Board of Trustees Legislation

Jordanian Universities Law No. 18 of 2018 published on page 2343 of the Official Gazette No. 5513 dated 5-2-2018

Article 1

This law is called (the Jordanian Universities Law of 2018), and it shall be enforced from the date of its publication in the Official Gazette.

Article 2

The following words and expressions wherever mentioned in this law shall have the meanings assigned to them below, unless the context indicates otherwise:

University: An official or private institution of higher education that awards a university degree.

The Council: The Higher Education Council.

The Board of Trustees: The University’s Board of Trustees appointed in accordance with the provisions of this law.

The President: The President of the University.

Dean: The dean of a college or institute or the dean of university activity.

Owner: Any company, association or institution that owns the private university and is registered in accordance with the provisions of the legislation in force.

Commission: The company's board of directors or the board of directors or the administrative body of the association or institution that owns the private university.

Article 3

The official university enjoys a legal entity with financial and administrative independence, and in this capacity, it has the right to own transferable and non-transferable properties, and to conduct all legal actions, including the conclusion of contracts, acceptance of endowments, aid, donations, grants, grants and bequests and it has the right to borrow with the approval of the Council of Ministers as well as the right to litigate and carry out business and legal procedures And all judicial procedures, and that the attorney general or any lawyer delegated to him for this purpose in the judicial procedures.

Article 4

a. The private university is established by a decision made by the council which is based on a request submitted by the owner, in accordance with the conditions and guarantees specified by a regulation issued for this purpose, provided that the council issues its decision regarding this application within a period not exceeding four months from the date of its submission.

B. The owner shall have the right to own state or financial property, the right to borrow, mortgage and accept the pledge.

C. Subject to the provisions of Paragraph (b) of this Article, the private university enjoys a legal entity with financial and administrative independence, and in this capacity it has the right to conduct all legal actions, including the right to litigate and conclude contracts, and in this capacity it has the right to accept endowments, aid, donations, grants, grants and wills with the approval of the Council of Ministers.

D. The relationship between the authority and the university is regulated by a system that guarantees academic and administrative independence for the university administration.

 

Article 5

The provisions of this law shall apply to any university established before the enforcement of its provisions or will be established after its enforcement.

Article 6

A. The university is an independent academic institution that works to achieve the goals of higher education and scientific research, implements its policies, and does the following:

1- Developing study and research programs, curricula and plans.

2- Holding exams.

3- Awarding academic and honorary degrees and certificates.

B. 1. The official university sets a schedule of appointments with the jobs it needs in its scientific, technical, administrative and other apparatus, and the occupants of these positions are appointed in accordance with the provisions of the regulations in force.

2. The private university shall have an organizational structure that organizes its administrative, financial and technical bodies, and the departments of these bodies shall follow the president, and the events of the positions therein shall be according to the university’s needs and its budget approved by the relevant councils.

Article 7

a. The university may, by a decision of the Board of Trustees based on the recommendation of the University Council, establish centers for education, training, consulting and services, and establish schools and any special programs on or off the university site.

B. 1. The university may open branches, centers, and liaison offices for it inside and outside the kingdom by a decision of the council based on the recommendation of the board of trustees.

2- The university branch within the Kingdom is considered an administratively and academically independent unit for the purposes of implementing public and private accreditation standards.

3- The official university branch is a financially independent unit for the purposes of the budget and final financial statements.

4- The university branch’s representation in the University Council and the Deans ’Council is restricted to the head of this branch.

C. The university applies its regulations and instructions to its branches.

Article 8

a. Each university shall have a council called (the Board of Trustees) consisting of a president and twelve members, who hold a first university degree as a minimum.

B. Subject to the provisions of Article (9) of this Law, the Chairman and members of the Board of Trustees shall be appointed for a renewable term of four years.

C. The Board of Trustees elects from among its members a vice-chairman who will assume his duties in the event of his failure.

D. If the position of the Chairman of the Board of Trustees or any member thereof becomes vacant for any reason, then a replacement shall be appointed for him for the remaining period according to the method in which the appointment of the vacant position was made.

E. It is not permissible for the president or whoever was a former president of the university to appoint a chair of its board of trustees before a period of not less than five years has passed since he left office, and it is not permissible for a faculty member or employee working at the university to be a member of its board of trustees from among its members.

F. The president, his deputy, or the head of a branch of any university may not be a member of the board of trustees of another university

 

 

G. 1. The Board of Trustees shall form an academic committee, an administrative and financial committee, and any other permanent committee it deems necessary to study the topics it refers to, according to the competence of each committee.

2. Each of the committees referred to in Clause (1) of this paragraph shall be headed by a person named by the Board of Trustees from among its members.

H. The Board of Trustees holds its meetings on the university campus at least once a month and whenever the need arises, and the university allocates a suitable place for the Board of Trustees and the administrative apparatus that supports it to conduct their business and hold their meetings, provided that the President and members of the Board are paid a reward whose amount is determined according to instructions issued by the Council to the official universities and issued by the Commission For private universities.

I. The Board of Trustees issues the necessary instructions to organize its meetings and business.

Article 9

a. The board of trustees of the official university is formed as follows:

1- Chairman of the Board of Trustees.

2- Four academic members who hold the rank of professorship from outside the university.

3- Three members from the industry and trade sector.

4- Four members with experience and opinion.

5- University President.

B. The board of trustees of the private university is formed as follows:

1- Chairman of the Board of Trustees upon the recommendation of the Commission.

2- Four academic members who hold the rank of professorship from outside the university selected by the council.

3- Two members from the industry and trade sector upon a recommendation from the Commission.

4. Two members with experience and opinions who are not members of the commission, attributed to them by the commission, provided that one of them is from the local community.

5- Three members appointed by the commission from among its members.

6- The President of the University.

C. The president of the board of trustees of the official university and its members are appointed, and their resignations are accepted by a royal will based on the prime minister's recommendation based on the council’s recommendation.

D. Subject to the provisions of Clause (2) of Paragraph (B) of this Article, the chairperson and members of the Board of Trustees of the Private University shall be appointed, their resignations accepted and relieved of their positions by a decision of the Council based on the Commission’s placement.

E. If the position of the chairperson of the university’s board of trustees or any member thereof becomes vacant for any reason, a replacement shall be appointed in the same way.

F. The membership of the Board of Trustees shall automatically terminate if the member fails to attend three consecutive meetings or five separate meetings without an excuse acceptable to the Chairman of the Board of Trustees.

Article 10

The Board of Trustees shall assume the following duties and powers:

A. Drawing the general policy of the university.

B. Approving the annual and strategic plan of the university based on the university council and following up on its implementation and evaluation.

C. Evaluating the performance of the university and its leadership from all aspects, including academic, administrative, financial and infrastructure, and periodically discuss the self-evaluation reports submitted by it.

D. Submitting an annual report on the performance of the university and its president to the council in accordance with standards set by the council for this purpose.

E. Appointing vice presidents, university deans and branch heads, upon the president's recommendation.

F.  Recommending to the Council to establish colleges, departments, institutes and scientific centers affiliated to it inside or outside the Kingdom.

G. Recommending to the Council to establish academic programs and specializations, merging them with others or canceling them.

H. Determining the tuition fees that the university collects from students in various disciplines.

I. Determining the bases for acceptance and numbers of admissions in the fields of different specializations or stop admission in them according to accreditation and quality control standards, on the recommendation of the Council of Deans within the general policy approved by the Council.

J.1- Discussing the university’s annual budget, financial statements and final accounts, and approving them after approval by the University Council, and submitting them to the Council for approval, provided that it is accompanied by the report of the private university’s chartered accountant.

2- Peruse the reports of the Internal Control Unit and the Audit Bureau and their inquiries, as well as the answers and procedures taken about it at the official university and submitted to the council.

K. Seeking to support the university's financial resources and organizing its investment affairs.

L.  Accepting aids, donations, grants, bequests, and endowments, subject to approval by the Council of Ministers if they are from a non-Jordanian source.

M. 1- Agreeing to conclude cultural, scientific and technological cooperation agreements and other agreements between the university and its counterparts inside and outside the Kingdom.

2- Recommending to the Council the approval of concluding cooperation agreements between the university and its counterparts inside and outside the Kingdom, or in the programs and specializations that lead to obtaining academic degrees, provided that they obtain special accreditation.

N. Discussing draft regulations and submitting them to the council to complete the procedures for duly approval.

S. Appointing an external certified accountant to audit the university’s final financial accounts and determine fees accordingly, upon the recommendation of the University Council.

P. Any other matters related to the university presented by the Chairman of the Board of Trustees, which do not fall within the powers of any of the bodies stipulated in this law and the legislation in force at the university.

Article 11

a. Each university shall have a full-time president for its administration, who is appointed for a period of four years, renewable for one time, provided that he is of Jordanian nationality, and holds the rank of professor as a faculty member.

B. The president of the official university is appointed by a royal decree based on the council’s recommendation and from among a list of three candidates recommended by its board of trustees.

C. The president of the private university is appointed by a decision of the council based on the recommendation of the board of trustees, provided that he is not a partner or a shareholder in the owner or a member of the commission. .

D. The service of the president ends in any of the following cases:

1. The termination of his appointment, acceptance of his resignation from the Council, or his death.

2- Exemption from his position by a decision of the council at the public university, and by a decision by the council based on a placement of justified placement from the board of trustees at the private university.

E. 1- The president exercises his powers as a member of the university's faculty, and is affiliated with one of the colleges or academic departments in it.

2- If the president reaches the legal age specified for the end of the services of the faculty members at the university, he will continue to chair the university until the end of his appointment period stipulated in Paragraph (a) of this article.

F. The presidency of the university may not continue without a president for more than four months, and the council takes the decision it chooses in the event that this period has passed.

G. The president of the official university who is appointed as a president in other than his original official university receives the end of service reward from his original official university on the basis of the period of his service there.

H. The president whose service at the public university ends in accordance with the provisions of Paragraph (D) of this Article continues to occupy the professorship rank in the official university he presides or in his original official university and at its highest level, unless the university feels that he is unwilling to continue.

B- The president of a public university is appointed by a royal decree based on the Council’s recommendation, and chosen from a list of three candidates recommended by its board of trustees.

C- The president of a private university is appointed by the Council’s decision based on the recommendation of the board of trustees provided that he/she is not a partner or shareholder in the ownership or a board member.

His/her salary and all his/her rights and privileges are determined by the board of trustees based on the board's recommendation and according to a special contract with the university signed by the president of the board of trustees on behalf of the university.

D- The president's term shall be terminated in the following cases:

1 .The end of his/her term or his/her accepted resignation by the council or his/her death.

2.  If he/she is discharged by a council’s decision (in the case of a public university) or by a decision from the board based on a plausible recommendation from the board of trustees (in the case of a private university)

E- 1. The president shall exercise his/her duties considering that he/she is an academic member at the university and is affiliated to one of the colleges or academic departments in it.

2.  Once the president reaches the legal resignation age for ending his/her services as an academic staff member at the university, he/she shall continue to head the university as its president until he finishes his/her stipulated term of appointment as mentioned in paragraph (A) of this article.

F- It is not permissible for the university’s presidency to continue without the presence of a president to hold this position for a period of four months, where the council takes the decision it sees suitable in case the period extends.

G- The president of a public university appointed at another public university other than his/her home university shall get an end of service compensation reward from his/her home university based on his/her service term. The earned financial rights shall be calculated for his/her duration of work at the presidency of a public university he/she was appointed at and therefore shall be paid by it.

H- The president who finishes his/her term of service at a public university shall retain his professorship status at the public university he/she was president at or at his/her home university to the furthest extent as per the provisions in paragraph (D) of this article unless he/she wishes to not continue at the university.

Article 21

A- Notwithstanding the provisions of any other legislation, faculty members are permitted to combine both their university salaries and their retirement pensions.

 

B- (1) Any faculty member may transfer from one public university to another if they get approval from the deans’ councils of the two universities concerned. In this case, the faculty member’s service at the new university shall be considered continued service for all purposes, and all his/her financial rights shall be transferred from the previous university, upon completion of his/her work there, to the university to which he/she is transferred.

 

(2) The service of a faculty member appointed at a public university is considered continued service if he/she is appointed at another public university

 

C-It is not permissible for a faculty member (while under contract to his/her university) to be appointed at another university without the approval of his/her university.

 

D- (1) It is not permissible for the age of a faculty member to exceed seventy years.

 

(2) Despite what is stated in article (1) of this paragraph, a faculty member who holds the rank of professorship may continue to work until he reaches the age of seventy-five, provided that he/she is medically fit to perform his/her academic work.

 

Article 22

A faculty member is:

A- Professor.

B- Associate professor.

C- Assistant professor.

D- Instructor.

E- Assistant Instructor.

F- Practicing professor.

 

 

 

 

Article 23

A- A public university has its own independent budget, prepared by the president, approved by the university council, endorsed by the board of trustees, and ratified by the council.

 

B-  (1) A private university has its own independent budget, prepared by the president, discussed by the university council, approved by the board of directors, endorsed by the board of trustees, and ratified by the council.

 

 (2) A private university shall open a private account –independent of that of the owner or the commission –in a bank inside the Kingdom. All university’s allocations shall be deposited in this account according to its operational annual budget, in addition to what is allocated according to paragraph (1) in article (25) of this law, and spending shall be approved by the president.

 

C- A public university branch has an independent budget, prepared by the branch president, approved by the university council, and endorsed by the board of trustees.

 

D- A private university branch has an independent budget, prepared by the branch president, discussed by the university council, approved by the commission, and endorsed by the board of trustees.

 

Article 24

A- The financial resources of a university include the following:

1- Study fees.

2- Revenues from its transferable and non-transferable properties.

3- Income from the educational, advisory, and research activities of the faculties, institutes and centers, and from any productive projects and university facilities.

4- Grants, donations and wills after the approval of the Cabinet if from a non-Jordanian source.

5- Any other incomes.

 

 

B- Allocations from the State’s general budget are additional resources for the public university.

 

C- (1) The university shall have an internal monitoring and audit unit, and its director is appointed upon a decision by the board of trustees.

 

(2) The unit is directly accountable to the board of trustees, and shall supervise administrative and financial matters in the university and shall submit quarterly and semiannual reports to the board of trustees.

 

(3) The chairman of the board of trustees shall submit a copy of the semiannual report and the annual report to the council for approval.

 

 

Article 25

(A) The university shall allocate at least (5%) of its annual budget and financial resources mentioned in article (24) of this law for scientific research, innovation, publication, scientific conferences, and sponsoring candidates to pursue MA and PhD degrees, provided that the allocated percentage for scientific research, innovation, publication, and scientific conferences doesn’t exceed (3%) and the percentage allocated for academic scholarship is at least (1%).

 

 

 

(B) The surplus of the percentages mentioned in paragraph (A) of this article shall be transferred to the Scientific Research Fund if they are not spent within four years of their date of allocation for any of the purposes mentioned in the paragraph.

 

(C) A university that has been operating for ten years or more shall allocate at least (2%) of its annual budget and resources mentioned in article (24) of this law for the renovation and maintenance of its buildings, and for the modernization of its facilities and infrastructure.

 

 

 

Article 26

(A) The funds of a public university are public funds and are collected according to the effective public funds collection law.

 

(B) The public university enjoys all exempts and facilities enjoyed by ministries and governmental departments. It is also exempt from any government or municipal taxes or fees of any kind.

 

Article 27

(A) Notwithstanding any provisions of any other legislation, a public university shall undertake all tasks and public services (within its campus) and provide necessary means and facilities required to achieve its goals and objectives stipulated in this law. Moreover, it shall provide means to protect its property and assets, including the construction of buildings that it needs according to the planning and designs it deems appropriate.

 

(B) Employees with written authorization by the president to guard the public university, its branches, and its buildings, and maintain internal security in it, are considered to have a judicial control role as per their scope of expertise.

 

Article 28

Notwithstanding any provision in the Companies Law or in any other legislation,

(A) the board (of directors) is directly responsible for spending, capitalist construction projects, buildings, facilities, and necessary maintenance for the private university, which is approved by board, and shall manage its funding as per the approved plan by the board of trustees.

 

(B) the board shall not intervene in the management of the university’s academic affairs in any form.

 

(C) the private university shall manage the accounts and financial records that organize its tasks according to the customary accounting norms. The final accounts and reports are subject to auditing by a certified accountant appointed by the board for this purpose.

 

Article 29

(A) Each council mentioned herein holds meetings by an invitation from its president or one of his/her deputies in case he/she is absent.

(B) The president of the university may invite any of its councils to meet – with the exception of the board of trustees.

(C) At least half of the members of any council may submit a request to its president to meet; in such case, the council president shall invite the members to meet within fifteen days as of the date of his/her reception of such request.

 

Article 30

The legal quorum for the meeting of any council mentioned in this law is made up by the presence of the majority of its members, and the decisions shall be made according to the majority votes by present members

 

Article 31

The decisions made by any council may be challenged and submitted to a higher-ranking council, whose decision shall be deemed final.

 

Article 32

A public university may establish funds for housing, saving, investment, donations, students and other funds related to the academic staff and workers. Each fund (except donation and student funds) has a legal personality, whose regulations, purposes, management, membership, subscription, fees, liquidation and other relevant matters are subject to regulations issued for this purpose.

 

Article 33

The provisions of this law and any other legislation related to higher education are applicable to any non-Jordanian institution – or any of its branches – offering higher education in the Kingdom regardless of its legal status.

 

 

Article 34

(A) The board of trustees of a private university may prepare draft bylaws and submit them to the council for approval, provided that they follow the academic staff regulations applied at any public university except the salary scale, if found.

 
(B) Until the regulations mentioned in paragraph (A) of this article are adopted, the regulations currently in force at the University of Jordan shall be followed in case the private university does not adopt a system of its own.

 

Article 35

The Cabinet shall issue the regulations necessary for the implementation of this law, along with the following regulations related to public universities:

 

A- Appointing, promoting, transferring, sponsoring, seconding, and granting tenure to the members of the teaching staff, lecturers, research and teaching assistants, secondees, pensioners, employees, and all university workers, and granting them leaves (including sabbatical and unpaid leaves), accepting their resignation, discharging them, and determining their work and financial rights and duties and all other matters related to their university work.

B- Appointing university presidents.

C- Transfer, travel, and health insurance issues.

D- Performance assessment and accountability of academic leaders at higher education institutions

E- Performing academic work at universities and university colleges

F- Financial matters, supplies and work affairs.

G- Granting degrees and certificates and determining their conditions, bases, rules and procedures

H- Scientific scholarships, including their costs and conditions.

I- Matters related to scientific research.

 

Article 36

A university council shall issue the instructions related to academic staff, workers, and students clubs; student dormitories; and any other matters related to the students’ social and cultural activities.

 

Article 37

Any provision in the law of any public university that conflicts with the provisions of this law shall not be applied.

 

Article 38

Jordanian Universities’ Law No. (20) of 2009 and its amendments shall be abolished, provided that its regulations and instructions are to be followed until they are amended, canceled or replaced by others in accordance with the provisions of this law.

 

Article 39

The Prime Minister and the ministers are entrusted with the implementation of the provisions of this law.