The Charter for Zetech University
The Charter is cited as the Zetech University Charter.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 163 of 2022
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
The Charter is cited as the Zetech University Charter. This section provides definitions of terms used in the Charter (for example, "academic staff", "academic year", "Act", "administrative staff", "Alumni Association", "Board of Trustees", "Cabinet Secretary", "Campus", "Chancellor", "Charter", "College", "Commission", "Council", "Dean", "Dean of Students", "Deputy Vice-Chancellor", "faculty", "graduate", "Institute", "School", "Senate", "Sponsor", "Statutes", "student", "Students Association", "University Management Board", "University", and "Vice-Chancellor"). There is a Convocation of the University composed of members as prescribed by the Statutes; the convocation is convened to confer awards and to carry out other functions outlined in the Statutes. The Council may, subject to the Charter and on the recommendation of the Senate and for good cause, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards as provided in the Statutes. There is established a University to be known as Zetech University.
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Provisions of The Charter for Zetech University
Showing 44 of 44
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: The Charter is cited as the Zetech University Charter.
Section 1. Short title Section This Charter shall be cited as the Zetech University Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: This section provides definitions of terms used in the Charter (for example, "academic staff", "academic year", "Act", "administrative staff", "Alumni Association", "Board of Trustees", "Cabinet Secretary", "Campus", "Chancellor", "Charter", "College", "Commission", "Council", "Dean", "Dean of Students", "Deputy Vice-Chancellor", "faculty", "graduate", "Institute", "School", "Senate", "Sponsor", "Statutes", "student", "Students Association", "University Management Board", "University", and "Vice-Chancellor").
Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "academic staff" means any person appointed to teach, train or to do research at a university and any other employee designated as such by the Council; "academic year" means a continuous period of teaching examination and study, organised on a full year mode, semester mode, trimester mode and quarter mode and extending over not less than thirty weeks in a calendar year; "Act" means the Universities Act (Cap. 210); "administrative staff" means the employees of the University who are not directly engaged in teaching or research as the Council may from time to time determine; "affiliated institution" means an institution which has an academic linkage with the University for the purpose of granting of degrees and award of diplomas and certificate in accordance with the Statutes; "Alumni Association" means the organisation of all graduates and former students of the University as defined under paragraph 20 of this Charter; "alumni" means a member of the convocation of the University; "Board of Trustees" means the Board of Trustees established under the Trust Deed incorporated and registered under the Trustees (Perpetual Succession) Act (Cap. 164); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for University Education; "Campus" means a Campus established in the University pursuant to Paragraph 8 of this Charter; "Chairperson of the Council" means the Chairperson of Zetech University Council appointed under paragraph 17 of this Charter; "Chancellor" means the Chancellor of Zetech University appointed under paragraph 16 of this Charter; "Charter" means the Zetech University Charter; "College" means a College established by the University pursuant to the recommendation made under paragraph 8 of this Charter but does not include a Constituent College; "Commission" means the Commission for University Education established under the Act; "constituent college" means a Constituent College of a university established under the Act; "Council" means the Council of the University established under paragraph 17 of this Charter; "Dean" means dean of a faculty, school or centre as appointed in accordance with the Statutes; "Dean of Students" means the person appointed to be in charge of the student experience and welfare in accordance with the Statutes; "Deputy Vice-Chancellor" means the Deputy Vice-Chancellor appointed by the Council of the University under paragraph 27 of this Charter; "faculty" means a division within the University comprising of one subject area, or a number of related subject areas; "graduate" means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been awarded as determined by the Senate; "Institute" means an institute of the University established by the Statutes; "School" means a school of the University established under the Statutes; "Senate" means the Senate of the University established under paragraph 25 of this Charter; "Sponsor" means Zetech University Limited incorporated under the Companies Act; "Statutes" means Statutes of the University made by the Council under this Charter; "student" means a person for the time being registered by the University for the purpose of obtaining a qualification of the University or any other person who is determined by the Senate to be a student and shall be further provided for in the Statutes; "Students Association" means the organization of students recognized by the Council as being an organization representative of the students of the University and as provided for in the Statutes; "University Management Board" means the University Management Board established under paragraph 26 of this Charter; "University" means Zetech University established under paragraph 3 of this Charter; "Vice-Chancellor" means a person appointed as the Vice-Chancellor of the University in accordance with paragraph 23 of this Charter.
Part II
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Convocation
AI-assisted research summary: There is a Convocation of the University composed of members as prescribed by the Statutes; the convocation is convened to confer awards and to carry out other functions outlined in the Statutes.
Section 10. Convocation Section 10(1) There shall be Convocation of the University, which shall consist of such members as prescribed by the Statutes. Section 10(2) The convocation shall be convened for purposes of conferment of awards and for such other functions as may be outlined in the Statutes. - 11
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 11. Withdrawal of Degrees, Diplomas, Certificates and other Awards
AI-assisted research summary: The Council may, subject to the Charter and on the recommendation of the Senate and for good cause, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards as provided in the Statutes.
Section 11. Withdrawal of Degrees, Diplomas, Certificates and other Awards Section Subject to this Charter, the Council may on the recommendation of the Senate, for good cause cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards or recognitions as may be provided for in the Statutes. - 3
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment of the University
AI-assisted research summary: There is established a University to be known as Zetech University.
Section 3. Establishment of the University Section 3(1) There is established a University to be known as Zetech University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing or lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter which may be done by a corporate body. Section 3(3) The University is the successor of the Zetech University constituted in accordance with the Letter of Interim Authority dated 26th August, 2014. Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by Zetech University or by anybody on behalf of Zetech University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University, and any reference to Zetech University in any contract or document shall, for all purposes, be deemed to be reference to the University established under paragraph 3 (1) of this Charter. - 4
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision, Mission, philosophy and Core values
AI-assisted research summary: Section 4 states the University's vision, mission, philosophy and lists core values (integrity; commitment to excellence; innovation; customer focus; teamwork).
Section 4. Vision, Mission, philosophy and Core values Section 4(1) Vision: A leading University in Research, Innovation, Knowledge Creation and Dissemination. Section 4(2) Mission: To Promote Excellence in Education and Research by Integrating Innovation, Entrepreneurship and Technology to Impact Society. Section 4(3) Philosophy: Nurturing and Inspiring an Intellectually Curious, Adaptable and Innovative Generation that is guided by its Core Values. Section 4(4)(a) integrity; Section 4(4)(b) commitment to excellence; Section 4(4)(c) innovation; Section 4(4)(d) customer focus; and Section 4(4)(e) teamwork. - 5
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Objectives and functions of the University
AI-assisted research summary: Section 5 sets the objectives and functions of the University, including providing high-quality education, research, innovation, dissemination of research, promoting technical and vocational training, and opening admission to qualified persons without discrimination; it also permits the University to charge fees as approved by the Council with Senate advice.
Section 5. Objectives and functions of the University Section 5(1) The University’s objective is to provide high quality education in training, research, innovation, knowledge dissemination which leverage on information technology, business and entrepreneurship consistent with the Vision, Mission, Philosophy and Core values of the University. Section 5(2)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for technological, professional, and scientific education; Section 5(2)(b) advance knowledge and its practical application by research and other means; Section 5(2)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 5(2)(d) participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and stimulating the intellectual life in the economic, social, cultural, scientific, and technological development; Section 5(2)(e) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 5(2)(f) inculcate a culture of innovation in technology, engineering, and science, amongst staff, students, and society; Section 5(2)(g) promote of education in, arts and humanities, social sciences, business administration and law, natural sciences, Information and Communication Technology, engineering, agriculture and health sciences; Section 5(2)(h) develop an institution of excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application to society; Section 5(2)(i) provide a multi-level system of education and training that is relevant to the needs of the community covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between educational levels; Section 5(2)(j) provide for the development of technical and vocational education and training and related activities within the institution and the wider society; Section 5(2)(k) play a leading role in the development and expansion of opportunities for technological and vocational education and training; Section 5(2)(l) provide high quality educational, research, residential, commercial, cultural, social, recreational, sporting, and other facilities; Section 5(2)(m) promote critical enquiry and creativity in education, training and research within the institution; Section 5(2)(n) foster the general welfare of staff and students; Section 5(2)(o) provide opportunities for development and further training for staff of the institution; Section 5(2)(p) develop and provide educational, cultural, professional and technical services to the community and in particular the fostering of corporate social responsibility; Section 5(2)(q) provide programmes, products, and services in ways that reflect the principles of equity and social justice; and Section 5(2)(r) generally facilitate the development and provision of appropriate and accessible academic and other programmes. Section 5(3) Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, color, creed, physical ability or gender. Section 5(4) No barrier based on any of the distinctions set out in subparagraph (3) shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction. Section 5(5) The University may charge such fees or levies as the Council may, with the advice of the Senate, approve from time to time, for students admitted to the University for defraying expenses connected with their education. - 6
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Powers of the University
AI-assisted research summary: The University must carry out lawful acts necessary or convenient to perform its objects and has a range of powers including raising fees, managing gifts and endowments, governance through the Council, entering affiliations with Council approval, establishing campuses or colleges, admitting qualified candidates without discrimination, constructing buildings, soliciting donations, appointing agents, engaging staff, and promoting its image.
Section 6. Powers of the University Section 6(1) The University shall do all lawful acts and things necessary or convenient to be done in connection with the performance of the objects of the University. Section 6(2)(a) impose, demand and receive fees, subscriptions and deposits and impose charges and act on behalf of the University such as property, legacy, endowment, bequest or gift for the purpose of education or research or otherwise for the furtherance of the work of the University; Section 6(2)(b) the promotion and preservation of equality of opportunity and access; and Section 6(2)(b)(i) the promotion and preservation of equality of opportunity and access; and Section 6(2)(b)(ii) effective and efficient use of resources. Section 6(2)(c) through the Council and in accordance with this Charter, exercise overall responsibility over its governance and future development; Section 6(2)(d) with the approval of the Council, enter into affiliations or academic linkages with any individuals, groups or institutions as provided for in the Statutes; Section 6(2)(e) establishing a Campus, College or a Constituent College which shall be headed by a Principal and shall have the functions, powers and structures as specified in the Statutes; Section 6(2)(f) admit into the University candidates for degrees, diplomas, certificates or other awards of the University and be open to all persons accepted as being qualified by the Senate, without distinction of ethnic origin, sect, creed, social status or gender; no barrier based on any such distinction shall be imposed upon any person as a condition of his becoming, or continuing to be, a student or graduate of the University; Section 6(2)(g) erecting buildings and structures and carrying out such works; Section 6(2)(h) soliciting for grants, endowments, donations and gifts for purposes of supporting the University activities; Section 6(2)(i) appointing agents; Section 6(2)(j) engaging persons to perform services for the University; Section 6(2)(k) fronting and promoting the image of the University by all lawful means including undertaking corporate social responsibility; and Section 6(2)(l) doing all other things necessary in advancing knowledge and discharge of the functions of the University. - 7
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Establishment of Constituent Colleges
AI-assisted research summary: The Cabinet Secretary may, by order published in the Gazette and following the Council's recommendation and the Commission for University Education's advice, establish or declare specified institutions to be Constituent Colleges of the University.
Section 7. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the recommendation of the Council, and on the advice of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any training establishment to be a Constituent College of the University. - 8
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Establishment of Colleges, Campuses, Schools and Institutions
AI-assisted research summary: The Council may, on the advice of the Senate, establish Colleges or Campuses to offer training and courses; a College or Campus established under this paragraph must consist of the faculties, schools, institutes or centres provided by the Statutes.
Section 8. Establishment of Colleges, Campuses, Schools and Institutions Section 8(1) The Council may, on the advice of the Senate, establish Colleges or Campuses, to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided by the Statutes. Section 8(2) A College or Campus which is established under this paragraph shall consist of such faculties, schools, institutes or centres as may be provided by the Statutes. - 9
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Conferment of Degrees, Diplomas, Certificates and other Awards
AI-assisted research summary: The University may award fellowships, scholarships, bursaries, prizes and other awards, subject to the Charter and as provided in the Statutes.
Section 9. Conferment of Degrees, Diplomas, Certificates and other Awards Section 9(1)(a) grant degrees Bachelors’, Masters’, Doctorate and other awards, diplomas, certificates and other academic awards as may be provided for by the Statutes; Section 9(1)(b) confer honorary degrees or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction. Section 9(2) Subject to this Charter, the University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes.
Part III
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Membership of the University
AI-assisted research summary: Lists members of the University and provides that the members shall enjoy rights and privileges as may be in the Statutes.
Section 12. Membership of the University Section 12(1)(a) the Sponsor; Section 12(1)(b) the Board of Trustees; Section 12(1)(c) the Chancellor; Section 12(1)(d) the Council; Section 12(1)(e) the Vice-Chancellor; Section 12(1)(f) the Deputy Vice-Chancellors; Section 12(1)(g) the Chief Operations Officer; Section 12(1)(h) the Principals of Constituent Colleges; Section 12(1)(i) the Principals of Colleges within the University; Section 12(1)(j) the Deans, Directors of Faculties, Schools or Institutes; Section 12(1)(k) the Senate; Section 12(1)(l) the University Faculty; Section 12(1)(m) the Registrars; Section 12(1)(n) the University Librarian; Section 12(1)(o) the University Religious Leaders; Section 12(1)(p) the Dean of Students; Section 12(1)(q) the Chief Legal Officer; Section 12(1)(r) the Staff of the University; Section 12(1)(s) the Students; Section 12(1)(t) the Alumni; Section 12(1)(u) the Convocation; and Section 12(1)(v) such other members of staff of the University or any other body formally admitted into association with the University, as the Council may determine from time to time. Section 12(2) The members of the University shall enjoy such rights and privileges as may be provided for in the Statutes. - 13
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Governing organs
AI-assisted research summary: Section 13(1) lists the University's governing organs; Section 13(2) allows the governance organs to set up committees to better carry out the University's functions as specified by the Statutes.
Section 13. Governing organs Section 13(1)(a) the Sponsor; Section 13(1)(b) the Board of Trustees; Section 13(1)(c) the Chancellor; Section 13(1)(d) the Council; Section 13(1)(e) the Vice-Chancellor; Section 13(1)(f) the Management Board; Section 13(1)(g) the Senate; Section 13(1)(h) the Alumni Association; and Section 13(1)(i) the Students Association Section 13(2) The Governance organs of the University may set up committees for the better carrying out of the functions of the University as specified by the Statutes. - 14
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Sponsor
AI-assisted research summary: The Sponsor of the University is Zetech University Limited.
Section 14. Sponsor Section 14(1) The Sponsor of the University is Zetech University Limited. Section 14(2)(a) appoint members of the Board of Trustees; Section 14(2)(b) raise funds for the benefit of the University; and Section 14(2)(c) promote the objects of the University; - 15
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Board of Trustees
AI-assisted research summary: Section heading concerning the Board of Trustees and to appoint members of the Council.
Section 15. Board of Trustees Section to appoint members of the Council; - 16
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Chancellor
AI-assisted research summary: The Board of Trustees appoints the Chancellor; the Chancellor must confer degrees and may recommend visitations, advise the Council, and enjoy powers in the Statutes; appointees must be of high moral character; the Chairperson of the Council may perform the Chancellor's functions for up to three months if absent or incapacitated; several events (resignation, infirmity, bankruptcy, prolonged failure to perform, death) are listed as grounds affecting office.
Section 16. The Chancellor Section 16(1) There shall be a Chancellor of the University who shall be appointed by the Board of Trustees in accordance with the provisions of this Charter and the Statutes. Section 16(2)(a) be the titular head of the university and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University; Section 16(2)(b) may from time to time, recommend to the Board of Trustees a visitation of the University; Section 16(2)(c) from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; and Section 16(2)(d) enjoy such powers and privileges and perform such other functions as may be provided in the Statutes. Section 16(3) A person appointed as a Chancellor shall be of high moral character and integrity in accordance with Chapter Six of the Constitution. Section 16(4) The functions of the Chancellor under subparagraph (2) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months. Section 16(5)(a) resigns from office by notice in writing addressed to the Board of Trustees; Section 16(5)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Board of Trustees; Section 16(5)(c) is declared bankrupt or makes any arrangements or propositions with creditors generally; Section 16(5)(d) fails to perform the duties of his office for a continuous period of six months without a valid reason; or Section 16(5)(e) dies. - 17
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Council
AI-assisted research summary: Section 17 sets the Council membership, qualifications for the Chairperson, co-option powers, procedure for appointing an acting Chairperson, term length for non–ex officio members, grounds for vacancy, vacancy notification, and that Council procedure and quorum are prescribed in the Statutes.
Section 17. The Council Section 17(1)(a) the Chairperson who shall have at least a master’s degree and who shall be appointed by the Sponsor; Section 17(1)(b) five persons with distinguished qualifications and experience in management one of whom has at least ten years’ experience in university management; Section 17(1)(c) one person of integrity and wide experience in finance and who should be a member in good standing of the relevant professional body; and Section 17(1)(d) the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council. Section 17(2) The Council may, in consultation with the Board of Trustees, co-opt not more than two persons into the Council, if it deems necessary. Section 17(3) In the absence or incapacity of the Chairperson, the Council shall appoint any other person, except an ex officio member, from among its members to serve as the acting Chairperson. Section 17(4) A member of the Council, other than an ex officio member, shall serve for a term of three years and shall be eligible for re-appointment for one further term. Section 17(5)(a) not being an ex officio member, resigns from office in writing addressed to the Secretary of the Council; Section 17(5)(b) is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required to the satisfaction of the Council in consultation with the Board of Trustees; Section 17(5)(c) is absent for three consecutive Council meetings without good reason; Section 17(5)(d) is found to be involved in unbecoming behaviour as determined by the Council, in consultation with the Board of Trustees; Section 17(5)(e) is found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest; Section 17(5)(f) is declared bankrupt; or Section 17(5)(g) dies. Section 17(6) Where the office of a member of the Council becomes vacant under subparagraph (5), the Secretary to the Council shall notify the vacancy to the Board of Trustees. Section 17(7) The procedure, conduct and regulation of the affairs of the Council shall be as prescribed in the Statutes. Section 17(8) The Council may appoint committees to carry out specific functions as it may direct. Section 17(9) For all meetings of the Council, the number and the quorum shall be as prescribed in the Statutes. - 18
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. Functions of the Council
AI-assisted research summary: The Council is responsible for governance functions of the University including policy formulation, staff recruitment and removal, receiving and authorising funds with Board approval, welfare of staff and students, making Statutes, supporting resource mobilisation, approving and monitoring the budget, guiding administration of University property, appointing senior officers through a competitive process in accordance with the Statutes, undertaking other statutory functions, and signing Council documents as specified.
Section 18. Functions of the Council Section 18(1)(a) formulate the policies of the University; Section 18(1)(b) recruit, promote or remove staff of the University; Section 18(1)(c) with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements; Section 18(1)(d) provide for the welfare of staff and students of the University; Section 18(1)(e) make and approve the Statutes of the University; Section 18(1)(f) support the Board of Trustees in resource mobilisation for the development of the University; Section 18(1)(g) approve the budget of the University and monitor its utilisation; Section 18(1)(h) provide guidance in administering of the University property in a manner that promotes the best interest of the University; Section 18(1)(i) appoint the Vice-Chancellor, the Deputy Vice-Chancellors and the Principals of Constituent Colleges through a competitive process, in accordance with the Statutes; and Section 18(1)(j) undertake any other functions as stipulated in the Act, this Charter and the Statutes. Section 18(2) All documents made on behalf of the Council, and all decisions of the Council, shall be signified under the hand of the Chairperson, the Vice-Chancellor, and any other member of the University designated by the Council. - 19
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. Students’ association
AI-assisted research summary: Establishes a Students’ Association and lists its functions, including that students may express their views through it.
Section 19. Students’ association Section 19(1) There shall be the Students’ Association whose members shall be elected in accordance with procedures prescribed in the Statutes. Section 19(2)(a) be the main forum through which students may express their views; Section 19(2)(b) operate under the general direction of the Senate in the manner prescribed by the Statutes; Section 19(2)(c) oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 19(2)(d) draw the attention of the appropriate authorities, where necessary, to the special needs of the students; and Section 19(2)(e) undertake other functions as provided in its governance instruments approved by the Senate. - 20
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 20. Alumni Association
AI-assisted research summary: Creates a Zetech University Alumni Association, defines members, lists alumni rights including the right to meet and discuss welfare, and tasks the Senate to propose promotional rules to the Council.
Section 20. Alumni Association Section 20(1) There shall be an Alumni Association of the University to be known as Zetech University Alumni Association or any other name approved by the University. Section 20(2)(a) graduates of the University; and Section 20(2)(b) such other persons as may be prescribed by the Statutes. Section 20(3)(a) provide services that contribute to the University’s development; Section 20(3)(b) participate in the process of branding the University; Section 20(3)(c) have the right to meet and discuss any matter relating to their welfare; and Section 20(3)(d) on invitation by the University, participate in graduations and other activities of the University in the manner prescribed by the Statutes. Section 20(4) The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 21. The Vice-Chancellor
AI-assisted research summary: The University shall have a Vice-Chancellor appointed by the Council; the Vice-Chancellor has specified responsibilities, serves a four-year term (eligible for one re-appointment), and vacates office on grounds including resignation, infirmity, bankruptcy, failure to perform duties, or death.
Section 21. The Vice-Chancellor Section 21(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council. Section 21(2)(a) have the overall responsibility for the direction, organisation, administration and academic programmes of the University; Section 21(2)(b) be the Chairperson of the Senate and the University Management Board; Section 21(2)(c) be responsible to the Council for the general conduct and discipline of staff and students of the University; and Section 21(2)(d) carry out any other duty or responsibility as may be assigned by the Council. Section 21(3) The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 21(4)(a) resigns by notice in writing addressed to the Chairperson of the Council; Section 21(4)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office; Section 21(4)(c) is declared bankrupt by court of law or makes any arrangements or propositions with creditors generally; Section 21(4)(d) fails to perform the duties of his office without a valid reason; or Section 21(4)(e) dies. Section 21(5) The provisions of this paragraph shall apply, with necessary modifications, to the Principal of a Constituent College. - 22
MANAGEMENT OF THE UNIVERSITY - 22. The Senate
AI-assisted research summary: There is established a Senate of the University which shall be responsible for all academic matters of the University.
Section 22. The Senate Section 22(1) There is established a Senate of the University which shall be responsible for all academic matters of the University. Section 22(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 22(2)(b) the Deputy Vice-Chancellors; Section 22(2)(c) the Principals of Constituent Colleges and Colleges within the University; Section 22(2)(d) the Deputy Principals of Colleges; Section 22(2)(e) the Chief Operations Officer; Section 22(2)(f) the Registrars; Section 22(2)(g) the Deans and the Directors; Section 22(2)(h) the Dean of Students; Section 22(2)(i) the Chairpersons of the teaching departments; Section 22(2)(j) the Professors; Section 22(2)(k) the Librarian; Section 22(2)(l) the Head of Information and Communication Technology; Section 22(2)(m) the Head of Quality Assurance; Section 22(2)(n) two members elected by the Academic Board or equivalent body of each Constituent College from among the members of that Board or Constituent College; Section 22(2)(o) one representative of each of the faculty Boards appointed by that Board from among its members; Section 22(2)(p) two members elected by the Students’ Association except that the members of the Students’ Association shall not be entitled to attend deliberations of the Senate on matters relating to examination results and any other matters which are considered by the Chairperson of Senate to be confidential; and Section 22(2)(q) any other members as specified in the Statutes. Section 22(3) The Deputy Vice-Chancellor (academic affairs) shall be the Secretary to the Senate. Section 22(4)(a) ceases to be a member of the University; Section 22(4)(b) ceases to be a member of Senate by virtue of the office held; Section 22(4)(c) contravenes any of the membership requirements; Section 22(4)(d) is declared bankrupt; Section 22(4)(e) is voted out by majority vote of the members of the Senate present and voting, and with approval of the Council; or Section 22(4)(f) dies. - 23
MANAGEMENT OF THE UNIVERSITY - 23. Functions of the Senate
AI-assisted research summary: Section 23 lists the functions of the Senate, giving the Senate authority and duties such as assuring academic standards, proposing statutes on admissions and proficiency, setting academic calendars, approving syllabi and examination results, appointing examiners, approving awards of degrees (subject to the Act), and reviewing Statutes at least once every five years.
Section 23. Functions of the Senate Section 23(1)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University; Section 23(1)(b) to propose Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 23(1)(c) to propose Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University; Section 23(1)(d) decide which persons have attained prescribed standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University; Section 23(1)(e) initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council; Section 23(1)(f) recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 23(1)(g) subject to the Act, to make recommendations to the Council for the establishment or abolition or supervision, degree and other academic programmes and their titles in the University; Section 23(1)(h) set the dates of the academic year and to determine the schedule of academic programmes within the academic year; Section 23(1)(i) approve all syllabi of the University; Section 23(1)(j) make regulations governing methods of assessing and examining the academic performance of students; Section 23(1)(k) evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University; Section 23(1)(l) regulate the conduct of examinations; Section 23(1)(m) appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment; Section 23(1)(n) approve the examination results; Section 23(1)(o) subject to the Act, approve the award of degrees including the award of honorary degrees and other academic distinctions; Section 23(1)(p) determine which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University; Section 23(1)(q) to determine the procedure to be followed in the conferment of the degrees and other awards; Section 23(1)(r) determine the design of academic dress and prescribe its use; Section 23(1)(s) evaluate research, teaching, staffing and general work of anybody or section of the University and if it so wishes to report and make recommendations thereon to the Council; Section 23(1)(t) promote and administer the extra-mural, external and extension work of the University; Section 23(1)(u) promote research and innovation work in the University; Section 23(1)(v) promote co-operation and linkages with other institutions of higher learning and industry; Section 23(1)(w) make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 23(1)(x) develop, implement and promote quality assurance systems and structures in all University operations; Section 23(1)(y) promote the welfare of students and staff in the University; Section 23(1)(z) propose regulations and procedures for the discipline of students and make recommendations thereof to the Council; Section 23(1)(aa) to receive proposals from various Boards and Faculties, Institutes, Schools, Centers and to consider their recommendations and make appropriate decision; Section 23(1)(bb) recommend to the Council appropriate criteria for appointment and promotion of academic staff of the university; Section 23(1)(cc) review the Statutes from time to time and to present recommendations thereon to the Council provided that the Statutes shall be reviewed at least once every five years; Section 23(1)(dd) determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University. Section 23(2) The Senate shall exercise such other powers as may be conferred on the Senate by the Act, the Statutes or by the regulations and to do such other acts as the Council shall authorize. Section 23(3) Notwithstanding any of the provisions of this Charter, the Council shall not initiate any action in respect of subparagraph (a), (b) or (c) of subparagraph (3) except upon receipt of a report, or reject or amend any regulations as proposed without further reference to the Senate. Section 23(4) The procedure, conduct, regulation of the affairs of the Senate shall be determined by the Statutes. - 24
MANAGEMENT OF THE UNIVERSITY - 24. University Management Board
AI-assisted research summary: Section 24 lists the University Management Board membership and sets duties including assisting the Vice-Chancellor, implementing policies, managing resources, preparing budgets and financial statements, collecting fees, facilitating audits, maintaining financial procedures, recommending capital and staffing matters, advising on compliance, overseeing publications, and performing delegated functions.
Section 24. University Management Board Section 24(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 24(1)(b) the Deputy Vice-Chancellors; Section 24(1)(c) the Chief Operations Officer; Section 24(1)(d) the Principals of Constituent Colleges and Colleges within the University; Section 24(1)(e) the Registrars and Directors; and Section 24(1)(f) such other member of the Senior Management as the Council may determine in accordance with the Statutes. Section 24(2)(a) assisting the Vice-Chancellor on day-to-day management of the University; Section 24(2)(b) implementing University policies; Section 24(2)(c) ensuring effective, efficient and prudent use of resources; Section 24(2)(d) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 24(2)(d)(i) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 24(2)(d)(ii) collect fees; and Section 24(2)(d)(iii) facilitate annual audit of the University accounts; Section 24(2)(d)(iv) establish and maintain efficient and effective policies and procedures in all areas of financial management; Section 24(2)(d)(v) make recommendations to the Council concerning matters of capital development and University staff establishment; Section 24(2)(e) recommending prudent operational systems to the Council relating to schemes of service, salaries, benefits and other staff motivational schemes; Section 24(2)(f) overseeing the preparation of all publications of University documents; Section 24(2)(g) advising the Council on general matters pertaining to statutory and legal compliance; and Section 24(2)(h) being responsible for all matters necessary for the successful functioning of the University, as delegated by the Council. - 25
MANAGEMENT OF THE UNIVERSITY - 25. The Deputy Vice-Chancellors
AI-assisted research summary: The Council must appoint Deputy Vice-Chancellors to assist the Vice‑Chancellor; Deputy Vice‑Chancellors report to the Vice‑Chancellor, hold office for four years and may be re‑appointed for one further term; the same rules apply, with modifications, to Principals of Constituent Colleges.
Section 25. The Deputy Vice-Chancellors Section 25(1) The Council shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice–Chancellor in matters prescribed in the Statutes. Section 25(2) A Deputy Vice-Chancellor shall be responsible to the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes. Section 25(3) A Deputy Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 25(4) The provisions of this paragraph shall, with the necessary modifications, apply to the Principals of a Constituent College. - 26
MANAGEMENT OF THE UNIVERSITY - 26. Principals of Colleges within the University
AI-assisted research summary: The principals of Colleges within the University shall be appointed in accordance with the Statutes.
Section 26. Principals of Colleges within the University Section The principals of Colleges within the University shall be appointed in accordance with the Statutes. - 27
MANAGEMENT OF THE UNIVERSITY - 27. Chief Operations Officer
AI-assisted research summary: The Council appoints a Chief Operations Officer (or other designated title), who shall be head of the Administration, Finance, Planning and Development Division of the University.
Section 27. Chief Operations Officer Section 27(1) There shall be a Chief Operations Officer or any other designated title appointed by the Council who shall be the head of the Administration, Finance, Planning and Development Division of the University. Section 27(2) The procedure for appointment of the Chief Operations Officer and his functions shall be specified in the Statutes. - 28
MANAGEMENT OF THE UNIVERSITY - 28. Staff of the University
AI-assisted research summary: Section 28 defines four staff categories—teaching, administrative, technical and support staff—and lists who belongs in each category.
Section 28. Staff of the University Section 28(1) The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, the Librarian and all members of staff who are engaged in teaching and research. Section 28(2) The administrative staff of the University shall consist of the Registrars, the Directors, Finance Officer and such other members of staff not being engaged in teaching or research, as the Council may determine from time to time. Section 28(3) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council determine from time to time. Section 28(4) The support staff of the University shall consist of those staff engaged in general duties and as the Council may determine from time to time. - 29
MANAGEMENT OF THE UNIVERSITY - 29. Performance of functions in absence of an office-holder
AI-assisted research summary: If the Vice‑Chancellor is absent or incapacitated the Chairperson of Council may appoint a Deputy Vice‑Chancellor (or, if both Vice‑Chancellor and Deputies are incapacitated, an academic staff member of at least senior lecturer rank) to perform the Vice‑Chancellor's functions; the Vice‑Chancellor may appoint someone to cover other Management Board members; any appointed person may serve for not more than 180 days.
Section 29. Performance of functions in absence of an office-holder Section 29(1) In the event of the incapacity or absence of the Vice-Chancellor, the Chairperson of the Council may, in consultation with the Board, appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity. Section 29(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chairperson of Council may appoint any member of the academic staff at the rank of at least a senior lecturer to perform the functions of the Vice-Chancellor during the period of absence. Section 29(3) In the event of the incapacity of any other member of the University Management Board, the Vice-Chancellor may appoint a suitable person to perform the functions of the member during the period of absence. Section 29(4) A person appointed to perform the functions of any office under this paragraph shall do so for not more than one hundred and eighty days.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 30. Financial year and budget
AI-assisted research summary: Sets the University's financial year, treats transitional periods as financial years, requires the University Management Board to propose and submit annual estimates to the Council two months before the financial year in consultation with the Board of Trustees, and lists budget purposes; prohibits expenditure except in accordance with an annual budget approved by the Council in consultation with the Board of Trustees.
Section 30. Financial year and budget Section 30(1) The financial year of the University shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes. Section 30(2) In the event of any change in the financial year, and for the purposes of the transition from the old financial year to the new financial year, because of this change, the transitional period, whether more or less than twelve months, shall be regarded as a financial year for the purposes of this Charter. Section 30(3) The University Management Board shall propose and submit annual estimates to the Council two months before the commencement of the financial year for its approval in consultation with the Board of Trustees. Section 30(4)(a) the payment of salaries, allowances, and other charges in respect of the University; Section 30(4)(b) the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University; Section 30(4)(c) the proper maintenance, development of the buildings and grounds of the University; Section 30(4)(d) the proper maintenance, repair and replacement of the equipment and other moveable property of the University; Section 30(4)(e) the funding of the cost of training, research and community service; Section 30(4)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Council in consultation with the Board may think fit; Section 30(4)(g) the funding of student scholarships; and Section 30(4)(h) the operating costs of the University. Section 30(5) No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council in consultation with the Board of Trustees. Section 30(6) The University Management Board shall submit quarterly financial reports to the Board of Trustees through the Council within each financial year. - 31
FINANCIAL PROVISIONS - 31. University Funds and resources
AI-assisted research summary: The University must use donor funds only for the agreed purpose unless the University approves otherwise; it must not accept funds that may limit or compromise its freedom or integrity; the University may identify other sources from time to time.
Section 31. University Funds and resources Section 31(1)(a) tuition and other fees; Section 31(1)(b) donations and grants made to the University; Section 31(1)(c) endowments; Section 31(1)(d) gifts, bequests and trusts; Section 31(1)(e) income from auxiliary activities such as consultancy; and Section 31(1)(f) other sources as the University may identify from time to time. Section 31(2) Any funds received by the University from any donor shall, unless otherwise approved by the University, be used or channeled exclusively for the intended purpose as agreed between such donor and the University. Section 31(3) The University shall not accept funds which may limit or compromise its freedom or integrity. - 32
FINANCIAL PROVISIONS - 32. Internal Audit Unit
AI-assisted research summary: The University Management Board must establish an Internal Audit Unit; the Internal Audit Unit must oversee internal control, assurance and several specific functions and report audit findings as required.
Section 32. Internal Audit Unit Section 32(1) The University Management Board shall establish an Internal Audit Unit, which shall be responsible for internal control and assurance regarding the achievement of the objectives of the University and which shall be responsible to the Council. Section 32(2)(a) ensure effective and efficient operation of the University financial systems; Section 32(2)(b) institute firm Internal Control for the maintenance of the integrity, ethical values and competence of staff of the University; Section 32(2)(c) identify and analyse any risks that may face the University and advise on sound management practices for handling such risks; Section 32(2)(d) ensure that University Management Policies and Directives are strictly adhered to; Section 32(2)(e) monitor and assess the quality of performance of all the University management systems and to recommend corrective action whenever a system does not perform as intended; Section 32(2)(f) identify, capture and communicate relevant information in a form and timeframe that enables officers of the University to carry out their responsibilities and maintain accountability for the University’s Assets; and Section 32(2)(g) do or perform all such other transactions or acts for the proper performance of its functions, and for the furtherance of the provisions of this Charter. Section 32(3) Within a period of six months after the end of the financial year, the auditor shall report on the examination and audit of the accounts of the University to the Council. - 33
FINANCIAL PROVISIONS - 33. Investment of Funds
AI-assisted research summary: The Board of Trustees may invest funds that are not immediately required.
Section 33. Investment of Funds Section 33(1) The Board of Trustees may invest any of its funds not immediately required for its purposes, as the Board of Trustees may determine. Section 33(2) All investments made under this paragraph shall be held in the name of the University. - 34
FINANCIAL PROVISIONS - 34. Accounts and audit
AI-assisted research summary: Requires the Board of Trustees to ensure proper accounting records; requires an external audit by auditors appointed by the Board; requires external auditors to report their examination to the Board within a period specified by the Statutes.
Section 34. Accounts and audit Section 34(1) The Board of Trustees shall in consultation with the Council cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. Section 34(2) A firm of external auditors appointed by the Board of Trustees shall audit the accounts of the University. Section 34(3) The accounts of the University shall be submitted to the auditors at the end of every financial year as prescribed by the Statutes. Section 34(4) Within a period specified by the Statutes, the external auditors shall report on the examination and auditor’s report of the accounts of the University to the Board of Trustees. Section 34(5) The certified copy of the auditors’ report referred to in subparagraph (4) shall not be provided to any other persons or institution without the authority of the Board of Trustees.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 35. Instruments and symbols of Governance
AI-assisted research summary: The University must be governed by the Act, this Charter and the Statutes; it must display its instruments of accreditation; symbols of authority are the seal, the mace and the logo.
Section 35. Instruments and symbols of Governance Section 35(1) The University shall be governed as guided by the Act, this Charter and the Statutes. Section 35(2) The symbols of authority shall be the seal, the mace, and the logo. Section 35(3) The University shall conspicuously display all its instruments of accreditation in its key premises. Section 35(4) Where any instrument of accreditation is revoked under the Act, the instruments shall be returned to the accrediting authority within fourteen days of the revocation. - 36
MISCELLANEOUS PROVISIONS - 36. Instruments of Authority
AI-assisted research summary: The University must possess the University Mace, the Common Seal for signification of documents, and the University Logo as its instruments of Authority.
Section 36. Instruments of Authority Section Subject to this Charter, the University shall possess the University Mace, the Common Seal for signification of documents and the University Logo as its instruments of Authority. - 37
MISCELLANEOUS PROVISIONS - 37. Common Seal
AI-assisted research summary: Section 37 governs the University’s Common Seal: custody and use per Board of Trustees or Council directions; documents sealed by authorised officers are binding; the seal must be authenticated by the Vice-Chancellor or another person authorised by the Council; when duly authenticated it is judicially noticed and Council orders are presumed duly given unless proved otherwise; documents and Council decisions must be under the hand of specified officers; and no person or organisation may use the University’s Common Seal or Logo except with the Council’s consent.
Section 37. Common Seal Section 37(1) The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or Council shall direct, as specified in the Statutes. A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University. Section 37(2) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council. Section 37(3) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorisation of the Council under this paragraph shall be presumed to have been duly given. Section 37(4) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorised by the Council on its behalf. Section 37(5) No person, body, authority and or organisation performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the Common Seal and Logo of Zetech University except with the consent of the Council and or authorised representative of the Council. - 38
MISCELLANEOUS PROVISIONS - 38. Statutes
AI-assisted research summary: Section 38 empowers the Council to make Statutes on a set of listed matters, requires that Statutes be made by a Council resolution with specified majority and quorum, and prohibits the Council from changing Statutes about the Chancellor, Vice‑Chancellor or Senate without first ascertaining the Senate's opinion.
Section 38. Statutes Section 38(1)(a) establish colleges, campuses, faculties, institutes and schools of the University; Section 38(1)(b) provide a description of degrees, diplomas and certificates offered by the University; Section 38(1)(c) define the requirements for conferment of degrees and award of diplomas and certificates; Section 38(1)(d) provide for the manner in which examinations shall be conducted; Section 38(1)(e) set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 38(1)(f) describe the constitution and procedure of meeting of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 38(1)(g) prescribe the rules and regulations for the Students’ Association; Section 38(1)(h) determination and collection of fees and other charges; Section 38(1)(i) any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter. Section 38(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chancellor, Vice-Chancellor or Senate without first ascertaining the opinion of the Senate. Section 38(3) The Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths ( 3 / 4 ) of the members present and voting, being not less than half of the total membership of the Council. Section 38(4) The Statutes or regulations made by the Council under this Charter shall be published in the Kenya Gazette . - 39
MISCELLANEOUS PROVISIONS - 39. Protection of name
AI-assisted research summary: Public officers may not register entities using the words "Zetech" and "University" together unless the application includes written consent from the Board of Trustees; unauthorised use of "Zetech University" in advertisements or for business purposes is an offence punishable by a fine not exceeding one million shillings, or imprisonment not exceeding three years, or both; bona-fide university functions are excepted.
Section 39. Protection of name Section 39(1) Notwithstanding the provisions of any other written law, a public officer performing functions relating to the registration of companies, business, trust or societies shall not accept for registration an entity that includes the name "Zetech" and "University" together in any order, unless the application for the registration is accompanied by the written consent of the Board of Trustees. Section 39(2) Any person who except with the written consent of the Board of Trustees, uses the words "Zetech University" together or in any order, and or in furtherance of, or as or in connection with, any advertisement for any trade, business, calling or profession, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a period not exceeding three years, or to both. Section 39(3) Notwithstanding the foregoing, nothing in this paragraph shall be construed as preventing the bona-fide use by any person in pursuance of the functions of the University. - 40
MISCELLANEOUS PROVISIONS - 40. Fair administration, conflict of interest and liabilities
AI-assisted research summary: The Council, Senate and University Management Board must uphold affected persons' rights; members with personal interests must disclose and withdraw from decisions; the University remains liable to pay lawful compensation; staff who connive in offences will be held personally liable.
Section 40. Fair administration, conflict of interest and liabilities Section 40(1) The Council, the Senate, and the University Management Board shall, in the performance of their functions, uphold the rights of any person who is likely to be affected, and in this regard shall be guided by the provisions of section 63 of the Act. Section 40(2) Where a member of the University has a personal interest in any contract or matter considered by the Council or any governing organ, that member shall disclose that interest and dissociate from the deliberations and decision making. Section 40(3) No matter or thing done by a member of the University if the matter or thing is done bona fide for executing the functions, powers or duties of the University render that member personally liable to any action, claim or demand. Section 40(4) The provisions of this paragraph shall not relieve the University of the liability to pay lawful compensation or damages to any person for any injury sustained or loss incurred. Section 40(5) If any offence under this Charter is committed by the University with the connivance of any staff, that staff shall be held personally liable of the offence. - 41
MISCELLANEOUS PROVISIONS - 41. Dispute Resolution
AI-assisted research summary: Dispute Resolution: an arbitrator appointed by both parties; or
Section 41. Dispute Resolution Section an arbitrator appointed by both parties; or - 42
MISCELLANEOUS PROVISIONS - 42. Transitional
AI-assisted research summary: Section 42 preserves existing officers and staff at Zetech University at the grant of the Charter: the incumbent Council remains for the remainder of its term; that Council may make Statutes which are deemed made under the Charter; incumbents in the Vice‑Chancellor and Deputy Vice‑Chancellor offices continue to discharge powers and duties for their term; staff are deemed appointed under the Charter on same terms; and students enrolled at commencement are deemed students and shall complete their courses and be awarded the University's awards.
Section 42. Transitional Section 42(1) The Council in place immediately before the grant of this Charter, shall continue to be in place for the remainder of their term. Section 42(2) The Council in place immediately before the grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 42(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice-Chancellors of Zetech University immediately before the grant of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term. Section 42(4) All persons who were members of staff of Zetech University shall be deemed to have been appointed under this Charter on the same Terms and Conditions of Service. Section 42(5) All the students of Zetech University, who were pursuing degree, diploma, certificate, and post graduate degree programmes as at the commencement date of this Charter, shall be deemed to be students of the University and shall complete their courses and be awarded degrees, diploma, certificate, and post graduate degree programmes certificate, as the case may be, of Zetech University. - 43
MISCELLANEOUS PROVISIONS - 43. Variation or revocation of this Charter
AI-assisted research summary: This Charter may be varied or revoked in accordance with the Act.
Section 43. Variation or revocation of this Charter Section This Charter may be varied or revoked in accordance with the Act. - 44
MISCELLANEOUS PROVISIONS - 44. Dissolution of the University
AI-assisted research summary: If the University is dissolved and its debts are paid, the remaining funds, assets or properties vest in the sponsor of the University.
Section 44. Dissolution of the University Section Subject to the provisions of this Charter, in the event of the dissolution or winding up of the University, after the satisfaction of all its debts and liabilities, the remainder of funds, assets or properties will be vested in the sponsor of the University.
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