The College of Business Education Act

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CHAPTER 315
THE COLLEGE OF BUSINESS EDUCATION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. College.
4. Functions of College.
part ii
ESTABLISHMENT OF GOVERNING BODY
5. Establishment and incorporation of Governing Body.
6. Composition and tenure of Governing Body.
7. Functions of Governing Body.
8. Directions by Minister.
9. Appointment and functions of Rector.
part iii
FINANCIAL PROVISIONS
10. Vesting of assets.
11. Management of assets.
12. Funds of College.
13. Borrowing powers.
14. Investment.
15. Annual estimates.
16. Accounts and audit.
part iv
MISCELLANEOUS PROVISIONS
17. Rules.
18. Members of Governing Body not personally liable.
SCHEDULE

5. Annual estimates.
16. Accounts and audit.
part iv
MISCELLANEOUS PROVISIONS
17. Rules.
18. Members of Governing Body not personally liable.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the College of Business Education Act. 2. In this Act, unless the context otherwise requires-
“College” means the College of Business Education;
“College year” means such period of twelve months as the
Governing Body may determine;
“committee” means any committee formed by the Governing
Body pursuant to section 7(2);
“financial year” means the period of twelve months
commencing on the first day of July in any year unless the
Governing Body determines any other period of twelve
months under section 15;
“Governing Body” means the Governing Body of the College
established by section 5;
“member”, in relation to the Governing Body, includes the
Chairman;
Short title
Interpretation
Acts Nos. 17 of 1968 s. 2
38 of 1974 s. 2
6 of 2020 s. 9
CHAPTER 315
THE COLLEGE OF BUSINESS EDUCATION ACT
An Act to establish a Governing Body for the government of the College of
Business Education and for purposes connected therewith. [7th August, 1965]
[GN. No. 93 of 1965]
[R.L. Cap. 589]
Acts Nos.

overnment of the College of
Business Education and for purposes connected therewith. [7th August, 1965]
[GN. No. 93 of 1965]
[R.L. Cap. 589]
Acts Nos.

31 of 1965
17 of 1968
38 of 1974
2 of 2010
6 of 2020
GN. No. 1 of 2022

31 of 1965
17 of 1968
38 of 1974
2 of 2010
6 of 2020
GN. No. 1 of 2022

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
“Minister” means the Minister responsible for industry and
trade; and
“Rector” means the Rector of the College appointed under
section 9(1);
3. The College shall be governed and administered in
accordance with the provisions of this Act.

e Rector of the College appointed under
section 9(1);
3. The College shall be governed and administered in
accordance with the provisions of this Act.

4.–(1) The functions of the College shall be-
(a) to provide facilities for the study of, and for training in
the principles, procedures and techniques of business
administration;
(b) to conduct training programmes leading to recognised
professional and sub-professional qualifications in
business administration relevant to middle-level
managerial positions in trade and industry;
(c) to advance learning and knowledge through teaching
and research;
(d) to provide technical and professional services;
(e) to promote, facilitate and sponsor research in
technological, social, economic and cultural spheres
for the welfare and development of mankind within
and outside the United Republic;
(f) to conduct and administer examinations and confer
degrees, diplomas, certificates and other awards;
(g) to engage in any other educational activity which, in the
opinion of the Governing Body, is necessary, expedient
or conducive for the promotion of business education
in the United Republic.

vity which, in the
opinion of the Governing Body, is necessary, expedient
or conducive for the promotion of business education
in the United Republic.

(2) In providing education and training under this section,
the College shall ensure that such education and training
affords trainees with requisite skills for self-employment and
manning of key positions in both public and private sectors. [s. 3A]
College
Functions of
College
Acts Nos. 38 of 1974 s. 3
6 of 2020 s. 10

oyment and
manning of key positions in both public and private sectors. [s. 3A]
College
Functions of
College
Acts Nos. 38 of 1974 s. 3
6 of 2020 s. 10

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
PART II
ESTABLISHMENT OF GOVERNING BODY
5.–(1) There is hereby established a Body to be known as the
Governing Body of the College of Business Education and the
governance and administration of the College shall be vested
in the Governing Body. (2) The Governing Body established under subsection (1)
shall be a body corporate with perpetual succession and a
common seal and shall, in its corporate name, be capable of-
(a) suing and being sued;
(b) acquiring, holding, investing and disposing of movable
and immovable property;
(c) exercising the powers and performing the functions
conferred upon it by or under this Act;
(d) entering into any contract or other transaction; and
(e) doing or suffer from doing all such other acts and
things which a body corporate may lawfully perform,
do or suffer to be done.

r transaction; and
(e) doing or suffer from doing all such other acts and
things which a body corporate may lawfully perform,
do or suffer to be done.

(3) Notwithstanding subsection (2), the provisions
of section 26 of the Office of the Attorney General
(Discharge of Duties) Act shall have effect in relation to
powers of the Attorney General to intervene in any suit or
matter by or against the Governing Body. [s. 4]
6.–(1) The Governing Body shall consist of eight members as
follows-
(a) a Chairman to be appointed by the President;
(b) the Rector; and
(c) six other members to be appointed by the Minister as
follows:
(i) a representative from the Ministry responsible for
commerce;
Establishment
and incorporation
of Governing
Body
Act No. 6 of 2020 s. 11
Cap. 268
Composition
and tenure of
Governing Body
Act No. 6 of 2020 s. 12

e;
Establishment
and incorporation
of Governing
Body
Act No. 6 of 2020 s. 11
Cap. 268
Composition
and tenure of
Governing Body
Act No. 6 of 2020 s. 12

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
(ii) the officer incharge of higher learning
education from the Ministry responsible for
higher education;
(iii) a Law Officer representing the Attorney General;
(iv) a representative of the private sector apex
association;
(v) a representative from any professional body
relating to any of the core programmes undertaken
by the College; and
(vi) one member from amongst persons with
qualifications and experience in commerce
(2) For purposes of subsection (1)(c)(iv), the apex
association shall propose three names from member
associations to the Minister. (3) At least two of the members appointed under subsection
(1) shall be women. (4) The Rector shall provide secretariat to the
Governing Body. (5) The provisions of the Schedule to this Act shall have
effect as to the tenure of office of members, proceedings of the
Governing Body and other related matters.

ions of the Schedule to this Act shall have
effect as to the tenure of office of members, proceedings of the
Governing Body and other related matters.

(6) The Governing Body may co-opt any person to attend
its meetings and deliberate on any matter as the Governing
Body may determine, but such person shall not have the right
to vote. (7) The Minister may, by order published in the Gazette,
amend any of the provisions of the Schedule. [s. 5A]
7.–(1) The functions of the Governing Body shall be to govern
and administer the College and, in particular but without
prejudice to the generality of the foregoing, to-
(a) authorise appropriate and necessary expenditure
within the funds available to the College;
(b) appoint a Deputy Rectors and other persons to the staff
of the College;
Functions of
Governing Body
Act No. 6 of 2020 s. 13

ilable to the College;
(b) appoint a Deputy Rectors and other persons to the staff
of the College;
Functions of
Governing Body
Act No. 6 of 2020 s. 13

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
(c) prescribe the fees to be paid by students of the College;
(d) to establish branches, campuses, centres or other
departments, as the case may be, for purposes of
extending the services of the College; and
(e) grant scholarships, studentships and bursaries to
students of the College, and revoke any such grants. (2) The Governing Body may, from among its members,
form such number of committees as it considers necessary for
purposes which, in the opinion of the Body, would be better
administered through committees. (3) The Governing Body may, subject to such conditions or
restrictions as it deems necessary, delegate to any committee of
the Body or the Rector any of its functions or powers vested in
it by this Act or any other written law. (4) Notwithstanding subsection (3), the Governing Body
shall not delegate its functions or powers to-
(a) appoint Deputy Rectors;
(b) prescribe fees, charges and commissions;
(c) borrow or lend money; and
(d) appoint management staff of the College. [s.

a) appoint Deputy Rectors;
(b) prescribe fees, charges and commissions;
(c) borrow or lend money; and
(d) appoint management staff of the College. [s.

6]
8. The Minister may give the Governing Body directions of a
general or specific character and the Body shall, subject to the
provisions of this Act, give effect to such directions. [s. 6A]
9.–(1) The Minister shall, upon advice of the Governing
Body and subject to the National Council for Technical and
Vocational Education and Training Act, appoint a suitable
person to be a Rector of the College. (2) The Rector shall be the chief administrative and
academic officer and accounting officer of the College and
shall, for that purpose, be responsible for-
(a) the proper administration of the College; and
(b) enforcing rules made by the Governing Body. Directions by
Minister
Act No. 6 of 2020 s. 14
Appointment
and functions of
Rector
Act No. 6 of 2020 s. 14
Cap. 129

rules made by the Governing Body. Directions by
Minister
Act No. 6 of 2020 s. 14
Appointment
and functions of
Rector
Act No. 6 of 2020 s. 14
Cap. 129

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
(3) The Rector shall, in the performance of his functions, be
responsible to the Governing Body. [s. 6B]
PART III
FINANCIAL PROVISIONS
10. On the coming into operation of this Act, there shall vest
in the Governing Body, by virtue of this section and without
further assurance-
(a) all funds, assets and property vested or held in the
name of the College immediately before such coming
into operation; and
(b) all rights and liabilities of the College then subsisting
under any valid and enforceable contract entered into
by it or on its behalf. [s. 7]
11. All the funds, assets and property, movable and immovable
of the College shall be managed and utilised by the Governing
Body in accordance with the provisions of this Act in such
manner and for such purposes as, in the opinion of the
Governing Body, will promote the best interests of the College. [s. 8]
12.

of this Act in such
manner and for such purposes as, in the opinion of the
Governing Body, will promote the best interests of the College. [s. 8]
12.

The funds of the College shall consist of-
(a) money appropriated by the Parliament;
(b) any grants, donations, bequests or other contributions
made to the College; and
(c) all other sums which may in any manner become
payable to or vested in the College in respect of any
matter incidental to the carrying out of its functions. [s. 9]
Vesting of assets
Management of
assets
Funds of College
Act No. 6 of 2020 s. 15

of any
matter incidental to the carrying out of its functions. [s. 9]
Vesting of assets
Management of
assets
Funds of College
Act No. 6 of 2020 s. 15

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
13. The Governing Body may borrow sums required by it for
meeting any of its obligations or for the purpose of carrying
out any of its functions, and may charge all or any of its
assets including movable and immovable property to secure
such sums. [s. 10]
14. The Governing Body may invest such part of the funds
of the College as are not required for the carrying out of the
functions of the Governing Body. [s.

e Governing Body may invest such part of the funds
of the College as are not required for the carrying out of the
functions of the Governing Body. [s.

11]
15.–(1) The Governing Body may determine which period
of twelve months shall constitute the financial year of the
College and shall cause to be prepared annually, estimates of
the revenue and expenditure of the College for the ensuing
financial year, and such estimates shall be approved by the
Governing Body before the commencement of such year:
Provided that, in the event of any change in the financial
year and for purposes of the transition from one financial year
to another, the transitional period, whether more or less than
twelve months, shall be regarded as if it were a financial year.

rom one financial year
to another, the transitional period, whether more or less than
twelve months, shall be regarded as if it were a financial year.

(2) In such annual estimates, the Governing Body shall
make provision for all the estimated expenditure during the
financial year, and in particular for-
(a) the payment of all salaries, passages, pensions, gratuities
and other retiring benefits and other charges in respect of
the staff of the College;
(b) the payment of all fees or expenses in respect of
members of the Governing Body;
(c) the construction, improvement, maintenance and
replacement of the buildings, grounds and equipment
of the College; and
(d) the creation of such reserve funds to meet future or
contingent liabilities as the Governing Body may
think fit. Borrowing
powers
Investment
Annual estimates

ation of such reserve funds to meet future or
contingent liabilities as the Governing Body may
think fit. Borrowing
powers
Investment
Annual estimates

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
(3) Expenditure shall not be incurred for the purpose of the
College except in accordance with the provisions of the annual
estimates or any supplementary estimates, both of which shall
be subject to the approval of the Minister. [s. 12]
16.–(1) The Governing Body shall keep or cause to be kept
proper accounts and such accounts together with-
(a) a statement of income and expenditure during the
previous financial year; and
(b) a statement of the assets and liabilities of the Governing
Body on the last day of such year,
shall, as soon as practicable after the end of each financial
year, be submitted to and audited by such auditors as the
Governing Body shall appoint. (2) The Rector shall, as soon as is practicable after the end of
each College year, cause to be prepared a report on the working
of the College during such year, and such report, signed by the
Rector, shall be submitted to the Governing Body. [s.

prepared a report on the working
of the College during such year, and such report, signed by the
Rector, shall be submitted to the Governing Body. [s.

13]
PART IV
MISCELLANEOUS PROVISIONS
17.–(1) The Governing Body may, subject to the provisions
of this Act, make rules for the governance, control and
administration of the College. (2) The provisions of paragraph (e) of section 32 of the
Interpretation of Laws Act shall not apply in respect of rules
made under this section. [s. 14]
18. A member of the Governing Body shall not be personally
liable for any act or thing done or omitted to be done by him
as such in good faith and without negligence for purposes of
the College. [s. 15]
Accounts and
audit
Rules
Act No. 6 of 2020 s. 16
Cap. 1
Members of
Governing Body
not personally
liable

egligence for purposes of
the College. [s. 15]
Accounts and
audit
Rules
Act No. 6 of 2020 s. 16
Cap. 1
Members of
Governing Body
not personally
liable

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
SCHEDULE
(Made under section 6(5))
TENURE OF OFFICE OF MEMBERS, PROCEEDINGS OF THE
GOVERNING BODY AND OTHER RELATED MATTERS
1. For the purpose of this Schedule-
(a) “appointing authority” in relation to the Chairman of the
Governing Body, the President and in relation to any other
member, the Minister; and
(b) “member” includes the Chairman. 2. Members of the Governing Body shall hold the office for three
years and, unless their membership is otherwise terminated due to
misconduct or non attendance at three successive meetings of the Body
without reasonable excuse, shall be eligible to be reappointed for one
further term.

onduct or non attendance at three successive meetings of the Body
without reasonable excuse, shall be eligible to be reappointed for one
further term.

3.–(1) Where any member absents himself without reasonable excuse
from three consecutive meetings of the Governing Body, the Governing
Body shall advise the appointing authority of the fact and the appointing
authority may-
(a) where such member is a member by virtue of his holding
any other office, after consultation with the Ministry or
organisation in which such other office exists, terminate the
appointment of such member as member and appoint the
holder of any other suitable office in the same Ministry or
organisation to be a member in his stead;
(b) where such member is a member by virtue of his having
been nominated by any person, authority or organisation,
direct such person, authority or organisation to terminate
the appointment of such member and nominate another
member in his stead. (2) Save with the consent in writing of the Minister, a person whose
appointment as a member is terminated under this paragraph shall not
be eligible for re-appointment on the Governing Body for a period of
two years from the date of such termination. 4.–(1) The Governing Body shall meet quarterly or at such times as may
be necessary or expedient for the transaction of business.

of such termination. 4.–(1) The Governing Body shall meet quarterly or at such times as may
be necessary or expedient for the transaction of business.

(2) At any meeting of the Governing Body, four members thereof
shall constitute a quorum. (3) At any meeting of the Governing Body, the Chairman shall
preside, or in the absence of the Chairman, the Vice Chairman shall
preside, or if no Vice Chairman has been elected or if the Vice Chairman
is absent, the members present at the meeting shall elect one of the
members to be Chairman for that meeting. Acts Nos. 38 of 1974
2 of 2010
GN. No. 1 of 2022
Interpretation
Tenure of
members
Termination of
appointment of
members
Quorum
procedure and
meetings

Acts Nos. 38 of 1974
2 of 2010
GN. No. 1 of 2022
Interpretation
Tenure of
members
Termination of
appointment of
members
Quorum
procedure and
meetings

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THE COLLEGE OF BUSINESS EDUCATION ACT [CAP. 315 R.E. 2023]
(4) In the event of an equality of votes the Chairman of the meeting
shall have a casting vote in addition to his deliberative vote. (5) Minutes in proper form of each meeting of the Governing Body
shall be kept and shall be confirmed by the Governing Body at the next
ordinary meeting and signed by the Chairman of the meeting. (6) All acts, matters and things authorised or required to be done by
the Governing Body shall be decided by resolution at a meeting of the
Governing Body at which a quorum is present. (7) A decision of the majority of members present and voting at a
meeting of the Governing Body shall be deemed to be a decision of the
Governing Body.

7) A decision of the majority of members present and voting at a
meeting of the Governing Body shall be deemed to be a decision of the
Governing Body.

(8) The Governing Body shall have powers to decide on matters by
way of circular resolution of relevant papers among the members and
the expression of views of the majority of them in writing:
Provided that, any member shall be entitled to require that the
decision be deferred and the subject matter be considered at a meeting
of the Governing Body. (9) The seal of the Governing Body shall be affixed by the Chairman
or the Rector. 5. The Governing Body may elect any member thereof to be Vice
Chairman of the Body. 6. Subject to the provisions of paragraph 4, relating to a quorum,
the Governing Body may act notwithstanding any vacancy in the
membership thereof and an act or proceeding of the Governing Body
shall not be invalid by reason only of some defect in the appointment of
a member or some person who purports to be a member. 7. A decision of the majority of members present and voting at a
meeting of the Governing Body shall be deemed to be a decision of the
Governing Body. 8. The members may, where the Governing Body so determines, be
reimbursed for all reasonable expenses incurred by them in the course
of discharging their duties. 9.

may, where the Governing Body so determines, be
reimbursed for all reasonable expenses incurred by them in the course
of discharging their duties. 9.

Subject to the provisions of this Schedule, the Governing Body may
regulate its own proceedings. Vice Chairman
Vacancies, etc.,
not to invalidate
proceedings
Decision of
Governing Body
Members to be
reimbursed
Body may
regulate its
proceedings

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