments by a two‑thirds majority; approved amendments must be submitted by the council to the Minister, who must take steps to submit them to Parliament with a proposal for enactment.

Section Amendment of the Act Section The council may, by two-thirds majority of its members, propose amendments to this Act. Where amendments proposed by the council in accordance with subsection (1) have been approved by the Islamic Conference, the amendments shall be submitted by the council to the Minister who shall take all necessary steps to ensure that the amendments are submitted to Parliament with a proposal for their enactment.

Section 70

§ 71General - Dissolution of the universityProvision

On dissolution of the university, its movable and immovable property are to be transferred to specified Islamic funds and organisations, with movable property going to the Islamic Solidarity Fund after settlement of pending liabilities, immovable property in Uganda to the Uganda Muslim Supreme Council and other Islamic associations as determined by the organisation, and immovable property outside Uganda to Islamic organisations as determined by the organisation.

Section Dissolution of the university Section Where— Where the university has been dissolved under subsection (1)— the Islamic Conference at the request of twelve members of the council has decided that the university should be dissolved; and the decision has been communicated in writing to the Minister by the council or by the organisation , all movable property of the university shall be transferred to the Islamic Solidarity Fund after settlement of all pending liabilities of the university ; any immovable property of the university situated in Uganda shall be transferred to the Uganda Muslim Supreme Council and such other Islamic associations and institutions in Uganda and in such proportions as may be determined by the organisation ; and any immovable property of the university situated outside Uganda shall be transferred to such Islamic organisations or institutions and in such proportions as the organisation may determine.

Section 71

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