OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 11 Year No. 1 Addis Ababa 2014 September 2004 CONTENTS Council of Ministers Regulation No. 111/2004 Arbaminch University Establishing Council of Ministers Charter Regulations Page 2895 COUNCIL OF MINISTERS CHARTER REGULATIONNo . 111/2004 COUNCIL OF MINISTERS CHARTER REGULATIONS This Charter Regulations is issued by the Council of Ministers the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and Art : 8 of Higher Education Proclamation No. 351/2003 . PART ONE GENERAL 1. Short Title This Charter may be cited as the “ Arbaminch University Establishing Council of Ministers Regulation Charter No.111 / 2004 . ” In this Charter unless the context requires otherwise ; “ Proclamation " Higher Education Proclamation No. 351/2003 . 2. “ Region " means a region provided under Article 47 ( 1 ) ( 7 ) of the Constitution of the Federal De mocratic Republic of Ethiopia . 3. “ Government , “ Ministry ” , “ Minister ” , " Board ” , “ Senate ” , “ Academic Staff " , " Fund " “ Enterprise ” “ Higher Education Institution ” shall have the definitions given in the Proclamation . means Unit Price The African Law Archive Enterprise The Enterprise , shall , within three months after the end of its fiscal year , submit to the Board the financial and activity report of the enterprise . 25. Establishment of the Fund Upon the request of the University and with the approval of the Board or the Ministry , a Fund shall be established having aim and source of income as provided by the Proclamation . 26. Organs of the Fund The Fund shall have : ( a ) Fund Administration Board ( herein referred to as the " Fund Board “ ) ; ( b ) Secretariat ; 27. Members of the Fund Board 1 ) The Fund Board shall have members assigned by the President of the University ; 2 ) The term of the Board shall be two years . 3 ) In case of reduction of the numbers of members due to any reason , a new member shall be appointed . The board shall have the following duties and respon sibilities : 1 ) Follow the implementation of the aims of the fund and issue the necessary directives for the execution 2 ) . Examine reports submitted by the secretariat on the application of different sources of income for their intended purposes and approve it ; 3 ) Ensure that the income of the Fund are duly collected ; 4 ) Carry out other activities necessary for the achievement of the aims of the Fund 29. Meetings of the Fund Board The time for convening of the meetings of the Board and the procedure voting in the meetings shall be determined by rules and procedures issued by the Fund Board . 30. Powers and Duties of the Secretariat The secretariat shall have the following powers and duties : 1 ) prepare annual budgets activity and financial reports and submit those for the approval to the Fund Board ; 2 ) examine porjects prepared and assisted by the Fund , and allow the Fund for the implementation of the same in accordance with the directives issued by the Board ; 3 ) study additional ways and sources of the finance to be used for the Fund 4 ) keep minutes , reports and working papers of the Fund board ; follow up the appropriate implemen tation of directives issued by the Fund Board ; 5 ) execute other duties provided by the Board ; 31. Powers and Duties of Director of the Secretariat of the The director of the secretariat of the fund shall be accountable to the Fund Board on matters related to the Fund and implement powers and duties of the secretariat provided under Article 30 of this Charter . of the same ; The African Law Archive PART SIX MISCELLANEOUS 32. Inapplicable Laws Any regulations or directives inconsistent with the provisions of this Charter shall not be applicable . 33. Transfer of Rights and Duties The rights and duties of the institute known as Ar baminch before coming into force of this Charter is hereby transferred to the University . 34. Effective Date This Charter shall enter into force on the date of its Done in Addis Ababa , This 20 th day of September 2004 . Prime Minister of the Federal Democratic Republic of Ethiopia The African Law Archive PART TWO ESTABLISHMENT OF THE UNIVERSITY AND ITS OBJECTIVES There is hereby established the University of Ar baminch ( herein after referred to as “ the Univesity ” ) as an autonomous higher education institution having its own legal personality . The University shall comprise the following ins titutions , faculties and schools . ( a ) Water Technology Institute ( b ) Faculty of Engineering ( c ) Faculty of Sciences ( d ) Faculty of Social Sciences , Humanities and business ( e ) School of Graduate Studies ( f ) Other Faculties , Colleges and Institutes to be established by the board and the Ministry 3. The univerisity shall be accountable to the Ministry of Education . 4. Objectives The University shall have the following objectives : 1 ) provides skilled manpower in quantity and quality that will serve the country in different professions . 2 ) expands higher education services that are free from any discrimination on grounds of race , religion , sex , politics and other similar grounds . 3 ) lays down problem solving educational and ins titutional system that enables to utilize potential resources of the country and undertake study and research . 4 ) provides higher education and community services that are compatible with the needs and development of the country . 5 ) lays down an institutional system that ensures the accountability of the institution . 6 ) ensures the participation of all those concerned bodies in administration decision making , create and promote participation culture . 7 ) makes efforts to develop and disseminate the culture of respect , tolerance and living together among people . 5. Power and Duties The University shall have the following powers and duties : 1 ) to implement undergraduate and postgraduate programs establish and run colleges , faculties , schools , institutes , and other academic and research units ; 2 ) to confer academic certificates , diplomas , degrees and other academic awards , and to confer academic titles and medals for those who have made immense contributions ; 3 ) to undertake relevant studies and research that contributes to the development of the country ; 4 ) to organize and conduct seminars , workshops and symposia ; 5 ) to establish relations with different bodies including local and foreign sister universities , research ins titutions , and other organizations having similar objectives ; 6 ) provide appropriate consultancy , special training and other services to the community , local govern ments and the Federal government at large ; The African Law Archive 20 September , 2004 Page 2897 7 ) to establish and publish academic journals and newsletters ; 8 ) to own property ; 9 ) to enter into contracts ; 10 ) to sue and be sued in tis own name ; 11 ) to levy appropriately for the services it is providing ; 12 ) to establish and administer income generation enter prise and income fund ; 13 ) to cary out such other activities as are necessary for the attainment of its objectives ; 6. Autonomy and Accountability 1 ) Subject to internal regulations of the Board and provisions of other laws , the University shall par ticularly have administrative autonomy and accoun tability in the following ; ( a ) implement the administeration of personnel , employment , promotion and other matters of the university staff according to the principle of Civil Service ; ( b ) administer finance , allocate and utilize budget to its internal units on the basis of the Financial Law of Ethiopia ; ( c ) Curriculum review and development in line with national guidelines and international stan dards ; ( d ) Formulating research strategy and conducting same on the principles of transparency and accountabilty ; ( e ) determining internal organization on the prin ciples of the Civil Service Commission ; ( f ) establishing relation with local and international institutions for the advancement of its academic , research , community service duties ; ( g ) establishing income generating enterprise and use the earned - incomes ; 2 ) Subject to limitations provided by other laws , the university shall have academic and research freedom to search for truth , cultivate and advance knowlege , and disseminate the same 3 ) The University shall have accountability , in par ticular , with respect to ( a ) ensuring that all educational and research programs emanate from the country's strategies and policies . ( b ) ensuring that priorities are given to government programs and are relevant to the country's situations , ( c ) ensuring that the allocation and utilization of budget and resource are based on cost effec tiveness and responsibility to the public , ( d ) ensuring that all teaching - learning and research activities are institutionalized and transparent . ( e ) ensuring that the university staff are evaluated , individually and severally , with results com mensurate with quality and relevance standards . ( f ) ensuring that any member of the institutions in responsibilies of teaching , research , adminis tration and leadership is accountable to the public and the body to which it is accountable individually or collectively . 7. Information Exchange 1 ) There shall be an exchange of information between private and public institutions , as well as other bodies and the university as per the internal regulations of the Board . * The African Law Archive 2 ) The university has the duty , up on request , to provide a worker , a student or any other body who under takes research relating to education with information or assist to have access thereto . 3 ) Research and studies documents shall be made available to all students , researchers and other beneficiaries of the University . 8. Studies and Research 1 ) Particulars on organization necessary to conduct a research work shall be provided in accordance with internal regulation of the university and is based on the following requirements ; a ) The research is led by Academic and Research Vice President ( b ) The University may open research institute when it finds necessary ( c ) The Univesity shall solicit and allocate suf ficient fund for research and study it conduct and utilize it for the purpose intended ; ( d ) The University may employ researchers and their assistants by joint appointmentship ; ( e ) The University may undertake cooperative research with relevant organizations . 2. The University research and studies projects , their selection , budget utilization and resource ownership as well as implementation of the same shall be transparent and accountable . PART THREE THE UNIVERSITY EXECUTIVE BODIES The University Board 1 ) The Board shall have a chairperson appointed by the Ministry . 2 ) The Board shall have members consisting of ( a ) Ministry of Education ........ member ( b ) One representative of Federal Government members ( c ) Four representatives of Regional Government member ( d ) A renowned meritorious person member e ) Other members as determined by the Board member ( f ) President of the University member and secretary 3 ) Members assigned by the Board shall have positive contributions to development and shall be be neficiaries of the service rendered by the University . 4 ) The Board shall have duties and responsibilities given to it in the Proclamation . 10. The University Senate The senate shall be accountable to the University President and have the following members ; 1 ) . President of the University . .chairperson 2 ) Vice - President of the University . member 3 ) Academic Programs Officer ...... member 4 ) Deans of Faculties , Institutes , Shools & Colleges .members 5 ) Public and External Relations Officer member 6 ) Registrar of the University . ...... member & Secretary 7 ) Head Librarian of the University member 8 ) Students ' Dean member 9 ) Two Academic Staff Representatives ........ members 10 ) Two Student Representatives .. member The African Law Archive 11. Head or Representative of Gender Mainstreming Office .... member 12 ) Head of Research and Publication .......... member 13 ) Other appropriate members of the University to be assigned by the Board ..members . 11. Powers and Duties of the Senate Subject to the provisions of the Proclamation , the Senate shall have the following powers and duties ; 1 ) to implement directives issued by the Board . 2 ) to set criteria for admission of students , deter mination of academic standards and graduation , and regulate disciplinary matters ; to examine and decide on petitions relating to same ; 3 ) to determine the general standards and directions of conducting of examinations ; 4 ) to issue specific directives on the basis of law and policies drawn up by the Board particularly on student administration , academic matters , procedure for selection of academic heads , employment of academic staff , promotion , fringe benefits , discipline and salary ,; 5 ) to propose promotion of professorship to the Board 6 ) to award academic promotion of associate and assitant professorships ; 7 ) to examine and approve the employment of academic staff of the University ; 8 ) to issue its own meeting procedures and internal regulations ; 9 ) subject to the condition where the president may call a meeting where he deems necessary , to have at least one meeting each quarter ; 10 ) to delegate its duties to other University bodies and standing or ad - hoc committees ; 11 ) to perform such other activities , as may be assigned to it by the Board and / or the president . 12 ) President and Vice - Presidents of the University 1 ) The candidate presidents of the University shall have commendable academic and managerial ability as well as ethics ; 2 ) There shall be three vice presidents of the University accountable to the president ; 3 ) The term of office of the University president and Vice - presidents shall be five year ; 4 ) The University president shall have duties and responsibilities as provided in the Proclamation . 13. Vice - Presidents and their Powers and Duties 1 ) The University Academic and Research Vice President shall ; ( a ) consult and assist the President regarding the powers and duties of the University ; ( b ) direct and supervise the activities of the University organs accounatble to it upon im plementation of the decisions and directives issued by the Board and Senate . ( c ) In the absence of the president , direct and coordinate the activities of the university on behalf of the president . ( d ) plan , lead and supervise academic activities of the University in its faculties , institutes , schools and continuing education programs . ( e ) plan , lead and supervise research and studies activities , agreements and projects of the University , ( f ) Lead and supervise the library , registrar and other organs of the University , which are directly accountable to it . The African Law Archive g ) solicit national and international links and part nerships ; and follow their implementation . ( h ) report on activity performance budget allocation and utilization and other activities of the units under it to the President . ( i ) Carry out such other activities which may be specifically entrusted to it by the Board , the Senate or the President . 2 ) The University Administration Vice - President shall ( a ) consult and assist the President regarding the powers and duties of the University ; ( b ) direct and supervise the activities of the University organs accountable to it ( c ) direct and supervise the University students services , financial , administrative and support services . ( d ) implement the decisions and directives issued by the Board , or Senate , ( e ) solicit and administer national and inter national partnerships to improve the adminis trative and management capacity of the ins titution . ( f ) report on activity performance , budget allocation and utilization and other activities of the units under it to the President . ( g ) undertake other duties given to it by the Board , the Senate or the President . 3 ) The University Development and Business Vice President . ( a ) consult and assist the President regarding the powers and duties of the University ; ( b ) direct and supervise the activities of the University organs accountable to it ( c ) implement the decisions and directives issued by the Board , or Senate , ( d ) plan , direct and supervise entrepreneurial en terprises , and business units of the University , and create an entrepreneurial culture , ( e ) plan , programme , direct and supervise new ventures and development in the University , and outsourcing of facilities and services , ( f ) plan , programme , and manage capital invest ments of the University that are related to new developments and expansions , ( g ) direct , lead and supervise the implementation of agreements and projects related to its domain with other organizations , ( h ) Actively solicit national and international links & partnerships , and execute the same ; ( i ) report on activity performance budget allocation and utilization and other activities of the units under its . ( i ) prepare and submit business and strategic plans , ( k ) undertake other duties given to it by the Board , the Senate or the President . 14. Academic Commission 1 ) Each faculty , college , institute or school shall have an Academic Commission accountable to the Dean . 2 ) The academic commission shall have the following members . ( a ) Deans of the faculty , college , school or ins titute . ... chairperson The African Law Archive ( b ) Vice - deans of the faculty , college , school or institute if any ..... member ( c ) Head of each departments ................... member ( d ) One Students ' representative .. ......... member ( e ) One representative of the academic staff member ( f ) Faculty Continuing Education Coordi member ( g ) Appropriate members to be assigned by the commission ........ member 3 ) Subject to directives of the senate , the academic commission shall have the following powers and duties ; ( a ) Plan activities , prepare and allocate budget within the faculty , college , institute or school and follow the implementation of the same ; ( b ) submit for approval , by the senate , curricula of training and educational programms of the institution . ( c ) set criteria for students , related to education and disciplinary matters , with due con sideration to directives of teh Senate ; ( d ) recommend to the Senate honorary degree awards and education related prizes ; ( e ) examine and determine the award of the academic promotions lecturers , assistant lec turers , graduate assistants and technical assis tants , as per the internal regulations of the Board ; ( f ) recommend to the Senate the award of the academic promotions of assistant and associate professorship ; ( g ) examine the employment of the academic staff ; and decide on cases of scholarship , research and sabbatical leaves ; ( h ) issue its own meeting procedures and internal regulations ; ( i ) perform such other activities as may be assig ned to it by the President and the Senate . 15. Department Assembly Each Department in the University shall have Department Assembly . 2 ) Every Department Assembly shll be composed of all fulltime academic staff members of the department and shall be chaired by the Head of the Department . 3 ) A Department Assembly shall have the following powers and duties , ( a ) to submit recommendations to the Academic Commission on the programmes of studies necessary for obtaining certificates diplomas or degrees offered by the department courses ; and excute same ; ( b ) prepare the annual plan , budget and reports of the department ; ( c ) monitor financial personnel management of the department ; ( d ) conduct teachers and students ' appraisal and evaluation ; examine complaints thereof , ( e ) standardize and supervise examinations and academic evaluations systems ; ( f ) determine teaching material selection and preparation to courses , and approve distribution of teaching load to staff members ; ( g ) support and facilitate quality improvement and innovation in curriculum and learning - teaching systems . The African Law Archive ( h ) approve students ' grade . undertake such other similar duties assigned by the faculty and ihe University 16. Internal Autonomy of Organs of the University 1 ) the establishment and function of the various main organs of the University described in Article 3 Sub Article 2 of this Charter shall be determined by organizational structure to be approved by the Board . 2 ) each faculty , institute , school and / or college may have a cost center status . 3 ) each cost center shall prepare its own action plan , budget , determine the useage of budget and resour ces and prepare report ; 17. Management and Leaderships Appointment The candidate for different positions available in dif ferent organs of the University shall meet the following criteria ; ( a ) managerial administration and leadership com petence ; ( b ) demonstrated ability to effectively participate in all the academic , research and community services of the University ; demonstrated results and good conduct ; ( d ) preparedness and commitment for ability to practice and inculcate democratic values . chive PART FOUR STAFF AND STUDENTS OF THE UNIVERSITY 18. The University Staff The University shall have staff as provided in the Proclamation ; 2 ) The University may employ a staff of another institution , goverment or private entities in form of a joint appointment - ship . 3 ) The joint appointment - ship is effected upon agreement between the respective employing or ganization , as well as the consent of the individual ; 4 ) The joint - appointee shall be considered as a full time academic staff enjoying all the rights and duties provided in the laws . 5 ) Duties and responsibilities of University staff shall be as provided in the Proclamation . 19. Admission of Students 1. Without prejudice to the provisions of this Charter and other relevant laws regarding the requirments of admission of students , the University shall : ( a ) be open to all qualified citizens of Ethiopia and without any discrimination . ( b ) admit , for undergraduate studies , students who have completed Ethiopian preparatory level school education of foreign high school education that has equivalent level as deter mined by the Ministry , and those who satisfy entrance qualifications assessment of the University ; ( c ) admit students with diploma ( 12 + 2 and 10 + 3 ) as advanced students in its undergraduate programs . ( d ) admit , for post graduage studies , students who have completed their undergraduate studies and satisfy entrance qualifications set by the University ; ( e ) determine special admission procedures , for female students , students from developing regions , adults and experienced students . 2 ) All students shall fulfil the requirements as provided in the principles of cost sharing . The African Law Archive 3 ) The University shall design an assessment mechanism that enables it to evaluate the ability and level of knowledge as well as skills of its students . 4 ) The methods of assessment designed in accordance with Sub - Article ( 1 ) of this Article shall be based on the content of course or training offered to the student and based on continuous assessment . 5 ) The method of assessment may be oral , written , practical or any other form to be decided by the Senate ; 6 ) The University shall return and notify transparently the results and examination papers to students . PART FIVE INCOME GENERATION AND FUND 20. Establishment of Enterprise and Its Units An enterprise , accountable to the University develop ment and Business Vice - President , having the following units is hereby established ; ( a ) The consultancy service ; ( b ) The production service ; ( c ) The project service ( d ) The information technology service , ( e ) Other services to be established by the University ; 21. Source of Income Without prejudice to the income sources of the enterprise provided by the Proclmation ; 1 ) Income generated from income generating units of the University before the coming into effect of this Charter , shall be income of the enterprise . 2 ) Income generating units of the University es tablished before the coming into force of this Charter shall be under the enterprise . In addition to requirements such as acquiring licenses , in accordance with relevant laws the enterprise has the following powers and duties ; 1 ) Give consultancy services ; 2 ) Lease or renting production , transport and construc tion equipment , for long or short period ; 3 ) Produce and sell or lease construction materials ; 4 ) Produce technologically advanced electronics materials ; 5 ) Carry out laboratory tests . 6 ) Undertake model development and tests ; 7 ) Assist service giving sectors such as in water resource managment and similar sectors ; 8 ) Supply agricultural products ; 9 ) Producing metal and woodwork materials to be sold for nation wide consumer ; 10 ) Supervision of construction sites ; 11 ) Prepare and review of project documents , designs and studies ; 12 ) Give Internet cafes and computer centers ; 13 ) Give sales services of books and other publications ; 14 ) Own property 23. Managerment of the Enterprise The general management of the enterprise and its structure , capital , the election of its managers and other relevant issues shall be decided by the board . The African Law Archive