ACT No. Xli of 1980 AN ACT further to amend the Education Act, 1974. (thesenate)

I assent.

ANTON BUTTIGIEG

(L.S.)

President

28th March, 1980

ACT No. Xli of 1980

AN ACT further to amend the Education Act, 1974.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present ParIiament

assembled, and by the authority of the same, as follows:-

(l ) This Act may be cited as the Education (Amendment)

Act, 1980, and shall be read and construed as one with the Education

Act, 1974, hereinafter referred to as "the principal Act".

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for education may by notice in the

Gazette appoint, and different dates may be so appointed for different

provisions and different purposes of this Act

Provided that the repeal of section 35 of the principal Act by

section 5 of this Act shall take effect on the coming into force of this

Act, and the section substituted therefor by this Act, that is to say

section 34, shall come into force on l st J anuary, 1981 with respect to the

financial year 1982 and subsequent years; but for the financial years

1980 and 1981, the authorities mentioned in those sections shall as far

as practicable perform their respective duties as if those provisions were

in operation.

Section 2 of the principal Act shall be amended as follows

(a) for the definition of "Council" there shall be substituted

the following definition

" "Council" means the Council established as an authority

of the University by section 31 of this Act;";

the definitions of "New University" and "Old University"

(b)

shall be deleted;

(c)

for the definition of "Rector" there shall be substituted

the following definition

" "Rector" means the Rector of the University;";

(d)

for the definition of "Senate" there shall be substituted

the following definition

""Sena te" means the Senate estabIished as an authority

of the University by seetion 31 of this Act;"; and

(e)

immediately after the definition of "Senate" there shall

be Hdded the following new definition

""the University" means The

University

of

Malta

referred to in section 29 of this Act.".

Section 5 of the principal Act shall be amended as follows

for paragraphs (c) and (e) of subsection ( l ) thereof there

(a)

the principal

shall be substituted the following

Act.

the Reetor of the University;";

"(e)

(b)

in paragraph (b) of subsection (2) thereof, for the words

"the Senates of the universities" there shall be substituted the words

"the Senate of the University"; and

(c)

in subseetion (4) thereof, for the words "The chairman

and the five members mentioned in paragraphs (b), (c) and (e)"

there shall be substituted the words "The Chairman and the four

members mentioned in paragraphs (b) and (c) ".

Seetion 6 of the principal Act shall be amended as follows

(a) in subseetion ( l ) thereof, for the word "Universities"

wherever it oceurs, there shall be substituted the word "University";

(b) for subsection (4) thereof there shall be substituted the

following

"(4) The Standing Committee shall meet at Ieast once

every two months. The Standing Committee shall consider the

budgetary requirements and allocations submitted to the

Commission by the University and shall make their recommen­

dations as required by section 34 of this Act. ".

Without prejudiee to anything lawfully done

thereunder,

seetions 29 to 44 (both inclusive) of the principal Act

are hereby

repealed and substituted by the following sections

"THE UNIVERSITY

(1) The New University (in this Act referred to

as the University)

shall continue, under the name of The

University of Malta, to be a statutory body having a distinct

the Univer­

Iegal personality and capabIe, in such capacity and subject to

the provisions of the law from time to time applicabIe to it,

of entering into contracts, of acquiring, hoIding and disposing

of property, of suing and being sued, and of having and using

a common seal.

(2) The University sha11 aIso succeed to all func­

tions, property and other rights of the OId University, shall

have power to continue any instruction previously provided

by that University and may also take such steps and do such

things as it may deem appropriat� to wind ';lP aJ;ty outstand­

ing affairs and IiabiIities of the saId OId Umverslty.

(3) The University sha1l, subject to the provisions

of this Act, ha ve the power -

(a) to provide for instruction, research and dis­

semination of knowledge in such branches of learning as

the Government, with the object of meeting the needs

of the country and after consultation with the Com­

mission, may from time to time determine;

(b) to hold examinations 01' otherwise make assess­

ments for the purpose of ascertaining the persons w110

have attained proficiency in the relevant branches of

studies;

(c) to grant and confer degrees, diplomas and

other academic distinctions even in branches of learning

in respect of which it does not provide instruction, pro­

vi d ed in respect of sHch branches of learning it is satis­

fied that the courses for which the degree, diploma or

other distinction is conferred have been set and provid­

ed by responsible authorities and are comparable with

those ofinternationally recognized universities abroad;

(d) to institute chairs, readerships, lectureships

and other posts and offices and to make appointments

thereto

Provided that all the academic staff of the faculty

of medicine and surgery, or of any equivalent branch of

learning, and such other members of the academic staff

of the University, who reguire to have access to a

Govemment hospital in order that they may proper1y

perform their duties as teachers, shall be appointed or

detailed for duty by the Prime Minister from among

persons who have the qua1ifications prescribed by the

Council and who either hold office with the Govern­

ment or otherwise perform duties in a Government

hospital or under a national health service;

to erect, equip and maintain, for the purposes

(e)

of the University, libraries, laboratories and other

buildings;

(f)

to institute and award fellowships, scholarships,

exhibitions, bursaries, medals and other prizes;

(g)

to provide and regulate the residence, disci­

pline and welfare of the officers, employees, teachers and

students of the University;

(h)

to demand and receive such fees as may from

time to time be prescribed;

(1) to do all acts and things, whether or not inci­

dental to the powers aforesaid as may be requisite or ex­

pedient in order to further the objects of the University.

(4) Except with the concurrence of the Minister,

all courses provided by the University shall be provided in

academic periods of not more than six months each.

( l ) In the exercise and for the purposes of the

f functions and powers aforesaid, the University may, in accor-

· .

d ance WIt

. hI

0 f t h· IS A ct, ma k e statutes, ru1es and

t le provlsIons

bye-laws; and the University shall be governed by this Act and

by its statutes, rules and bye-laws in so far as these are not

inconsistent with any of the provisions of this Act.

(2) Statutes shall be made and, when made may

be amended or revoked by means of other statutes, by the

Counc � l of the University; a statute may aIso empower the

CouncIl to make rules, and any such power shaH include the

power to amend and revoke such rules

Provided that -

(a) no provision of a statute or rule shall be made

in respect of any academic matter unless the Council has

first consulted thereon the Senate and the Standing Com­

mittee of the Commission; and

(b) no statute or rule, or any amendment or revo­

cation thereof, shall come into force unless and unti]

it is assented to by the ChancelIor acting on the advice

of a committee composed of the Minister, the Minister

responsible for health, the Minister responsible for deve­

lopment and two other members, being Members of

Parliament, designated by the Leader of the Opposition.

(3) Rules made as aforesaid may empower the

Council to make, after consultation with the Senate, bye-laws

on academic matters, within such limits and subject to such

conditions as may be set out in such rules; and any such

power shall inc1ude the power to amend or revoke such bye­

laws; but no bye-Iaw, or any amendent or revocation thereof,

shalI come into force unless and until it is assented to by the

Chancellor acting on the advice of the committee established

by paragraph (b) of subsection (2) of this section.

(4) Anything contained in a statute, rule or bye-law

which is contrary to or inconsistent with any of the provisions

of this Act, or of any statute or rule under which it is made,

shall be without effect.

(5) The publication of a statute, rule or bye-law

in an official publication of the University shalI constitute

prima facie evidence that such statute, rule or bye-law is valid

and in force.

expression

(6) For the purpose of this

Act,

the

"academic matter" inc1udes

(a) the qualifications for admission, registration,

residence, welfare and discipline of students;

(b) the conditions for the award of degrees, diplo­

mas, certificates and other marks of distinction;

(c)

courses of studies and examinations;

(d) the conditions for the award of scholarships,

prizes and other forms of encouragement or assistance

to students;

(e) the use of libraries, laboratories, workshops and

other establishments of the University; and

(f)

academic dress.

(7) The committee established by paragraph (b) of

subsection (2) of this section may act notwithstanding any

vacancy among its members but the number of membe! s

required to form a quorru:t shalI be three. Save �s aforesald

the committee may make ltS own rules or otherwlse regulate

its own procedure.

3 l .

(1)

The authorities of the University shall be

Authorlties

and princi­

(a) a Council, which shall be the supreme authority

pal officers

of government of the University;

University.

(b)

the Senate; and

(c)

the Boards of the various faculties.

(2) The University shall have a Chancel1or. The

President of the Republic shall be ex-offido Chancellor; and

a person appointed to or assuming the functions of the office

of President of the Republic shall, for such time as he is so

acting, also perform the functions of Chancellor.

(3) The University shall also have a Rector who,

subject to the statutes and rules of the University and to the

decisions and overriding authority of the Council and of the

Senate,. shall be the principal academic and administrative

authority of the University. Such officer shall be appointed by

the Chancellor acting on the advice of the Prime Minister

given after consultation with the Council. Re shall hold office

until the expiration of the period for which he was appointed,

or if no such period was fixed, until he reaches retiring age in

accordance with the relevant statutes and rules of the Uni­

versity; but he may in any case be removed from office by

the Chancellor acting on the advice of the Council.

(4) Without prejudice to the provisions of parag­

raph (l ) of subsection (2) of section 33 of this Act, the Rector

shall have the Iegal representation of the University.

(1) L-awtoritajiet ta'

l-Universita

għandhom

ikunu

(a) il-Kunsill, li jkun l-ogħla korp tat-tmexxija ta'

l-Universita;

(b)

is-Senat; u

(ċ)

il-Bordijiet tad-diversi fakultajiet.

(2) L-Universita għandu jkollha Kanċi11ier. Il-Pre­

sident tar-Repubblika jkun Kanċillier ex-ottiGio; u persuna

maħtura jew li tieħu l-funzjonijiet tal-kariga tal-President tar­

Repubblika għandha wkoll, fil-waqt li tkun hekk qed taġixxi,

taqdi l-funzjonijiet ta' Kanċi11ier.

(3) L-Universita għandu jkollha wkoll Rettur li,

bla ħsara għall-istatuti u r-regoli ta' l-Universita u tad-deċiżjo­

nijiet u l-awtorita li tiġi fuqu tal-Kunsill u tas-Senat, ikun

l-awtorita prinċipali akkademika u amministrattiva ta' l-Uni­

versita. Dak l-uffiċjal ikun maħtur mill-Kanċillier li jaġixxi

fuq il-parir tal-Prim Ministru mogħti wara konsultazzjoni mal­

Kunsill. Huwa għandu jżomm il-kaliga sakemm igħaddi l-pe­

rijodu li għalih kien maħtur jew, jekk ebda perijodu ma jkun

hekk stabbilit, sakemm jilħaq l-eta ta' rtir skond l-istatuti u

r-regoli xierqa ta' l-Universita; iżda dan jista' f'kull każ jit­

neħħa mill-kariga mill-Kanċil1ier li jaġixxi fuq il-parir tal­

Kunsill.

(4) Bla ħsara għad-disposizzjonijiet tal-paragrafu

(1) tas-subartikolu (2) ta' l-artikolu 33 ta' dan l-Att, ir-Rettur

għandu jkollu r-rappreżentanza ġuridika ta' l-Universita.

( 1) Il-Kunsill ta' l-Universita ikun imwaqqaf

u

.

regolat kif provdut hawnhekk iżjed 'il quddiem.

Il-Kunsill ikun magħmul mill-membri li ġejjin

(2)

(a) president maħtur mi1l-Kal1ċi11ier, li jaġixxi fuq

il-parir tal-Prim Ministru, għal perijodu ta' mhux iżjed

minn tliet snin;

(b)

ir-Rettur;

(ċ) tliet membri maħtura mill-Prim Ministru għal

perijodu ta' sena;

(d) erba' membri mahtura għal perijodu ta' sena

mill-erba' prinċipali li jħaddmu l-akbar għadd ta' ħad­

diema-studenti fil-ħin tal-ħatra, kull prinċipal minnhom

jaħtar membru wieħed;

(e)

membru maħtur

għal

perijodu ta' sena mit­

trade union li tirrappreżenta l-akbar għadd ta' persuni

mpjegati mill-prinċipali msemmija fil-paragrafu

(d)

ta'

dan is-sub artikolu;

(f) membru maħtur għal perijodu ta' sena mill­

kumitati tax-xogtlOl ta' l·imsemmija prinċipali;

(ġ) erba' membri ta' l-istatt akkademiku ta' l-Uni­

versita, li minnhom mhux iktar minn wieħed ikun mem­

bru ta' xi waħda mill-fakultajiet, li tlieta minnhom ikunu

maħtura għal perijodu ta' sena mis-Senat ta' l-Universita

u l-ieħor ikun elett għal perijodu ta' sena mill-istatt

akkademiku ta' l-Universita;

(ħ) membru elett minn u minn fost il-korp

ta'

l-istudenti ta' l-Universita għal perijodu ta' sena;

(i) membru elett minn u minn fost l-istaff mhux

akkademiku ta' l-Universita għal perijodu ta' sena;

Iżda kull meta jkunu se jiġu diskussi u deċiżi mill­

Kunsill ħwejjeġ li, fil-fehma tal-President tal-Kunsill ikunu

jolqtu fakulta partikolari li ma tkunx rappreżentata fuq il­

Kunsill jew fil-livell ta' l-istaff akkademiku jew f'tal-korp ta'

l-istudenti, jew tat-tnejn, u tkun il-fehma ta' l-istess President

li dan il-proviso għandu jiġi applikat, wieħed mill-membri

msemmija fil-paragrafu (ġ) ta' dan is-subartikolu magħżul

mill-President għandu jiġi sostitwit minn wieħed mill-membri

ta' l-istaff akkademiku tal-Bord tal-fakulta milquta kif i n tqa l

u li jiġu maħtura minn dak il-Bord li fil-każ ta' membru

msemmi fil-paragrafu (b) ta' dan is-subartikolu mir-rappre­

żentant tal-korp ta' l-istudenti fuq dak il-Bord.

(3) L-elezzjoni tal-membri tal-Kunsill mill-korp ta'

l-istudenti u mill-istaff akkademiku u mhux akkademiku ta'

l-Universita għandha ssir b'votazzjoni sigrieta li tinżamm u tit­

mexxa għal hekk mir-Rettur li fiha l-istudenti reġistrati kol­

lha jew, skond il-każ, il-membri kollha ta' l-istaff akkademiku

u mhux akkademiku ta' l-Universita, ikollhom jedd li jivvo­

taw.

(4) Ir-Rettur ikun ex-ofiżdo viċi-president tal-Kun­

sill ta' l-Universita.

(5)

F'kull laqgħa tal-Kunsill. il-President tal-Kunsill

jew il-membru l-ieħor li jmexxi l-laqgħa jkollu, f'każ ta' voti

ndaqs, vot ieħor jew vot deċiżiv.

(6) Il-Kunsill ma ikunx skwalifikat mit-tmexxija

tax-xogħol tiegħu minħabba li" jkollu xi nuqqas fin-numru taJ­

membri tiegħu.

(7) In-numru ta' membri meħtieġ biex ikun hemm

quorum ikun tmienja.

(8)

Bla ħsara għad-disposizzjonijiet ta' dan l-Att, u

ta' kull statut jew regola magħmula bis-saħħa tiegħu, il-Kunsill

jirregola l-proċedura tiegħu stess.

Funzjonijiet

(l) The Council of the University shall be con-

tion o the

stituted and regulated as hereinafter provided.

CounCil of

the Univer-

The

Council

shall

consist

of the fol1owing

(2)

members

(a) a president appointed by the Chancellor, acting

on the advice of the Prime Minister, for a term not

exceeding three years;

(b)

the Rector;

(c) three members appointed by the Prime Minister

for a period of one year;

(d) four members appointed for a period of one

year by the four employers employing the largest number

of worker-students �t the time of the appointment, each

such employer appointing one member;

(e)

a member appointed for a period of one year

by the trade union representing the largest number of

persons employed by the employers referred to in para­

graph (d) of this subsection;

(f) a member appointed for a period of one year by

the workers' committees of the employers aforesaid;

(g) four members of the academic staff of the

University of which not more than one. sha11 be a member

of any one faculty, of which three shall be appointed

for a period of one year by the Senate of the University

and one shall be elected for a period of one year by the

academic staff of the University;

(h) a member elected by and from the student body

of the University for a periocl of one year;

(i) a member elected by and from the non-academic

staff of the University for a period of one year

Provided that whenever matters are to be discussed

and decided by the Council which, in the opinion of the Pre­

sident of the Council concern a particular facuIty which is

not represented on the Council either at the level of the

academic staff or that of the student bcdy, or both, and it is

the opinion of the said President that this proviso should

apply, one of the members mcntioned in paragraph (g) of this

subsection selected by the President shall be replaced by one

of the academic members of the Board of the faculty con­

cerned appointed by that Board and in the case of a member

mentioned in paragraph (h) of this subsection by the represen­

tative of the student body on that Board.

(3) The election of the members of the Council by

the student body and by the academic and non-academic staff

of the University shall take place by secret ballot held and

conducted for the purpose by the Rector and at which all the

registered students of all the members of the academic and

non-academic staff of the Univcrsity, as the case may require.

shall be entitled to vote.

The Rector shall be ex-officio vice-president of

(4)

the Council of the University.

(5) At any meeting of the Council. the President of

the Council or other member cho.iring the meeting sha11. in

case of equality of votes, have a second or casting vote.

(6) The Council shall not be disqualified from

transacting business by reason of any vacancies among the

members thereof.

(7)

The number of members required to form

a

quorum shall be eight.

(8) Subject to the provisions of this Act, and of

any statute or rule made thereunder. the Council may regulate

its own procedure.

(1) The Council shall be the supreme organ of

govern ment of the University and the administrator of the

powers of.

property of the University.

the CouncIl.

The Council shaH have power -

(2)

(a) to hold, control and administer the property,

real and personal. as well as the funds of the University;

to make statutes. rules and bye-laws in accord­

(b)

ance with the provisions of section 30 of this Act and to

submit such statutes, rules and bye-laws for the Chan­

cellor's assent;

(c) after considering the recommendations of the

Senate, and with the approval of the Standing Commitee

of the Commission, to institute, suspend or abolish pro­

fessorships. readerships, lectureships and other posts and

offices in the University;

(d) to determine, with the approva1 of the Standing

Committee of the Commission, the emoluments of the

acadernic and non-acaclcmic st::lff of the University;

(c) subject to the p ro v i s i on s of this Aet and in the

manner therein provided, to appoint the aeademic and

non-aeademic staff of the University;

(f) after eonsidering the recommendations of the

Sena te, to appoint examiners and to determine any fees

that may be paid to s11eh examiners;

(g) to determine subdivisions in eaeh facuIty or

school, and the head, if any, of any sueh subdivision;

(h)

to aecept beguests, donations and grants made

to the University;

(i) to award scholarships, prizes and other forms of

encouragement or assistanee to students;

(j) to provide the buildings. premises. furniture.

apparatus and other material needed for the furtherance

of the functions of the University;

(k) to enter in to and, by mutual consent of the

parties of otherwise aceording to law. vary or cancel

contractsmade on behalf of the University;

(l) to vest in any one or more of its members the

legr.J representation of the University, provided a notiee

of S11Ch vesting is published without delay in the Gazette;

(m) to exereise all other powers of the University

net otherwise provided for by this Aet or by any statute

or rule of the University made thereunder.

(3) All revenue accruing to the University from

fees. grants, donations or investments, or from any other cause

whatsoever, shall form part of the property of the University

together with any buildings or capital sums that may be

assigned to it.

(4) For the purposes of determining the amount to

be recommended for payment to the University by way of

grant, and for any of the other purposes of this Act, the

Government may arrange for visitations of the University.

(5) The Council of the University shall publish an

annual report, accompanied by an audited financial statement,

and shall cause a eopy thereof to be transmitted to the Minis­

ter who shall as soon as practicable thereafter lay a copy of

the report on the table of the House of Representatives.

(1) The Council of the University shall, not later

than the end of June of eaeh year, eause to be prepared and

approve estimates of its financial requirements for the follow­

ing financial year commeneing on 1st J anuary, and proposals

for the alloeation of its resources; and shall submit such esti­

mates and proposals to the Commission.

(2) The Commission shall, not later than the end

of September of the same year, make a report to the Minister

containing its recommendations on the estimates and proposals

submitted to it.

(3) The estimates and proposals of the University

shall be submitted for consideration and decision by a Com­

mittee of the whole House by the Minister responsible for

finance who shall, together with such comments or recom­

mendations as he may deem appropriate to make, indicate

to the Committee the sum the Government proposes to include

in its next annual estimates to the House as a vote of expen­

diture in respect of the University or the sum already so voted

by the House, as the case may require. The submission to the

Committee shall be made by such motion as the said Minister

may deem appropriate.

(4) The Committee shall devote three sittings to

the debate on a motion moved under this section. and shall

so regulate its procedure that representatives of the Council

of the University and of the Commission may make their sub­

missions and may give answers and explanations.

(5) Any sum voted by the House for expenditure

by the University shall be expended in accordance with the

estimates and proposals approved by the Committee of the

House under this section.

(1) The Sena te of the University shall consist of

and FacuIty the

following members -

(a) the Rector. who shall be ex-affida chairman

of the Sena te;

(b) a representative from each of the faculties of

the University. being a head of a department or division

of that faculty, elected by and from the academic staff

of the faculty for a period of one year;

(c)

the secretary to the Commission;

(d) a representative of the student body of the

University elected by and from that body for a period

of one year

Provided that whenever matters are to be discussed

and decided by the Senate which, in the opinion of the

chairman, concern a particular faculty and it is the

opinion of the chairman that this proviso shall apply.

the members mentioned in this sub-paragraph shall be

replaced by the representative of the student body on

the Board of the faculty concerned.

(2) The Board of each faculty shall consist of the

following members

(a) the representative of the faculty on the Senate.

who shall be ex-aflida chairman of the Board;

(b)

the heads of departments of the facu1ty;

(c) two representatives of the academic staff of the

facu1ty (or such higher number as may be specified in

the statute of the University) elected by and from such

staff for a period of one year;

(d) a member appointed for a period of one year,

by the employer employing the largest number of worker­

students in the facu1ty at the time of the appointment and

another member elected by employers who provide work

related to a subject taught in the faculty;

(e) a represel1tative of the student body of the

faculty elected by and from that body.

(3) The members referred to in paragraph (d) of

subsection (1) and paragraph (e) of subsection (2) of this se c­

tion shaH be elected as provided in subsection (3) of sectiol1

32 of this Act; and the provisions of that subsection shaB also

apply, with the necessary modifications and adaptations, to

the election of the members mentioned in paragraph (b) of

subseetion (1) and paragraph (c) of subsection (2) of this sec­

tion. All such membcrs shaH be elected for a period of one

year.

Subject to the provisions of this Act and of any

(4)

statute or rule made thereundcr and subject also to the over­

riding authority of the Council in all matters affecting the

Univcrsity, the SCllate shaH have the general direction of the

academic matters of the University, and the Board of each

fac u lty shaH be the advisory body to the Senate and to the

Council on <1cademic matters concerning that faculty

Provided that nothing in this Act shaH be construed

as precluding the Council from initiating or determining any

matter it m ay deem appropriate to deal with.

(5) The Senate and a Faculty Board shall not be

disqualified from transacting business by reason of any vac­

ancy among its members.

(6) The number of members required to form a

quorum, whether in the case of the Sena te or of a Facu1ty

Board, sha11 be a majority of the number of members for the

time being appoiuted as members.

(7) 5ubject to the provisions of this Act and of any

statutc

or ruie made thereunder, the Sena te and a Facu1ty

Board may regulate its OVill procedure.

Subject to the other provisions of this Act, the

(l)

ment of appointment of professors, lecturers and other members of

:��d :�_ the academic staff of the University sha11 be made on the re­

aca emic commendation of a seIection board consisting of five mem­

staff d of the bers, namely, a chairman appointed by the Minister and four

members appointed by the Council of which two shaH be

members of the academic staff of the University

Provided that the Standing Committee may indicate

to the chairman the conditions under which an applicant,

having the academic qualifications required for the post to be

filled and satisfying all other conditions made in the call for

applications, will, for the proper performance of his duties as

teacher, besides attending to his duties at the University, aIso

be required to undertake or participate in the preparation,

direction and execution of any work, scheme or project with

a Government Department, the Malta Development Corpora­

tion or a parastatal body. Where sueh an indication is made

by the Standing Committee the chairman sha11 consult the

proper authorities concerned in the specific fields with regard

to the practical experience required in such fields, before pro­

ceeding with the recommendation of the selection board.

(2) The appointment of mem b ers of the non a ca­

-

demic staff shall, unless made in pursuance of examinations

held in a cc ord a nce with rules made under s e ctio n 30 of this

Act. be made on the recommendation of a selection board

consisting of five members namely the R ector as chairman.

.

a mem b er of the academic staff of the Un i versity chosen by

the Council and th ree other members appointed by the Minis­

ter. of Wh0111 one shall be so appointed from among the non­

academic staff of the University.

(3) Subject to the provisions of this Act and of a ny

regulations made by the Minister under this s e ct i on the selec­

.

tion board established by this section may regulate its own

procedure.

(1) Admission to the U niversity may be alIowed

only as pro v ided in this Act and, subject to those provisions

,

in accordance with the appli c a bJ e statutes and rules of the

Oniversity.

(2) Except as pro v ided in this Act, admission shall

be made on the basis of the w orker-st u dent system, that is to

say on the system whereby a worker havi n g the necessary

qualifications to join one of the courses i n accordance with

the stat u tes and rules of the University is selected, in manner

pr o v id e d by this Act, for a dm i ssion and a1ternates a period of

work at h i s place of work with a period of studies at the

University.

(3) In allowing admission to any course, the Uni­

versity shall give preference to worker-students; and other

students may be a llowe d admission o n ly where the number of

stu d ents that may be properly a ccepted for that course

exceeds the nu mbe r of worker-students s e lected for admission

thereto.

(4) Where a student other than a worker-student is

admitted as aforesaid he shall. if the Minister so directs in

respect of the course to which such s tu d ent is admitted, attend

that course ag a i n st the payment of such fees as may be appli­

c a ble to his case and as the Minister, after consulting the

Cou n cil of the Uoiversity and with the concurrence of the

Minister respoosi b le for finance, may from time to time by

regulation under this section determ i ne

.

(5)

A p erson may be admitted as a student only

if -

(a) he is in possession of the necessary qualifica­

tions required by the applicable statutes or rules; and

(b) he has been selected for admission by the Stu­

dents Selection Board, or has been admitted u n der sub­

se ct i on (6) of this section.

(6) Nothioa in this section shall preclude the

University from mak � g with the concurrence of the Minis­

,

ter, special arrangements with respect to st u dents who were

receiving instruction at the OId University on the coming into

force of this section or with respect to students w ho are not

citizens of Malta or not ordioarily residen t in Malta: nor

shall subsection (4) of this section be construed as depriving

the University of the power to prescribe fees.

( l) There shall be a Students Selection Board

(hereinafter referred to as the Selection Board) whose func­

tion shall be to select persons for admission to the University

as students and to perform such other duties as a r e anciUary

01' incidental thereto 01' are assigned to it by the Minister.

(2) The Selection Board shall consist of a Chair­

man and of ten other members appointed by the President

acting on the recommendation of the committee estab1ished

by paragraph (b) of the proviso to subsection (2) of sectio:\l.

30 of this Act; and such committee shall make its selection,

other than that of the Chairman, from amOl1g persons who in

its opinion may

adequately represent parents, unions,

employers, the University and the education authorities.

(3) The employer of a candidate for selection as

a worker-student and a representative of the relevant workers'

committee or union referred to in section 39 of this Act shalI

be entitled to sit with the Selection Board during their de1ibe­

rations affecting such candidates, except where the Selection

Board is considering a request made to it under subsection

(3) of section 39 of this Act; but they shalI in no case have

the right to vote.

(4) Subject to the provisions of this Act and to

any rules which the Minister may from time to time make for

that purpose, the Selection Board may make its own rules

or otherwise regulate its own procedure and may seek such

advice as it may deem appropriate.

(5) The Selection Board shall not be disqualified

from the transaction of business by reason of any vacancy

among the members thereof; but it shall not transact business

unless there is present a quorum of six members.

( l ) Worker-students shall be nominated by their

f employer on the basis of such requirements, incIuding age and

'.

se I ectIon 0

.

gra d e, as h e may d etermme; b ut, su b' .Jeet to sue h reqUlrements,

the nominations for selection shall be made by agreement

between the employer and the workers' committee elected by

the employees of that employer, if any, or if there is no such

workers' committee, by agreement with the trade union hav­

ing the largest membership among the employees of that

employer and representing at least thirty per cent of such

employees; and if there is no such committee 01' union, the

nominations shall be made by the employer alone.

(2) The employer shall cause a list of th�

employees nominated as aforesaid and of any requirements

for nomination to be posted up in a prominent place acces­

sible to his employees and to be kept there for a period of

not less than five working days. The list shall a1so show t h e

date of its first publication.

(3) Any employee of an employer who has made

nominations as aforesaid whose name has not been submitted

for selection may, not later than ten working days after the

publication of the list aforesaid, request the Seleetion Board

to consider him for seleetion and shall be given the oppor­

tunity to make sueh re presentations to the Board as may b�

appropriate. Upon any sueh request the Selection Board

shall also give an opportunity to the employer and to the

workers' committee or union submitting the nomination of

the other employees to make their representations.

(4) The number of nominations sha11, as far as

practicable, be twice the number of worker-students the

employer is prepared to employ.

(5) Where an employer is prepared to employ as

worker-students a number of persons in addition to those

employees within his establishment (if any) nominated in

accordance with subsection (l) of this section, a call for appli­

cations shall be made by, or in a manner determined by, the

Selection Board.

(6) The admission of other students shall be made

fol1owing a call for applications made by, or in a manner

determined by, the Selection Board.

(7) The Selection Board shalI consider and decide

all nominations, all requests for consideration and all appli­

cations made as aforesaid, and in making the selection each

member of the Board shall be guided by the age, qualifica­

tions, merits and aptitudes of each candidate, the require­

ments of, and any conditions set, by the employer, as well as

the relationship between the nature of the work offered by

the employer and the studies to be undertaken by the

worker-student.

(1) Every employer accepting to assume a num-

ber of worker-students sha11 be bound to keep in employ-

student and ment, or to employ, t h e persons se l ecte d f or t h at emp 1 oyer,

and, subject only to availabi1ity of posts, shall give the m such

employment and pay them sHch salary or wage as is com­

mensurate with the progress made and the qualifications

obtained by such students and any such salary or wage shall

be not less than the applicable salary or wage from time to

time fixed by the Minister by order in the Gazette

Provided that an employer may require a worker­

student to bind himself to continue in employment with him

for such period and under such penalties as may be approved

by the Minister.

(2) All questions between an employer and a

worker-student concerning his employment shall, notwith­

standing any other law, fall exclusively under the jurisdiction

of the Industrial Relations Act, 1976 , in the same manner

and procedure and to the same extent as is provided by the

said Act for cases of alleged unfair dismissals.

41 .

The Maltese and English languages sha11 be the

official languages of the University.

Supplemental

(l) The following provisions of this section shall

L-ilsien Malti u l-ilsien Ingliż ikunu 1-i1sna uffiċjali

ta' l-Universita.

Sup plementali

have effect in regard to membership of any council; senate,

or

. board ' commission, committee or other body estabhshed .

member ship

t

lme

as

tlme

A

ct,

f

h·

rorn

·

t

.

t

In

under

or

re-established by

IS

.

force.

referred to

in this Act.

(2) Where a person is appointed to an office the

holder of which is, by reason of that office, ex-offfeio, the

chairrnan or a member of any of the aforesaid bodies, the

person acting in such an office shall, for so Iong as ħe is so

acting and if he is othenvise qua1ified, also act as ex-ofticio

chairman of member of such body.

(3) Where a person is appointed or elected as a

member of any of the bodies aforesaid by reason of his mem­

bership of the House of Representatives, or becanse he is a

registered student of the University, or is a member of the

academic 01' non-academic staff of the Ulliversity, or because

of any similar or analogous qualification, such person shall

cease to be a member of any of the bodies aforesaid if he

ceases to possess the qualification by reason or in view of

which he \vas so appointed or elected; and where a person is

to be so appointed or e1ected as a member of any of the bodies

aforesaid from among persons having any of the above quaE­

fications and there are no such persons 01' their n um b e r is

very limited, any provision requiring any sHeh qualification

shall not apply.

(4) Any member of any of the bodies aforesaid,

other than members ex-otiido, may resign by notice in writing

to the authority by which he was appointed or to the chairman

of the body concemed.

(5) Subject to the provisions of this Act, a member

of any of the bodies aforesaid shall hold office for such

period as may be specified in his appointment and lf no sueh

period is so specified he sha11 , subject as aforesaid, cease to

be a member on the eXDiration of one year from his aD'Joint­

ment; but any retiring �ember shall, i{ he is otherwis� quali­

fied, be eligible for re-appointment.

All bodies established or re··established by or under

Constitution

this Act shall be constituted as provided by the DfovisiollS of

.

referred to

· f orce; b< u .any s�cn

in this Ad. t h· IS A ct as t 1 l�y are f rom tlme te:> t· ll,?e m

"

body as constituted on the commg mto force or thlS sectJon

and any appointment 01' election as a member of any such

body shall not be effected by reason only of an amendment

or substitution of a provision of this Act; and unless the cont­

rary intention appears and subject to the re1evallt provisions

of this Act as then in force, any such board shall continue

to function until it is constituted as required by this Act and

any sueh appointment shall continue in operation for the

remaining period of the then current term.".

Section 45 of the principal Act shall be amended as follows

6. the section shall be re-numbered as section 44; and

(a)

(b) immediately after subsection (5) thereof there sha11 be

added the fol1owing new section

"(6) Any references to the New University in subsec­

tions (4) and (5) of this section shall inc1ucle rererences to the

University.".

7. Notwithstanding anything contained in the provlSlons of sec­

tiol1s 29 to 43 (both inclusive) of the principal Act as substituted by

section 5 of this Act -

(a) the statutes and ru1es of the University shaH be made as

soon as practicable, but until such time as this is done, and to the

extent that it is not done, all references in the aforesaid provisions

of the principal Act to statutes and rules shaH be construed as

references to decisions of the Council of the University; and

(b) where the University succeeds to a facuIty of the OId

University the members of the Board of that faculty at the time

of such succession shaB constitute the Board of that faculty in the

University for the remaining period of their then current term.

Passed by the House of Representatives at Sitting No. 375 of the 26th March,

1980. C. AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

Information

of

Department

the

by

Published

l-Informazzjoni

ta'

mid-Dipartiment

Ippubblikat

-

Gov.rnmellt Printinr Pr,s5

C.O.S.

the

Prinled a/

Stamperija tal-Gvern

Stampat fi-U.C.S.

-

-

_