ra Leone Gaz Supplement 10 the Sie Vol. CXXXII, No. 50 dated 25th October, 200] THE TERTIARY EDUCATION COMMISSION ACT, 200] ARRANGEMENT OF SECTIONS Section Part I-PRELIMINARY 1 Interpretation Part H-ESTABLISHMENT OF COMMISSION 2. Establishment of Tertiary Education Commission 3. Composition of Commission 4. Remuneration of Chairman and other members of Commission 5. Filling of vacancies 6. Meetings of Commission Part III-FUNCTIONS OF COMMISSION ea Functions of Commission. Independence of Commission 9. Commission to appoint committees. o Part IV-ADMINISTRATIVE PROVISIONS Executive Secretary 1. Other staff of Commission 12. Funds of Commission 13. Accounts. 14. Annual repon. 15, RegulationsSine this 301 day of September, 2001 AHMAD TEJAN KABBAK. President. No. 8 2001 Sierra Leone The Tertiary Education Commission Act. 2001 Being an Act to establish the Tertiary Education Commission for the development of tertiary education in Sierra Leone and to provide for other matters connected therewith. th Oclober, 2008} Es cctaa by the President and Members of Paria ent assembled,interpretation Establishment of Tertiary Edi Commission Composition of Commission. No. 8 The Tertiary Education Commission Act 2001 Part ' PRELIMINARY 4. Inthis Act, unless the context otherwise requires — “Commission” means the Tertiary Education Commission established by section 2; “tertiary education institution” means — (a) auniversity or university college: (b) a polytechnic; or (c) apost secondary school educational institution at the prescribed level; “Minister"’ means the Minister responsible for education. Part II ESTA’ BLISHMENT OF COMMISSION 2, (1) Theres hereby established @ body to be known as the Tertiary Education Commission. (2) The Commission shall be a body corporate having perpetual succession, common seal, and capable of acquiring, holding and disposing of any property, whether mov able or immovable, and of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform 3. (1) The Commission shall consist of — (a) a Chairman, who shall be a person of wide academic and administrative experience: and (b) the following members: — @) two persons being heads of a unis ersity oF university college respectively in Sierra Leone or their representallv esNo. 8 The Tertiary Education Commission Act 2001 (it) (iii) (iv) Ww (vi) (vil) (vill) (ix) (x) (xi) (ii) a principal of a polytechnic in Sierra Leone representing polytechnic institutions on a rotational basis; a representative of the Science and Technology Council; Chairman, National Council for Technical, Vocational and other Academic Awards; Chairman, Conference of Principals of Teachers’ Colleges; one representative of the Chamber of Commerce, Industry and Agriculture; the National President, Conference of Principals of Secondary Schools; the Development Secretary or his representative; the Financial Secretary or his representative; the Director-General of Education or his representative; a representative of the Sierra Leone Academy of Arts and Sciences; four other persons from relevant bodies at least two of whom shall be women: Provided that the holder of an office referred to in sub paragraph (i), Gi), (iv), (viii), (ix) or (x) shall be represented by a deputy. (2) The Chairman or any other member of the Commission who is not a public officer shal! be appointed by the President on the recommendation of the Minister and subject to the approval ofdL No. 8 The Tertiary Education Commission Act 2001 Remuneration of Chairman and other members of Commission Filling of vacancies Parliament, from among persons who are not under any legal disability from holding public office and shall serve for a period of five years but any such appointment may be renewed when necessary (3) The Chairman or any member referred to in subsection (2) may resign his office by notice to the Minister and may be removed from office by the President on the recommendation of the Minister for ed inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for stated misconduct woe to which the provisions of section 137 of the Constitution shall, with the necessary modifications. apply (4) No member shall hold office under more than one provision in subsection (1) and where al any time a member becomes the holder of wo offices on the Commission. he shal) notify one of the institutions which he represents for another person to be nominated for appointment in his stead. 4. The Chairman or other member of the Commission shall be paid such remuneration or allowances as the Minister shall determine §, (1) Where the Chairman or a member of the Commission: dies. resigns, is removed from office or 1s absent from Sierra Leone for «a continuous period exceeding three months or is by reason of ines unable to perform the functions of his office— (a) the members of the Commission shall elect one 0! their number to act as Chairman unti] such time as the Chairman resumes his office or another 1 appointed in his stead: and (b) in the case of ihe member. the Chairman shal! amange, subject to this Act, to have another person. appointed. elected or nomiated to the Commission: as the case may be (2) Where a person is elected as Chairman or appointed | member to fill a vacancy, he shall hold office for the remainder of the : term of the previous Chairman of member and shall, subject to this Act be cligible for -appointment, re-election oF ye-nomination. as the vase may beNo. 8 The Tertiary Education Commission Act 2001 6. (1) The Commission shall meet, for the dispatch of business Meeungs. at such time and place as the Chairman may decide but shall meet at Jeast once every six months. (2) The Chairman shall, at the request in writing of not less than eight members of the Commission, call an extraordinary meeting of the Commission at such time and place as he may determine. (3) The Chairman shall preside at every meeting of the Commission and in his absence the members present shall elect one of their number to preside. (4) The quorum at a meeting of the Commission shall be eleven (5) All questions proposed at a meeting of the Commission shall be decided by a majority of the votes of the members present and Voting and where the votes are equal the Chairman or the person presiding shall have a casting vote. (6) The Commission may at any time co-opt any person to act as an adviser at its meeting but that person shall not be entitled to vote on any matter for decision by the Commission. (7). Subject to this section, the Commission shall regulate the procedure at its meetings Part II] — FUNCTIONS OF COMMISSION 7. (1). The object for which the Commission is established is to advise Government on tertiary education and to prov ide an institutional liaison with Government and other stakeholder organisations offering assistance in the tertiary education sector aid tc ensure parity of the products of tertiéty education institutions (2) Without prejudice to the generality of subsection (1), it shall be the responsibility of the Commission to - (a) consider estimates and proposed expenditures of every tertiary education institution in Sierra Leone; (b) seek funding from prospective donors in favour of the promotion of tertiary education in Sierra Leone; Functions of CommissionThe Tertiary Education Commission Act 2001 (©) (@) (e) w (g) (h) @) ® (k) assess the funding and other resources for academic programmes of all tertiary education institutions in Sierra Leone with a view to ensuring that their respective programmes are not at variance with the overall socio-economic aims and aspirations of the country; serve as a depository of all academic and non- academic programmes of tertiary education institution in Sierra Leone; liaise with the Senate and the Academic Boards or any such bodies of tertiary education institutions for the purpose of fulfilling its obligations under paragraph (d); advise and recommend, when necessary, remedies for any lapses in the performance of any tertiary education institution; ensure that the financial management policy of the Government is fully complied with by every tertiary education institution in Sierra Leone; ensure fair play in the admission of students to and the recruitment and promotion of staff of tertiary education institutions; advise, monitor and ensure parity in the terms and conditions of service, including promotion of staff, in tertiary education institutions in Sierra Leone; serve as the depository of all rules and regulations binding the conduct of students and staff of each tertiary education institution in Sierra Leone, advise the Government on the establishment of new universities, polytechnics or campuses; ONNo. 8 The Tertiary Education Commission Act 2001 (1) advise the Government on any reviews or modification of courses or legislation relating to polytechnics and universities, and (m) do all such things as will contribute to the attainment of the object stated in subsection (1). 8. In the performance of its functions under this Act, the Commission shall not be subject to the control or direction of any person or authority. 9. (1) The Commission may appoint committees consisting of members or non-members or both to exercise, or advise the Commission on, any of its functions under this Act. (2) The members of acommittee appointed under subsection (1) shall be paid such allowances as may be determined by the Commission. Part 1V—ADMINISTRATIVE PROVISIONS 10. (1) The Commission shall have an officer with the designation of Executive Secretary appointed by the Commission upon such terms and conditions as the Commission shall determine. (2). The Executive Secretary shall be responsible to the Commission for— (a) the day-to-day administration of the Commission; (b) the recording of minutes of meetings of the Commission; (c) overseeing the work and discipline of the other employees of the Commission; and (4) performing such other duties imposed on him by this Act or as the Commission may direct. Indepence of Commission, Commission to appoint Committees. Executive Secretary8 Other staff Commission Funds of Commission Accounts, Annual Report ons No. 8 The Tertiary Education Commission Act 2001 11. (1). There shall be appointed by the Commission such other employees as the Commission may require for the effective discharge of its functions under this Act. (2) Public officers may be seconded or otherwise give assistance to the Commission. 12. The activities of the Commission shall be financed by a fund consisting of- (a) monies appropriated by Parliament for the purposes of the Commission: (b) gifts or donations from any person or organisation, whether local or external, and (c) any monies otherwise accruing to the Commission in the course of its activities. 13. (1) The Commission shall keep proper books of accounts and proper records in relation to the accounts and shall prepare within the period of three months after the end of each financial year, a statement of its accounts in such form as the Auditor-General may direct. (2). The books and accounts of the Commission shall each year be audited by the Auditor-General or an auditor appointed by him and a report on the audit shal! be submitted to the Commission. 14, (1) The Minister shall table before Parliament within six months after the end of each financial year a report on the activities and operations of the Commission during the preceding year. (2). The report of the Commission referred to in subsection (1) shall include a copy of the audited accounts of the Commission together with the Auditor-General’s report on it. 1. The Commission may. by statutory instrument, make regulations to give effect to this ANo.8 The Tertiary Education Commission Act 2001 9 Passep in Parliament this 14th day of August, in the year of our Lord two thousand and one: J. A. CARPENTER, Clerk of Parliament. Tons PanwteD IMPRESSION has been carefully compared by me with the Bill which suas passed Parliament and found by me to be a true and correctly printed copy of the said Bill J. A, CARPENTER, Clerk of Parliament. 4 «