THE EDUCATION ACT 1964-1987
3. In the performance of its functions and the exercise of its powers under this Act, the Board shall have regard to the needs of the State
and the recommendations made by Councils of colleges of advanced education and its advisory committees.
51 E. Constitution of Council
1. The Govenor in Council may, on the recommendation of the Minister, constitute a Council fora college of advanced education.
A Council may be so constituted notwithstanding that, at the date of such constitution, the college has not been established.
2. A Council constituted as aforesaid shall be a body corporate under the name 'Council of the (name of college)' and shall have perpetual succession and a common seal which shall be judicially noticed and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding, leasing and alienating (by exchange, grant, sale, purchase, demise or otherwise) property or any interest therein and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.
3. Until the Governor in Council otherwise prescribes, a Council shall consist of -
(i) a nominee of the Minister who shall, in his appointment, be designated and shall be chairman;
(ii) the principal officer of the college, who shall be an ex officio member;
(iii) a person nominated by the Director-General;
(iv) not fewer than four nor more than twelve persons who are associated with or have an interest in the professions or industries for which the students of the college are being prepared;
(v) not fewer than two nor more than four staff members of the college elected by the staff of the college in accordance with the by-laws, save in the case of a Council first constituted in which case such staff members shall be elected by the staff of the college in such manner as the Minister may determine;
(vi) two enrolled students of the college elected by the student body of the college in accordance with the by-laws, save in
the case of a Council first constituted in which case such enrolled students shall be elected by the student body in such manner as the Minister may determine;
(vii) not more than two persons nominated by the other members of the council as soon as is practicable after such other members become members.
4. The member of a Council, determined in accordance with this Act, shall be appointed by the Governor in Council by notification published in the Gazette and shall, where it is not otherwise provided, be appointed on the recommendation of the Minister.
5. Notwithstanding the provisions of subsection (1) of section 56 of this Act, the term of office of a member of a Council who is nominated pursuant to paragraph (vii) of subsection (3) of this section shall, subject otherwise to this Act, expire on the same day as that on which the terms of office of the other members of the Council whose terms of office expire by effluxion oftime so expire.
6. The members of a Council shall appoint from among their number a person to be deputy chairman of the Council and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Council determines.
51 F. Functions and powers of Council
1. Subject to this Act, the Council of a college of advanced education shall provide courses in advanced education suitable to the needs of the community. It shall be responsible for the development, control and management of the affairs and activities of the college and at all times shall act in such manner as appears best calculated to promote the purposes of the college.
2. Subject to this Act, the functions of a Council shall be-
(a) to be responsible for the care and maintenance of any real or personal property under its control or management;
(b) to co-operate with the Board of Advanced Education and, where applicable, the Board of Teacher Education to ensure that the college provides courses or programs of study to meet the needs of the region that the college serves and of the State, and to make awards as designated by the Board of Advanced Education;
(c) to submit to the Board of Advanced Education at such times as may be required by that Board, estimates of financial needs for periods specified by that Board;
(d) to approve expenditure within the funds allocated in the budget approved by the Board of Advanced Education;
(e) to delegate to the principal officer of the college or to the holder of some other office in the college, such of its powers as it considers necessary to enable the college to function efficiently;
(f) to appoint such committees as it considers necessary to assist it to perform its functions;
(g) to appoint staff as necessary;
(h) subject to the approval of plans by the Board of Advanced Education, to undertake projects included in the approved program of capital expenditure for a triennium;
(i) subject to the approval of the Governor in Council, to make by-laws in relation to the college in accordance with the provisions of section 62C of this Act;
(j) to report on any matter referred to it by the Board of Advanced Education or the Board of Teacher Education;
(k) to perform such other functions in relation to the college as may be required by the Board of Advanced Education.
3. A Council shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act, or as the Governor in Council from time to time prescribes by Order in Council.
62C. Council may make by-laws
1. The Council of a college of advanced education may from time to time make by-laws not inconsistent with this Act or the regulations for or with respect to -
(i) the management and conduct of the college and definition of the powers and duties of the persons employed in such college;
(ii) the use and custody of the common seal;
(iii) penalties not exceeding five hundred dollars for contra- vention of or failure to comply with Council by-laws and rules made thereunder and the recovery and enforcement of penalties;
(iv) the discipline of employees of the college and punishment for breaches of discipline;
(v) the discipline of students of the college and punishment for breaches of discipline including exclusion from attendance at the College;
(vi) the election of the elected members of the Council;
(vii) the conduct of meetings of the Council;
(viii) the appointment of committees of the council and the quorum, powers and duties of any such committees;
(ix) the manner of appointment, promotion and dismissal of employees of the Council;
(x) the establishment of residential colleges and halls of resid- ence and their conduct, and the affiliation of residential colleges with the college;
(xi) the affiliation with the college of an educational or research establishment;
(xii) the investment of funds belonging to or vested in the college;
(xiii) the granting of scholarships, bursaries and prizes;
(xiv) the Union of the college, including the powers, authorities and obligations of the Union, and member- ship fees;
(xv) the regulation of the parking of vehicles on the college site;
(xvi) the protection of the property of, or under the control of, the Council from trespass, damage or misuse;
(xvii) the regulation and control of, access to and the use of land and buildings the property of, or under the control of, the Council and of the conduct of persons thereon or therein;
(xviii) such other matters as may from time to time be necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Part and generally for the control, management, good government and discipline of the college.
Without limiting the generality of provisions (xv) and (xviii) of this subsection, by-laws made pursuant to those provisions-
(a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing onto or parking or standing on land or premises under the control of the Council in breach of the Council's by-laws whether or not he was in charge of the vehicle at the material time;
(b) may define the person who shall betaken to bel he owner of a vehicle for the purposes of the by-laws;
(c) may prescribe the proof necessary or sufficient to establish the owner's identity;
(d) may provide for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time.
The provisions of subparagraph (d) of the preceding paragraph shall not be so construed that the owner of a motor vehicle and the person in charge of it at the time an offence was committed with or in respect oft he vehicle shall both be punished for the one offence.
2. (Repealed)
3. A by-law may authorise the Council to make rules for the carrying into effect of all or any of the provisions and objects ofthe by-Jaws.
4. All rules made pursuant to any by-law by the Council shall be offull force and effect on and from the day on which they are promulgated in accordance with the by-Jaw under which they are made or on and from such later dates as may be specified in the rule, and the production of a verified copy of any such rule under the common seal of the Council is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially.
5. Where no other provision is made for the recovery or enforcement