Seychelles Institute of Management Act

Number of Act: 
2
Date of promulgation: 
01 May 2006

 

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CONSOLIDATED TO 30 JUNE 2012

 
LAWS OF SEYCHELLES

 

Act 2 of 2006

S.I 12 of 2006

 

SEYCHELLES INSTITUTE OF MANAGEMENT ACT

[1st May 2006]

 

ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY

1.      Short title

2.      Interpretation

PART II - ESTABLISHMENT AND ADMINISTRATION OF THE INSTITUTE

3.      Establishment of the Institute

4.      Functions of the Institute

5.      Governing Board

6.      Proceedings of the Board

7.      CEO of the Institute

8.      Staff of the Institute

9.      Transfer of property

10.    Transfer of staff

PART III - FINANCIAL AND MISCELLANEOUS

11.    Funds of the Institute

12.    Accounts and audit

13.    Plan of activities

14.    Report

15.    Minister’s directions

16.    Protection of members, etc.

17.    Regulations

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PART I – PRELIMINARY

 

1.     This Act may be cited as the Seychelles Institute of Management Act and shall come into operation on 1st May, 2006.

 

2.     In this Act —

 

“Institute” means the Seychelles Institute of Management established by section 3;

 

“Minister” means the Minister responsible for Education;

 

“Board” means the Governing Board of the Institute referred to in section 5;

 

“member” means a member of the Governing Board appointed under section 5.

 

PART II - ESTABLISHMENT AND ADMINISTRATION OF THE INSTITUTE

 

3.      There is hereby established a body corporate to be known as the Seychelles Institute of Management.

 

4.      The functions of the Institute shall be —

 

(a)      to promote, provide and advance education and training in management to meet the national needs;

 

(b)      to promote diversification of managerial knowledge and skills;

 

(c)      to provide opportunities for continues professional development for managers and leaders;

 

(d)      to set standards and promulgate best practices in the area of professional development of managers;

 

(e)      to undertake analysis and research that would inform national policies on management and leadership development;

 

(f)      to undertake consultancies and advise organisations & government on best practices in the area of management of organisations;

 

(g)      to undertake assessments of training needs in order to assist the fulfilment of national training needs of managers.

 

5.     (1)      The Institute shall be administered by a Governing Board consisting of not less than 6 and not more than 10 members as the Minister may determine, and the Chief Executive Officer, who shall be an ex office member.

 

(2)      The Minister shall appoint the Chairperson of the Board and other members who shall hold office for such term and on such conditions as the Minister may specify in the instrument of appointment. The members shall be eligible for re-appointment.

 

(3)      Any member of the Board may at any time resign office by a letter addressed to the Minister and such member shall cease to be a member of the Board from the date on which the Minister receives the letter.

 

(4)      Where any member vacates office, the Minister shall appoint another person to replace that member for the remaining period of office of that member.

 

(5)      Where any member is temporarily unable to form functions due to ill health, other infirmity, absence from Seychelles or any other cause, the Minister shall appoint any other person to act for such member.

 

6.     (1)      The Board shall meet as often as may be necessary for the transaction of business and the meetings shall be held at such places and times as the Chairperson shall determine.

 

(2)      The Chairperson, or if the Chairperson is not present, a member elected by the members present shall preside at any meeting of the Board.

 

(3)      Five members of the Board shall constitute a quorum.

 

(4)      Questions at a meeting shall be decided by the majority of votes of the members present but in the event of an equality of votes the Chairperson or the member presiding at the meeting shall have a casting vote.

 

(5)      Subject to the provisions of this Act and regulations made thereunder, the Board may regulate its own proceeding.

 

7.     (1)      The Minister shall appoint a person with sufficient competence in the field of management and leadership in education and training as the Chief Executive Officer of the Institute on such terms and conditions as the Minister may determine.

 

(2)      The Chief Executive Officer —

 

(a)        shall be responsible for the implementation of the decisions of the Board and for the management of the affairs of the Institute;

 

(b)        may, subject to the direction of the Board, sign documents on behalf of the Board;

 

(c)        may, subject to the direction of the Board, delegate any function of the Chief Executive Officer to any employee of the Institute.

 

8.     The Institute may employ such persons as are Institute necessary for the performance of its functions on such terms and conditions as it deems fit.

 

9.     All movable property vested in the Government immediately before the commencement of this Act and used and managed by the Director General of the Seychelles Institute of Management and all assets, rights, interests, privileges, liabilities and obligations of the Government relating to the Seychelles Institute of Management shall be transferred to and vest in the Institute upon the commencement of this Act.

 

10.   (1)      All persons employed in the Seychelles Institute of Management prior to the commencement of this Act shall be transferred to the service of the Institute on terms and conditions not less favourable than those enjoyed by them before the transfer.

 

(2)      Until such time as new terms and conditions of service are adopted, the terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Institute under subsection (1) as if the person were still in the service of the Government.

 

PART III - FINANCIAL AND MISCELLANEOUS

 

11.   (1)      The funds of the Institute shall consist of —

 

(a)        any moneys accruing to the Institute from its operations or other payments;

 

(b)        such moneys as are voted by the National Assembly for the use of the Institute; and

 

(c)        any moneys as from time to time are received by the Institute by way of loans, donations, gifts or grants.

 

(2)      The funds of the Institute shall be applied in the discharge of expenses properly incurred in the carrying out of the functions of the Institute; the payment of remuneration to the members and employees of the Institute and in the repayment of any sums borrowed by the Institute.

 

12.   (1)      The financial year of the Institute shall be the calendar year.

 

(2)      The Institute shall keep proper accounts and other relevant records in such form as may be approved by the Auditor General.

 

(3)      Article 158 of the Constitution shall apply in respect of the auditing of the accounts of the Institute.

 

13.   (1)      The Institute shall prepare a plan of activities and submit it at least 30 days before the beginning of each financial year to the Minister for his approval.

 

(2)       The plan shall —

 

(a)     include a statement of the short and medium term objectives of the Institute;

 

(b)     outline the strategies that the Institute intends to employ in order to achieve its objectives; and

 

(c)     include, inter alia, an operational plan, a financial plan, a human resources plan and performance indicators.

 

14.  The Institute shall, as soon as possible after the expiration of each financial year and in any event not later than the 31st day of March in any year, submit to the Minister a report dealing generally with the administration and its activities during the preceding financial year and the Minister shall cause the report to be tabled in the National Assembly.

 

15.   The Minister may, in consultation with the Minister responsible for Public Administration and the Minister responsible for Human Resources Development, give general directions to the Institute in regard to the discharge of its functions and the Institute shall comply with such directions.

 

16.   (1)      The members and the employees of the Institute shall be deemed to be employed in the public service and sections 91 to 96 of the Penal Code shall apply to them.

 

(2)      Subject to subsection (1), the Institute, members and employees of the Institute shall not be liable civilly or criminally in respect of any loss arising from the discharge in good faith by any of them of the functions of the Institute.

 

17.   The Minister may, in consultation with the Institute, make regulations to give effect to the principles and provisions of this Act.

 

 

 

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NO SUBSIDIARY LEGISLATION

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