Cap. 638 · Malta College Of Arts, Science, And (Cap. 638)
Cap. 638 Art. 10Compositionofthe Board of Governors. Cap. 413. 12 [
PART III
(1) The Board of Governors shall be composed of not less than eleven (11) and not more than thirteen (13) members who, unless otherwise specifically provided for in this Act, shall be appointed for a period of three (3) years and the members shall be eligible to be re-appointed for a further period of three (3) years, only once after their first term of office expires, up to a total maximum term of six (6) years.
(2) The Board of Governors shall consist of the following:
(a) the President appointed in accordance with article 19;
(b) the Vice-President appointed in according with article 20;
(c) the Chairperson of Malta Enterprise;
(d) the Chairperson of the National Skills Council;
(e) the Permanent Secretary of the Ministry for Education;
(f) a representative elected by and from the students of the College who shall hold office for a term not exceeding one (1) year;
(g) two (2) representatives elected by and from the employees of the College, which shall consist of one (1) representative elected from the academic employees and one
(1) representative elected from the non-academic employees;
(h) three (3) members nominated by the Minister in consultation with the President amongst whom there shall be representatives of employers, employees, and civil society, and who, in the opinion of the Minister, possess: the necessary academic qualifications; professional experience; knowledge of the Maltese and global Industry and of the global evolution of work and technology; leadership qualities to develop and strengthen the good governance of the College; and who have an understanding of vocational education and the national and international labour market within the context of creating an open-minded, democratic, fair, prosperous, diverse, and inclusive society:
Provided that at least one (1) of the members of the Board of
Governors shall be a person with a disability as defined by the Equal
Opportunity (Persons with Disability) Act.
(3) The Principal of the College shall have the right to attend the meetings of the Board without having a right to vote, provided that he shall withdraw from each meeting where matters connected with his performance or contract of work are discussed. CAP.638. TECHNOLOGY
(4) The members of the Board of Governors shall be persons having competence or experience in the education sector, vocational education, the cultural sector, the economy, industry and services sectors or in the social sectors, and who, in the opinion of the Minister, possess leadership qualities, and have an understanding of the importance of vocational education and training within the context of general socio-economic and democratic development.
(5) A member of the Board of Governors may at any time be removed from office by the Minister, after consultation with the President, on the grounds of inability to perform the functions of his office as required, either because of mental or physical illness, or upon the Board’s recommendation that such member is deemed to be disruptive and, or a source of frequent conflict causing hindrance to the proper functioning of the Board of Governors, or for any other reason due to which the member would no longer be fit to occupy such office, which shall include a breach of confidentiality.
(6) A member of the Board of Governors may resign from his office through a letter addressed to the Minister. If any member tenders his resignation or is removed from his office by the Minister, in consultation with the President, or should the office of any member of the Board become in any manner vacant, the Minister, after consultation with the President, may appoint a qualified person to take up this post and any person who is so appointed shall keep on occupying that post up to the termination of the term of office of the person being so substituted and such person shall be eligible to be re-appointed subject to the limitations of sub-article (1).
(7) A member of the Board of Governors having a direct or indirect interest in any contract made or proposed to be made by the Board of Governors, or any financial interest or otherwise in any enterprise or activity which may affect the performance of his functions as a member in this Board, shall declare his interest in writing during the first sitting of the Board of Governors. A declaration of interests of members of the Board of Governors will be registered in the minutes of the Board meeting, and the Board member concerned shall withdraw from the meeting while such contract or matter in which he has an interest is being discussed. Declarations of interests are to be communicated to the Minister without delay. When such interest as the member may have is such that it may lead to his removal from office, the member shall immediately report the fact to the Minister and offer to tender his resignation, without prejudice to the Minister’s power to remove such member from the Board.
(8) Any absence or vacancy among the members of the Board of Governors, or any participation in its meetings by any person who is not entitled to such act, does not invalidate the procedures of the Board, insofar as there is a quorum of not less than one-half of the number of members of the Board plus one.
(9) Subject to the provisions of this Act and of any regulations made thereunder, the Board of Governors may appoint non-executive committees with established terms of reference.
(10) The Board of Governors shall take all necessary precautions and treat all information including but not limited to information passed on to them during or in anticipation of Board of Governors meetings as highly confidential in its relations with both public and private institutions.
(11) The Board of Governors may engage the services of non-executive Senior Advisors to provide objective and independent advice in order to assist the Board of Governors in its work. The said Senior Advisors shall report to the Board of Governors:
Provided that the number of Senior Advisors shall not exceed three (3) per one (1) calendar year.
(12) The Minister may, after consulting the President, make regulations regarding the procedures to be adopted by the Board of Governors in the course of its operations.