Islamic University in Uganda Act

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...

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 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 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 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 a...

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 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 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 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 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 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 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 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 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 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 organ...

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 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 Re...

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 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 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 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 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 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 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 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)...

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 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 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 co...

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 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.