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UNIVERSITIES AND OTHER TERTIARY INSTITUTIONS ACT, 2001.

ARRANGEMENT OF SECTIONS.

   Section

DIVISION ONE
PRELIMINARY PROVISION.

Part I
Short title, interpretation and objectives of the Act.

   1.   Short title.

   2.   Interpretation.

   3.   Objects of the Act.

DIVISION TWO
THE NATIONAL COUNCIL FOR HIGHER EDUCATION.

Part II
Establishment of the National Council for Higher Education.

   4.   Establishment of a National Council.

   5.   Functions of the National Council.

   6.   Powers of the National Council.

   6A.   Minister to issue policy directions.

Part III
Composition of the National Council and tenure of office.

   7.   Composition of the National Council.

   8.   Disqualification of members.

   9.   Vacation of office of the National Council.

   10.   Meetings of the National Council.

   11.   Remuneration of members.

   12.   Minister's power to give guidance.

Part IV
Staff of the National Council.

   13.   Executive Director.

   14.   Deputy Executive Director.

   15.   Other staff.

Part V
Financial provisions of the National Council.

   16.   Funds of the National Council.

   17.   Financial year of National Council.

   18.   Estimates of National Council.

   19.   Accounts and audit of National Council.

Part VI
Other provisions relating to the National Council.

   20.   Committees of the National Council.

   21.   Rules of the National Council.

DIVISION THREE
PUBLIC UNIVERSITIES.

Part VII
Establishment of a Public University.

   22.   Establishment of a Public University.

   23.   University to be a body corporate.

   24.   Objects and functions of a Public University.

   25.   Location of a Public University.

   26.   Visitor of Public University.

   27.   Membership of Public University.

   28.   Admission to a Public University.

   29.   Constituent colleges of Public Universities.

Part VIII
Officers of a public university.

   30.   Chancellor of a Public University.

   31.   Vice Chancellor of Public University.

   32.   Deputy Vice Chancellors.

   33.   University Secretary.

   34.   Academic Registrar.

   35.   University Librarian.

   36.   University Bursar.

   37.   The Dean of students.

Part IX
The Public University Organs.

The University Council.

   38.   University Council for Public University.

   39.   Chairperson and Vice Chairperson.

   40.   Functions of the University Council.

   41.   Powers of the University Council.

   42.   Meetings of a University Council.

   43.   Committees of a University Council.

The University Senate and other academic bodies.

   44.   University Senate.

   45.   Functions and powers of the Senate.

   46.   Procedure of the Senate.

   47.   Honorary degrees.

   48.   Board of faculties, institutes and colleges.

   49.   Department of faculties, etc.

Part X
Staff of a Public University.

   50.   Appointments Board.

   51.   Staff of a Public University.

   52.   Appointment of staff.

   53.   Deans and Directors.

   54.   Heads of Departments.

   55.   Removal of officers and employees from office.

   56.   University Staff Tribunal.

   57.   Appeal against decision of Appointments Board.

Part XI
Financial provision for Public Universities.

   58.   Management of property of a Public University.

   59.   Funding of Public University.

   60.   Borrowing powers of Public University.

   61.   Financial year of Public University.

   62.   Estimates of a University.

   63.   Accounts of a University.

   64.   Audit for a University.

Part XII
General provisions relating to Public Universities.

   65.   Contracts by Public University.

   66.   Service of documents on University.

   67.   Annual report by University.

   68.   Staff Association.

   69.   Students Association.

   70.   Convocation.

   71.   Affiliation of Tertiary Institution to a Public University.

   72.   University statutes.

   73.   Repeal and saving of Acts, 32 of 1970, Statute No. 9 of 1991, Statute No. 6 of 1992, Statute No. 14 of 1992.

   74.   Vesting of assets and liabilities.

DIVISION FOUR
PUBLIC INSTITUTIONS OF HIGHER EDUCATION OTHER THAN UNIVERSITIES.

Part XIII
Establishment and management of Public Tertiary Institutions.

   75.   Establishment of Public Tertiary Institution.

   76.   Functions of a Public Tertiary Institution.

   77.   Governing Council.

   78.   Functions and powers of Council.

   79.   Meetings of the Council.

   80.   Committees of the Council.

   81.   Academic Board.

   82.   Meetings of the Academic Board.

Part XIIIA
Establishment and management of Other Degree Awarding Institutions.

   82A.   Establishment of Other Degree Awarding Institutions.

   82B.   Other Degree Awarding Institution to be a body corporate.

   82C.   Other provisions relating to Other Degree Awarding Institutions.

   82D.   Application to establish a Private Other Degree Awarding Institution.

   82E.   Provisional licence for Private Other Degree Awarding Institution.

   82F.   Application of other provisions to an Other Degree Awarding Institution.

Part XIV
Officers and staff of a Public Tertiary Institution.

   83.   Principal of a Public Tertiary Institution.

   84.   Secretary, Registrar and Bursar.

   85.   Appointment of other officers.

   86.   Appointment of other staff.

   87.   Disciplinary procedure.

Part XV
Financial provision for Public Tertiary Institutions.

   88.   Funds of a Public Tertiary Institution.

   89.   Financial year for Tertiary Institution.

   90.   Estimates of a Public Tertiary Institution.

   91.   Accounts and audit of Public Tertiary Institution.

Part XVI
Other matters relating to Public Tertiary Institutions.

   92.   Students' Association.

   93.   Academic Staff Association for Tertiary Institution.

   94.   Seal of a Tertiary Institution.

   95.   Transitional provision for public institutions.

DIVISION FIVE
PRIVATE UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER EDUCATION.

Part XVII
Establishment of a Private University.

   95A.   Letter of Interim Authority.

   96.   Application to establish and operate a Private University.

   97.   Provisional licence for a Private University.

   98.   Refusal, suspension or revocation of a licence.

   99.   Report on evaluation under provisional licence.

   100.   Application for grant of a Charter and accreditation.

   101.   Recommendation for accreditation.

   102.   Granting of Charter to a Private University.

   103.   Effect of grant of Charter and accreditation.

Part XVIII
Other matters relating to Private University.

   104.   Private University Charter.

   105.   Officers of a Private University.

   106.   Membership of a Private University.

   107.   Governing body of a Private University.

   108.   Academic structure of a Private University.

   109.   Annual report, audited accounts of Private University.

   110.   Revocation of a Charter.

   111.   Constituent colleges or campuses of and affiliation to a Private University.

Part XIX
Establishment of Private Tertiary Institution.

   112.   Application for a provisional licence by Tertiary Institution.

   113.   Provisional licence for Private Tertiary Institution.

   114.   Application for certificate of classification and registration.

   115.   Grant of Certificate of Classification and registration.

   116.   Effect of Publication of a certificate of classification.

   117.   Revocation of a provisional licence or certificate of classification.

DIVISION SIX
MISCELLANEOUS PROVISIONS RELATING TO INSTITUTIONS OF HIGHER EDUCATION.

PART XX
Provisions for the regulations of institutions of higher education.

   118.   Operating Institution contrary to this Act an offence.

   119.   Qualification of lecturers.

   119A.   Accreditation of institutions and their academic and professional programmes.

   120.   Language of Instruction.

   121.   Admission and assessment to be on merit.

   122.   Change of name of Institution.

   123.   Institutional standards.

   124.   Classification of Tertiary Institutions.

   125.   Registers of Universities and Tertiary Institutions.

   126.   Annual report.

   127.   Teaching to include practical solutions.

   128.   Regulations.

   129.   Rights of appeal.

Part XXI
Transitional provisions.

   130.   General Repeal, Statute No. 8 of 1990, Statute No. 14 of 1998.

   131.   Existing institutions.

   132.   Makerere University Business School.

 

      Schedule.

 

UNIVERSITIES AND OTHER TERTIARY INSTITUTIONS ACT, 2001.

Commencement: 6 April, 2001.

   An Act to provide for the establishment of the National Council for Higher Education, its functions and administration and to streamline the establishment, administration and standards of universities and other institutions of Higher Education in Uganda and to provide for other related matters.

 

DIVISION ONE
PRELIMINARY PROVISION.

 

Part I
Short title, interpretation and objectives of the Act.

 

1.   Short title.

   This Act may be cited as the Universities and Other Tertiary Institutions Act, 2001.

 

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "accreditation" means public acceptance and confirmation evidenced by the grant of a Charter that a University meets the requirements and standards of academic excellence set by the National Council;

   "Affiliated Tertiary Institution or College" means a Tertiary Institution or College established as such under section 71 or 111 of this Act;

   "Certificate of Classification" means a Certificate issued by the National Council at the registration of a Tertiary Institution;

   "Chancellor" means a person appointed as such by the President under section 30 of this Act;

   "Charter" means a Charter granted by the President under this Act as evidence that the University meets the requirements and standards of academic excellence set by the National Council;

   "Classification" means the grouping of tertiary institutions according to the type of Higher Education or Programmes being provided or offered by the institution;

   "Constituent College" means a college established or declared as such under section 29 or 111 of this Act;

   "course of study" means the structure for a certificate, diploma, degree or other academic qualification and the subjects of study in that course;

   "Governing Council" means the Governing Council of any Other Degree Awarding Institution established under section 82A or the Governing Council of a Tertiary Institution established under section 77 of this Act;

   "Letter of Interim Authority" means the authorisation referred to in section 95A and issued by the National Council to the promoter of a private University to enable the promoter mobilise resources for the further development of the proposed university;

   "Minister" means the Minister responsible for education;

   "National Council" means the National Council for Higher Education established under section 4;

   "operate a University or Tertiary Institution" includes conducting courses or programmes of study by any method of delivery, whether residential or distance, electronic or print, satellite or similar form of transmission of information;

   "Other Degree Awarding Institution" means any public or private institution or centre of higher education other than a University, one of the objects of which is the provision of post secondary education offering courses of study leading to the award of certificates, diplomas and degrees and conducting research and publishing the results of the research;

   "person" includes any individual, firm, company, association, or body of persons, whether incorporated or not;

   "Private University" means a University registered under this Act the proprietor of which is a person, firm or organisation other than Government and basically maintained out of funds other than public funds;

   "promoter of a private University" means a person intending or proposing to establish and operate a private University in Uganda;

   "Provisional licence" means a licence issued to a University or Tertiary Institution allowing it to function under the observation of the National Council to assess its prospects for accreditation or classification;

   "Public University" means a University established by the Minister with the approval of Parliament under section 22 and maintained out of public funds;

   "Tertiary Institution" means any Public or Private Institution, School or centre of Higher Education other than a University, one of the objects of which is to provide post secondary education offering courses of study leading to the award of certificates or diplomas and conducting research and publish;

   "University" means any Institution, School, Institute or centre of Higher Education, other than a Tertiary Institution, one of the objects of which is the provision of post-secondary education offering courses of study leading to the award of certificates, diplomas and degrees and conducting research and publish;

   "Vice Chancellor" means the person appointed under section 31 of this Act who is responsible for the academic, administrative and financial affairs of the University;

   "Visitor" means the President of Uganda as is provided under section 26 of this Act.

 

3.   Objects of the Act.

   The objects of this Act are to establish and develop a system governing institutions of higher education in order to equate qualifications of the same or similar courses offered by different institutions of higher education while at the same time respecting the autonomy and academic freedom of the Institutions and to widen the accessibility of high quality standard institutions to students wishing to pursue higher education courses by—

   (a)   regulating and guiding the establishment and management of those institutions;

   (b)   equating the same professional or other qualifications as well as the award of degrees, diplomas, certificates and other awards by the different institutions.

 

DIVISION TWO
THE NATIONAL COUNCIL FOR HIGHER EDUCATION.

 

Part II
Establishment of the National Council for Higher Education.

 

4.   Establishment of a National Council.

   (1) There is hereby established a council to be known as the National Council for Higher Education.

   (2) The National Council shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.

   (3) The seal of the National Council shall be—

   (a)   kept under the custody of the Executive Director;

   (b)   such device as the National Council may determine and the affixing of the seal shall be authenticated by the signatures of the Chairperson and the Executive Director or a person acting in any of the two offices.

   (4) Every document purporting to be an instrument executed or issued by the National Council and sealed with the seal of the National Council, authenticated in the manner provided under subsection (3), shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is proved.

 

5.   Functions of the National Council.

   The functions of the National Council shall be—

   (a)   to implement the objects of this Act;

   (b)   to promote and develop the processing and dissemination of information on higher education for the benefit of the people;

   (c)   to advise the Minister on the establishment and accreditation of public and private institutions of Higher Education;

   (d)   to receive, consider and process applications for—

      (i)   the establishment and accreditations of private Tertiary Institutions, private Other Degree Awarding Institutions and private Universities; and

      (ii)   the accreditation of the academic and professional programmes of those institutions in consultation with Professional Associations and Regulatory Bodies;

   (e)   to register all institutions of Higher Education established under this Act;

   (f)   to receive and investigate complaints relating to institutions of Higher Education and take appropriate action;

   (g)   to monitor, evaluate and regulate institutions of Higher Education;

   (h)   in co-operation with the relevant Government departments, private sector, or the different institutions of Higher Education, to evaluate the overall national manpower requirement and recommend solutions to the requirements;

   (i)   to ensure minimum standards for courses of study and the equating of degrees, diplomas and certificates awarded by the different public and private institutions of Higher Education;

   (j)   to set and coordinate national standards for admission of students to the different institutions of Higher Education;

   (ja)   to require and ensure that all universities, whether private or public, adhere to minimum criteria set by the National Council for admission to undergraduate and higher degree programmes;

   (k)   to determine the equivalence of all types of academic and professional qualifications of degrees, diplomas and certificates obtained elsewhere with those awarded by Uganda institutions of Higher Education for recognition in Uganda;

   (l)   to certify that an institution of Higher Education has adequate and accessible physical structures and staff for the courses to be offered by it;

   (m)   to promote national interests in courses of study and professional qualifications among the different types of institutions of Higher Education;

   (n)   to ensure that adequate facilities and opportunities for carrier guidance and counseling are provided by the institutions of Higher Education;

   (o)   to collect, examine and publish information relating to the different institutions of Higher Education;

   (p)   to generally advise the government on policy and other matters relating to institutions of Higher Education;

   (q)   to perform any other function incidental to the objects of this Act or relating to higher education in Uganda or that may be conferred upon it by the Minister or any other law.

 

6.   Powers of the National Council.

   The National Council shall have the powers to do all such things and acts that are necessary for, or incidental to the objects of this Act and without prejudice to the generality of the foregoing, may—

   (a)   acquire, hold, charge, alienate and dispose of property both movable and immovable;

   (b)   lease, or take on lease any land together with any improvements on the land;

   (c)   carry out any improvement upon any land held by it;

   (d)   derive capital or income from property held by it;

   (e)   raise or borrow money in such manner and upon such security as it may from time to time determine;

   (f)   invest any monies not immediately required in any investment or project;

   (g)   make regulations in respect of minimum requirements for admission of persons in the different types of institutions of Higher Education;

   (h)   mobilise funds and resources for institutions of Higher Education activities;

   (i)   delegate any of its powers and functions, other than the approval of estimates or any powers required by this Act to be exercised by resolution of the National Council, to any member, officer or committee of the National Council as it may deem necessary;

   (j)   subject to any law in force at the time, enter into any legal contract with any publisher for the publication of materials written by the National Council.

 

6A.   Minister to issue policy directions.

   The Minister may issue directives of a policy nature to all institutions of higher education, whether public or private, and the institutions shall give effect to those directives.

 

Part III
Composition of the National Council and tenure of office.

 

7.   Composition of the National Council.

   The National Council shall consist of—

   (a)   a Chairperson of the National Council;

   (b)   a Vice Chairperson of the National Council;

   (c)   one representative of the Vice Chancellors of public universities elected from among themselves;

   (d)   one representative of the Vice Chancellors of private universities elected from among themselves;

   (e)   one representative of Public Universities Senates elected from among themselves;

   (f)   one representative of Private Universities Senates elected from among themselves;

   (g)   two students one representing University students and one representing tertiary institutions students and one of whom shall be a female;

   (h)   four members of religious non degree awarding institutions appointed by the Minister;

   (i)   three representatives one each from commerce, industry and agricultural sectors;

   (j)   four persons representing other sectors of higher education, at least one of whom shall be a woman, and one a person with disability appointed by the Minister;

   (k)   the Officer in charge of higher education or his or her representative, from the Ministry responsible for education;

   (l)   the Executive Director; and

   (m)   one person from the public appointed by the National Council.

   (2) The National Council shall recommend two members from among themselves from whom the President shall appoint the Chairperson of the National Council.

   (3) The National Council shall elect a Vice Chairperson from among themselves.

   (4) Except for the ex officio members, all members of the National Council shall hold office for a period of five years from the date of appointment and shall be eligible for reappointment for one more term.

 

8.   Disqualification of members.

   A person shall not be appointed a member of the National Council who is—

   (a)   an undischarged bankrupt or has made any arrangement with his or her creditors;

   (b)   incapacitated by mental or physical illness that renders him or her incapable of performing the functions of the office.

 

9.   Vacation of office of the National Council.

   (1) The office of a member of the National Council shall fall vacant if—

   (a)   a member resigns office by writing under his or her hand addressed to the Executive Director;

   (b)   the member is disqualified from membership in accordance with section 8;

   (c)   a member is continuously and persistently unable to discharge the functions of the office;

   (d)   a member is convicted of an offence involving moral turpitude;

   (e)   a member dies.

   (2) Where a vacancy occurs the Executive Director shall notify the authority which appointed the member vacating office within one month and the authority shall appoint another person in that member's place.

 

10.   Meetings of the National Council.

   (1) The National Council shall meet for the discharge of its functions at least once in three months.

   (2) The Chairperson shall preside at all meetings of the National Council unless he or she is absent from a particular meeting in which case the Vice Chairperson shall preside.

   (3) In the event of the absence of the Chairperson and the Vice Chairperson from a meeting of the National Council, the members present shall elect one of the members present at that particular meeting to preside.

   (4) The National Council shall meet at least four times in each year, but the Chairperson may, and upon application in writing by at least one third of all the members, shall convene a special meeting of the National Council within 14 days.

   (5) The quorum for transaction of the business of the National Council shall be 13 members.

   (6) All questions at a meeting of the Council shall be determined by a majority of the votes of the members present and voting and in case of equality of votes the Chairperson shall have a casting vote.

   (7) The Chairperson shall, in case of equality of votes, have a casting vote in addition to his or her deliberative vote.

   (8) The National Council shall cause minutes of all proceedings of meetings of the National Council to be entered in a minute book kept for that purpose.

   (9) Subject to this Act, the National Council shall regulate its own procedure.

 

11.   Remuneration of members.

   The Chairperson and other members of the National Council shall be remunerated on terms that the National Council with the approval of the Minister may provide.

 

12.   Minister's power to give guidance.

   (1) The Minister may after consultation with the National Council give the National Council guidance on policy matters as may be appropriate.

   (2) The guidelines referred to in subsection (1) shall be in writing.

 

Part IV
Staff of the National Council.

 

13.   Executive Director.

   (1) There shall be an Executive Director who shall be appointed by the Minister on the recommendation of the National Council on terms and conditions that may be specified in the instrument of appointment.

   (2) The Executive Director shall hold office for a period of five years and shall be eligible for re-appointment.

   (3) The Executive Director shall be the chief executive officer of the National Council and shall be responsible for the day-to-day operations of the National Council.

   (4) Subject to the provisions of this Act and the general supervision and control of the National Council, the Executive Director shall—

   (a)   be responsible for the management of the funds, property and business of the National Council;

   (b)   be the accounting officer of the National Council;

   (c)   be responsible for the administration and control of the staff of the National Council; and

   (d)   be in custody of the seal of the National Council.

   (5) The Executive Director shall in addition to being a member, be the Secretary to the National Council and as such shall keep all records of the National Council.

 

14.   Deputy Executive Director.

   (1) The National Council may appoint a Deputy Executive Director on the terms and conditions that the National Council may determine.

   (2) The Deputy Executive Director shall deputise for the Executive Director and perform the functions of the Executive Director in the absence of the Executive Director and such other duties as the Executive Director or the National Council may direct.

 

15.   Other staff.

   The National Council shall have such other officers and employees as may be appointed by the National Council and the officers and employees shall hold office on terms and conditions that the National Council may determine.

 

Part V
Financial provisions of the National Council.

 

16.   Funds of the National Council.

   (1) The funds of the National Council shall consist of—

   (a)   money appropriated to the National Council by Parliament from time to time;

   (b)   grants, gifts and donations to the National Council;

   (c)   fees and other moneys paid for services rendered by the National Council;

   (d)   moneys that may, in any manner become payable to, or vested in the National Council in pursuance of the provisions of this Act or in relation or incidental to the carrying out of its functions.

   (2) The National Council shall operate a bank account in a bank determined by the National Council and the account shall be operated in a manner decided by the National Council.

 

17.   Financial year of National Council.

   The financial year of the National Council shall be the 12 months beginning from the 1st"> day of July and ending on the 30th"> day of June.

 

18.   Estimates of National Council.

   (1) The National Council shall within three months before the end of each national financial year, prepare and submit to the Minister for his or her approval, estimates of income and expenditure of the National Council for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the Minister for his or her approval, any supplementary estimates.

   (2) No expenditure shall be made out of the Fund of the National Council unless that expenditure is part of the expenditure approved by the National Council under estimates for the financial year in which that expenditure is to be made or in estimates supplementary to that year's estimates.

 

19.   Accounts and audit of National Council.

   (1) The National Council shall keep proper books of accounts and shall prepare the annual financial statements of accounts for the immediate preceding financial year not later than three months in the following year.

   (2) The annual accounts of the National Council shall be audited by the Auditor General or an auditor appointed by him or her.

   (3) The National Council shall, within three months after the end of each financial year submit—

   (a)   to the Minister an annual report in respect of that year containing—

      (i)   financial statements;

      (ii)   a report on the operations of the National Council;

      (iii)   any other information that the Minister may prior to the completion of the annual report or as otherwise supplementary thereto, direct in writing;

   (b)   to the Auditor General—

      (i)   the accounts of the National Council for the financial year; and

      (ii)   the annual report referred to in paragraph (a),

who shall audit the accounts of the National Council within two months after the receipt of them and submit his or her opinion on the accounts and the annual report to the Minister and the National Council.

   (4) The Minister shall cause copies of the annual report together with a copy of the audited accounts to be laid before Parliament at the first available opportunity after receipt of them, but not later than the next sitting of Parliament after the date on which the Minister receives the annual report and the audited accounts.

 

Part VI
Other provisions relating to the National Council.

 

20.   Committees of the National Council.

   (1) For the better carrying out of its functions, the National Council may, appoint such committees composed of its members, as it may consider necessary for a specific purpose and period.

   (2) A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the National Council and make findings and recommendations to the Council.

   (3) The Chairperson of a committee under this section shall be appointed by the National Council.

 

21.   Rules of the National Council.

   The National Council shall with the approval of the Minister, make rules consistent with the provisions of this Act regulating the conduct of the business of the National Council and, without derogating from the generality of the foregoing, regulate the following matters—

   (a)   recruitment and terms and conditions of service of National Council employees, including pensions and other retirement benefits;

   (b)   disciplinary control of officers and employees of the National Council;

   (c)   any other provisions that may be required for the better functioning of the National Council.

 

DIVISION THREE
PUBLIC UNIVERSITIES.

 

Part VII
Establishment of a Public University.

 

22.   Establishment of a Public University.

   (1) The Minister may by statutory instrument, on the recommendation of the National Council and by resolution of Parliament, establish a Public University.

   (2) The National Council shall within thirty days of the publication of the statutory instrument in the Gazette register the Public University established under subsection (1).

   (3) The National Council shall ensure that the University Council for the University established under subsection (1) is constituted within six months of establishing the University.

 

23.   University to be a body corporate.

   (1) A University established under section 22 shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and subject to this Act, may do all such things as bodies corporate may lawfully do.

   (2) The seal of a Public University shall be such devise as may be determined by the University Council, and the affixing of the seal shall be authenticated by the signatures of the Vice Chancellor and the University Secretary.

   (3) Any document purporting to be a document executed or issued under the seal of a University authenticated as aforesaid, shall be received in evidence and shall, unless the contrary is proved, be deemed to be duly executed.

   (4) Notwithstanding subsection (3), for the purposes of degrees, diplomas, certificates and other awards of a Public University the seal of the University shall be authenticated by the signatures of the Vice Chancellor and the Academic Regis

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