STATUTES
In exercise of the powers conferred under section 22 of the Act__________ the council of the University hereby makes the following statutes: These statutes shall be cited as the Benadir University
STATUTE I
The Chancellor
1. Subject to the provisions of the Benadir University Act, ________ and this statute the conditions of appointment of the Chancellor shall be as set out in schedule to these Statutes and subject to amendments thereto determined by the Council from time to time.
2. The Chancellor shall hold office for a period of five years provided that he may resign his office by giving six months notice in writing to the Foundation.
3. The chancellor shall be the academic and administrative head of the University and as such shall be responsible to the Council for maintaining and promoting the efficiency and good order of the University.
4. The chancellor shall be virtue of this office be a member of every committee appointed by the Council or Academic Committee unless otherwise explicitly provide.
5. The chancellor shall by virtue of being the overall administrative head of the University, the accounting officer of the University.
6. The chancellor shall be responsible for policy matters, planning, co-ordination, public relations, fund raising and general development of the University.
7. The chancellor shall be:
(i) Chairman of Academic Committee
(ii) Chairman of Associate Professional Appointments Committee
(iii) Chairman of the University Management Board.
8. The chancellor shall have such other power and duties as may be conferred upon by the Council in accordance with the Benadir University Act.
9. The chancellor may assign or delegate any of his duties to a committee or to a member of the University staff and may withdraw any assignment or delegation at any time.
STATUTE II
The Vice-Chancellor Academic
1. The Vice-Chancellor shall be appointed by the Council after consultation with the Chancellor from among professors of the University.
2. Vice-chancellor shall cease to hold office in the event of ceasing to be a full-time member of staff of the University and provided further that he may resign the office or the Council may terminate his services as Vice-Chancellor by giving six months’ notice in writing. The conditions of appointment of the Vice-Chancellor shall be as set out in these Statutes and subject to amendments thereto determined by the Council from time to time. The Vice-Chancellor shall be the head of the academic and administrative division whose functions include:
Preparation of syllabuses and regulations, co-ordination of examinations, research, admissions, students’ welfare services and academic staff training. And supervisorsing Administration and financial divisions of the University.
3. The vice-chancellor shall have such other duties as may be assigned or delegated to him by the chancellor in accordance with statute iii.
STATUTE III
Administration and Financial Director.
1. The Financial and Financial Director shall be appointed by the Council in consultation with the Chancellor from among professors of the University.
2. The administration and financial director shall hold office for five years. Shall cease to hold the office in the event of ceasing to be a full-time member of staff of the University and provided further that he may resign his office or the Council may terminate his service by giving six months’ notice in writing.
3. Administration and Financial Director shall be the head of the administration and finance divisions of the university whose functions include: management of personnel matters, finance and assets.
4. Administration and Financial Director shall be chairman of:
Appointments Committees for non-academic staff within the central administration of the University up to level of senior assistant registrar and other equivalent non-teaching staff grades.
5. Administration and Financial Director shall have such other duties as may be assigned or delegated to him by the Chancellor in accordance with statute III.
STATUTE IV
The registrar
1. Subject to the provision of the University Act, and these Statutes, the conditions of appointment of registrar shall be as set out in, these statues and subject to amendments thereto as determined by the Council from time to time.
2. A person appointed as a registrar shall hold office for a period of five years provided that he may resign his office or the Council may terminate his services as registrar of the University by giving six months’ notice in writing.
3. A registrar of the University shall, by virtue office, be a member of all committees and boards within the University.
STATUTE V
The Deans
1. Subject to the provision of the University Act, and these Statutes, the conditions of appointment of faculty deans shall be as set out in, these statues and subject to amendments thereto as determined by the Council from time to time.
2. A person appointed as a dean shall hold office for a period of five years provided that he may resign his office or the Council may terminate his services as dean of the faculty by giving six months’ notice in writing.
3. A dean of faculty shall, by virtue of his office, be a member of every faculty board within the respective faculties, and a member of every committee appointed by the respective faculties management and Academic Boards, unless otherwise explicitly provided.
4. The dean of faculty shall be the academic and administrative head of the respect faculty and as such shall be responsible to the chancellor of maintaining and promoting efficient management of the faculty.
5. A dean of faculty may assign or delegate any of his duties to a committee or to a member of the faculty staff and may withdraw any such assignment or delegation at any time.
6. A dean faculty shall have such other duties as may be assigned or delegated to him by the chancellor in accordance with statute I.
STATUTE VI
The Librarian
1. Subject to these Statutes, the Librarian shall hold office upon such terms and conditions as shall be determined by the Academic Committee.
2. The Librarian shall be responsible to the Chancellor for the organization and operation of the library services of the University.
3. In addition to running the main University Library, the University Librarian shall also be responsible for setting technical standards for all libraries within the university, providing certain centralized services and co-ordination.
4. There shall be established faculty libraries in each of the faculties.
5. Each Faculty Library shall be headed by a faculty librarian who, in regard to professional and technical matters, shall be responsible to the University Librarian, and in regard to general administrative matters, shall be responsible to the Dean.
STATUTE VII
Terms and Conditions or Service of University Staff
1. The Academic Committee of the University shall determine the terms and conditions of appointment of all the staff of Benadir University.
2. Subject to this statute the Academic Committee shall appoint such academic and administrative staff as it may deem necessary for the efficient functioning of the University with such duties and upon such terms and conditions as the Academic Committee may prescribe.
STATUTE VIII
The University Council
1. The membership powers and functions of the University Council shall be as prescribed in the Benadir University Act.
2. Unless the Council otherwise determines, a meeting of the council shall be held at lest once in each Academic term at such time and place as the Chairman may appoint.
3. At all meetings of the council quorum shall be the nearest whole number above half the membership.
4. Decisions of the Council will be by a simple majority vote of those present and voting, provided that the Chairman of the Council shall have a casting vote in case of an equality of votes and provide that in the enactment of statutes the provisions of section 22 (3) of the Benadir University Act ------------ shall apply.
5. The chairman may in any time call a meeting of the Council and shall call a meeting within 28 days of receiving a request for that purpose addressed to him and signed by at least a third of the membership of the council.
6. The chairman, or in his absence, the Vice-Chairman, shall preside at all meetings of the Council at which he is present and in the absence of both the Chairman and Vice-Chairman, the members present shall elect a temporary chairman from among themselves.
7. The Council may, at the discretion of the Chairman, transact any business by the circulation of papers and decision so taken shall be submitted for ratification at the next meeting of the Council.
8. (I) The Council may, subject to such limitations as it may think fit, delegate any of its powers or duties to the Chairman or to committees consisting of such members of the Council as may think fit and the Council may empower any such committee to act jointly with any committee appointed by the Academic Committee. Provided that the council shall not delegate to the chairman or to a committee the power to approve without further reference to the Council the annual Estimates of Expenditure and Accounts
II. The following are the committees of the Council:
I. Finance and General Purpose Committee
II. Standing committee on Staff Terms of Service.
III. Building Committee
IV. Tender committee
V. Housing committee
VI. Staff appointment committee.
VII. Staff disciplinary Committee
(a) Senior staff disciplinary
(b) Junior staff disciplinary
9. The chairman of the council shall be an ex-officio member of every committee of he Council but shall not be chairman of any such committee unless specifically so provided. The Council shall nominate the Chairman of each Council Committee, provided that in the absence of the Chairman of any such committee the members present and consisting a quorum may elect a temporary Chairman from among themselves.
10. Unless the council otherwise determines, a quorum of any committee of the council shall be the nearest whole number above half membership of the committee.
11. The council shall cause minutes of its proceedings to be kept by the Secretary of Council and such minutes shall be confirmed, subject to any necessary amendment at a subsequent meeting.
12. Subject to the provisions of the Benadir University Act ----------- and these statutes, the Council shall have power to regulate by such means as it may think fit its own procedure and that of any of its committees.
STATUTES IX
University Management Board
1. There shall be a University Management Board whose membership shall be:
¯ The chancellor – chairman
¯ The vice-chancellor
¯ Administration and Financial Director
¯ Dean of Faculties
¯ Registrar
2. The University management board shall be responsible for;
I. The co-ordination of development plans for the Faculties
II. The efficient management of University resources, both human and material
III. Making proposals to the Council and the Academic Committee on policies that have a University-wide application.
IV. Any other matters related to the management of the University and the Faculties.
3. Unless the University Management Board otherwise determines a meeting of the University Management Board shall be held at least one every month at such time and place as the chairman may appoint.
4. At all meetings of the University Management Board a quorum shall be the nearest whole number above half the membership of the University Management Board.
5. Decision of the University Management Board shall be by a simple majority vote of those present and voting, provided that the chairman of the University Management Board shall have a casting vote in the event of an equality of votes.
6. The chairman may at any time call a meeting of the University Management Board and shall call a meeting within 21 days of receiving a request for that purpose addressed to him and signed by 30% of the members of the University Management Board.
7. The chairman, or in his absence, the vice-chancellor shall preside at meetings of the University Management Board at which he is present and in the absence of both the Chancellor and the vice-chancellor, the members present shall elect a temporary chairman from among themselves.
8. The University Management Board may, subject to such limitations as it may think fit, delegate any of its duties to the chairman or to committees consisting of such members of the University Management Board and other persons as it may think fit, and the University Management Board may empower any such committee to act jointly with any committee appointed by either the Academic Committee or Faculties Academic Board or Faculty Management Board.
9. The Chancellor shall be an ex-officio member of every committee of the University Management Board, but shall not be chairman of any such committee unless specifically so provided.
10. The University Management Board shall cause a copy of its minutes to be sent to the Secretary of the Council as soon as such minutes have been confirmed.
11. Subject to the provisions of this statute, the University Management Board shall have power to regulate by such means as it may think fit its own procedure and that of its committees.
12. The University Management Board shall have such other powers and or duties as may be assigned or delegated to it by the Council in accordance with statute.
STATUTE X
The University Academic Committee
1. The membership, powers and functions of the University Academic Committee shall be as prescribed in the Benadir University Act ------------.
2. Unless the Academic Committee otherwise determines, meetings of the Academic Committee shall be held at least three times in each academic term at such time and place as the Chairman of the Academic Committee may appoint.
3. The Chairman of the Academic Committee may at any time call a meeting of the academic committee and shall call a meeting within ten days of receiving a request for that purpose addressed to him and signed by not less than 30% of the members of the Academic Committee.
4. The Chairman of the Academic Committee or, in his absence, the vice-chancellor shall preside at all meetings of the academic committee at which he is present and, in the event of the absence of both the Chairman of the Academic Committee and the vice-chancellor the members present and constituting a quorum shall elect a temporary Chairman from among their number.
5. Any meeting of the Academic Committee a quorum shall be the nearest whole number above half the membership of the Academic Committee.
6. The Chairman of the meeting shall have an original and a casting vote.
7. (I) The Academic Committee may, subject to such limitation as it may think fit, delegate any of its powers or duties to committees consisting of such members of the Academic Committee and other persons; and the Academic Committee may empower, any such committee to act jointly with nay committee appointed by the Council.
(II) The following are the committees of Academic
(a) Deans committee
(b) University Development and Planning Committee
(c) Student’s Welfare Committee
(d) Library and Bookshop committee
(e) Students’ Disciplinary Committee
8. Subject to the provisions of this Academic Committee, the Academic Committee shall have power to regulate by such means as it may think fit its own procedure and that of its committees.
STATUTE XI
Faculty Academic Board
1. There shall be for each Faculty Academic Board whose membership shall be:
- Financial director
- Dean
- The faculty registrar /secretary
- All chairman of teaching departments within the faculty
- All professors and associate professors within the faculty
2. The Faculty Academic Board shall be responsible for the administration and management of the academic programmmes of the Faculty, and to that end its function shall include:
a. To propose regulations to the Academic Committee for the admission of students to the courses in the Faculty and their continuance with such courses:
b. To consider and select, and to recommend to the University Admissions Board for approval, the undergraduate students who apply to the Benadir University for admission for the courses offered at the Faculty;
c. To direct and make regulations on the teaching and research within the Faculty in accordance with University Rules and Statutes;
d. To recommend names or examiners for appointments by the Academic Committee.
3. Unless the Academic Board otherwise determines, Academic Board meetings shall be held at least three times in each academic term at such time and place as the chairman of the academic board may appoint.
4. The Chairman of the Academic Board may at any time call a meeting of the Academic Board and shall call a meeting within ten days of receiving a request for that purpose addressed to him and signed by not less than 30% of the members of the academic board.
5. The Chairman of the Academic Board or, in his absence, the deputy Dean, shall preside at meetings of the Academic Board at which he is present, and in the event of absence of both the Chairman of the board and the deputy Dean the members present and constituting a quorum shall elect a temporary Chairman from among their number.
6. At any meeting of the Academic Board a quorum shall be the nearest whole number above half the membership of the Academic Board.
7. The Chairman of the meeting shall have an original and a casting vote.
8. The Academic Board may, subject to such limitations as it may think fit, delegate any of its powers or duties to committees consisting of such members of the Academic Board and other persons as it may think fit; and the Academic Board may empower, any such committee to act jointly with any committee appointed by the Faculty Management Board.
9. Subject to the provisions of this statute, the academic board shall have power to regulate by such means as it may think fit, its own procedure and that of its committees.
STATUTE XII
Faculties of the University Benadir
The following are the Faculty of the University:
1. Faculty of Medicine
2. Faculty of Engineering
3. Faculty of Computer science & Information Technology
4. Faculty of Education
STATUTE XIII
Awarding of Degrees
1. Bachelor Degree
save as otherwise provided by this statute, a candidate shall not be awarded the degree of bachelor unless he shall have undertaken approved courses and satisfied the requirements of the University as a student of the university after admission and subsequently registration with the faculty as follows:-
(a) For the degree a bachelor of Medicine 6 years,
b)For the Degree of Bachelor of Engineering 5 years.
(b) For the degree of Computer Science 4 year.
(c) For the degree of Education 3 years.
2. The Academic Committee may accept, as part of the attendance of a student of the University qualifying him for the award of the degree of bachelor, periods of attendance as a student of another University or institution specially recognized by the academic committee for this purpose; and the Academic Committee may accept certificates of proficiency in any subject issued by a university as aforesaid, exempting from the examination of the University in a course or courses in such subject: provided that no student shall be awarded the degree of bachelor unless:
a) He shall have undertaken an approved course of the University as follows;
(i) For the degrees of education for at least two academic years, of which one shall be the final year;
(ii) For the degrees of bachelor of engineering faculty 3 years
(iii) For degree of bachelor of medicine and bachelor of surgery, for at least the final three years.
b) His period of attendance as a student at such university and at the University are together not less than the complete period prescribed for the award of the degree;
STATUTE XIV
University Examinations
1. University examination shall be conducted under the control of the Academic Committee.
2. There shall be internal and external examiners of the University appointed by the Academic Committee upon the recommendations of the Faculty Academic Board, who shall prepare examination papers where appropriate and examine students in the papers assigned to them by the faculty. External examiners shall be appointed from outside the University except that in the case of a re-examination, at a special examination of candidates who have failed in the ordinary University examination, a moderator may be appointed from within or without the University provided he has had no part in teaching the candidate in the subject of the paper under examination.
3. Every candidate for a University examination shall pay to the University, in respect such examination such fees as the Council shall prescribe.
4. In the event of any alleged examination irregularity, Academic Committee shall appoint a committee which shall investigate the alleged irregularity. Any person involved in the alleged irregularity shall be required to appear before this committee. The chairman shall then report the findings of the committee to the Chancellor who, one behalf of the Academic Committee, shall decide what further action may be necessary.
STATUTE XV
Honorary Degrees
1. (i) A proposal to grant an honorary degree may be made by a member of the Council or a member of the Academic Committee and shall be communicated in writing to the Chancellor.
(ii) Every such proposal shall be accompanied by a statement setting forth the degree recommended and the detailed grounds on which the recommendations are based.
2. (i) the Chancellor shall refer such proposal to an Honorary Degrees Committee consisting of the Chancellor, the vice-chancellor, the chairman of the Council, three members of the Academic Committee appointed by the Academic Committee and two members of the Council appointed by the Council.
(ii) In each case the Dean of the Faculty in which the degree is proposed to be conferred shall be consulted.
3. The Chancellor shall be Chairman of this Committee, and in the absence of the Chancellor, the committee shall appoint a Chairman from amongst its members.
4. Any recommendations made by this Committee for the conferring of any degree shall be reported to both the Council and the Academic Committee for confirmation
STATUTE XVI
Conferring of Degrees
1. Congregations of the University shall be held at least once a year and shall be presided over by the Chancellor or, in his absence, by the vice-chancellor or some other person nominated by the Chancellor.
2. Degrees shall be conferred at a congregation of Benadir University.
3. A candidate shall not be admitted to a degree, other than an honorary degree, unless the candidate has paid such fees as may be prescribed by the Council, and unless the vice-chancellor has certified that such candidate has satisfied all the conditions prescribed for such degree.
STATUTE XVII
Fees
1. Every person who wishes to be registered as a student for a degree of University shall pay to the University such registration fee and thereafter, such other fees, as the Council may from time to time determine.
2. The University shall have the right to withhold the conferment of any degree, certificate or award until any outstanding fees are settled with University.
STATUTE XVIII
Financial Regulations
1. All the funds, assets and property, movable and immovable of Benadir University shall be managed and utilized by the Council, in accordance with the provisions of this Statute and Benadir University Act--------- in such manner and for such purposes as in the opinion of the Council, would promote the best interests of the University.
Provided that the Council shall not change or dispose of any immovable property vested in it without the prior approval of the Chancellor, which approval the Chancellor is hereby authorized to give subject to such conditions, if any, as he may think it.
2. (i) All the moneys of the University shall be paid into one or other of the following accounts:
(a) The Endowment Fund
(b) The Special Account
(c) The Capital Account
(d) The Revenue Account
(e) Research grants account
(ii) (a) There shall be paid into the Endowment Fund all such moneys as are received by the University and declared specifically to be payable into that Fund.
(b) the Council shall not, save with the prior approval of the Chancellor expend any capital money of the Endowment Fund and shall pay into the revenue Account all interest received from investment of the moneys of the Endowment Fund.
(iii) (a) There shall be paid into the Special Account all such moneys as are received by the University for special purposes and as are not payable into the Endowment Fund.
b. The capital moneys and the interest there from of the Special Account shall be used and applied for special purposes of which such moneys were donated in accordance with conditions of the donation. Provided that if the conditions of the donation do not permit capital moneys there to be expended the Council, may, nevertheless with prior approval of the Chancellor, expend such capital moneys, or any portion thereof, if in the opinion of the Council, it is in the best interest of the University to do so.
(iv) (a) There shall be paid into the Capital Account all such moneys as are received by the University for the purpose of capital expenditure for the construction and improvement of the University.
(b) The capital moneys and the interest there from, of the Capital Account shall be used and applied on capital expenditure for the construction and improvement of the University.
(v) (a) There shall be paid into the Revenue Account:
(i) The interest received from the investment of the moneys in the Endowment Fund;
(ii) All fees; dues and other amounts payable by or in respect of students;
(iii) All revenue grants by the donors
(iv) All sums transferred under this Act from the endowment or any other amount to the revenue account.
(v) All other sums received by the University and not payable into the Endowment Fund or any other account.
(b) The moneys standing to the credit of the Revenue Account shall be used and applied for the management and working of the University in such manner and for such purpose as, in the opinion of the Council are best suited to promote the interest of the University.
(vi) (a) There shall be paid into the research grants account all such moneys as are received by the University for research purposes.
(b) Such moneys shall not be paid into any other account
(c) Moneys in the research grants account shall be used and applied by the
Council for specific purposes in accordance with the agreements made
between donors and the Council.
STATUTE XIX
Miscellaneous
1. These Statutes and the Regulations referred to hereunder shall commence on _______ excepting that where it is provided otherwise in any Statute or regulation such other date shall be deemed to be the commencing date for that particular Statute, or regulations.
2. The regulation appended hereto will come into force in accordance with the provisions of paragraph1 of this Statute and are to be read subject to those Statutes and Benadir University Act ------------.
3. The University Council may amend, add to or alter these Regulations as it deems fit from time to time. Provide that in accordance with section 15 (3) of Benadir University Act, the Council shall not amend, alter or add to the regulations governing courses of study and other academic matters without the receipt of a proposal or report thereon by the Academic Committee and provided further that the Council shall not reject any such report or request or amend any regulations so proposed without further reference to the Academic Committee.
4. The Rules and Regulation in force on the day prior to the commencement of these statutes shall, unless superseded by these Statute or the regulation referred to in paragraph 2 of this Statute, continue in force as though they were incorporated into these rules set out above and will in other respect be subject to the provisions of these Statutes and the Benadir University Act ---------.