Whereas a duly constituted Special General Meeting of the Arya Pratinidhi Sabha of Fiji, hereinafter called the Sabha, held on 4 December 2004 at DAV College Suva, on the recommendation of the Education Committee of the Sabha, unanimously resolved that the Sabha sponsor the establishment of a university in Fiji, a resolution which is consistent with the resolution of the APS at the Golden Jubilee Celebrations of the Sabha in 1956.

Now therefore be it known that the Trustees of the Sabha by these Presents do for itself and its successors, will and ordain as follows:

1. There shall be and is hereby constituted and founded for the communities of the Republic of Fiji Islands and any other overseas communities that may wish to receive tertiary education a University with the name and style of “The University of Fiji”, hereinafter referred to as “the University”.

2. The University shall be a body corporate with perpetual succession and a common seal by the name and style of “The University of Fiji” with power and capacity in that name to sue and be sued, to take, purchase, hold, charge, sell, exchange, demise or otherwise dispose of real and personal property, to invest, lend or borrow money, and subject to this Charter, to perform such other acts as by law bodies corporate that are created by Charter may do, and the University shall have the constitution and powers and be subject to the provisions in this Charter.

3. The object of the University shall be to disseminate, maintain and advance knowledge by teaching and other means such as consultancy and research and provide appropriate levels of education and training for the welfare and needs of the communities mentioned above.

4. The University shall have the following powers:
(a) To institute Professorships, Associate Professorships, and Lectureships and other offices of any kind as the University may consider appropriate.

(b) To appoint persons to and to remove them from such offices instituted, to prescribe the conditions of service of staff and to provide for their discipline.

(c) To prescribe the conditions under which students and persons or categories of persons shall be admitted to the University for the purpose of pursuing any programme or course of study therein, and to ensure that provision is made for the maintenance of the discipline of the students of the University.

(d) To provide through programmes and courses of study and otherwise instruction and training at such levels and by such means as the University may think appropriate.

(e) To make provision for consultancy and research and for the dissemination, maintenance and advancement of knowledge in such manner as the University may determine.

(f) To make provision for research, design, development, testing and advisory services, and to enter into such arrangements with other institutions or bodies as the University may consider desirable.

(g) To affiliate, associate or cooperate with other institutions or bodies with regard to matters pertaining to the well-being of the University and other institutions as may be appropriate in particular situations.

(h) To enter into any agreement for the incorporation in the University of any other institution or body and, in consultation with and approval of the Sabha, for taking over the rights, properties, and liabilities thereof.

(i) To establish awards such as Fellowships, Scholarships, Prizes and other aids for study and research.

(j) To examine and accept where appropriate examinations passed and periods of study spent at other universities and institutions as equivalent to such examinations and periods of study in the University as the University may determine.

(k) To grant and confer Degrees, Diplomas, Certificates and other distinctions or awards of study grants in accordance with the requirements of the University.

(l) To confer distinctions including Honorary Degrees on approved persons, according to procedures established by the University.

(m) To revoke or deprive any persons of Degrees, Diplomas, Certificates, or other distinctions or awards granted or conferred by the University on foundations that the University shall consider to be good cause.

(n) To determine, demand and receive fees.

(o) To provide facilities and buildings, to maintain, manage, deal with, dispose of and, subject to this Charter, to invest all the property, money, assets and rights of the University in consultation with the Sabha, and to enter into engagements and to accept obligations and liabilities in all respects and in the same manner as an individual may manage his own affairs.

(p) To raise money and procure contributions to the funds of the University in such manner and for such purposes as the University may from time to time think fit.

(q) To act as manager of any property, legacy, endowment, bequest or gift held in furtherance of the objects of the University, and to invest any funds representing the same in accordance with the Statutes.

(r) To give guarantees for the payment of any sum or sums of money or the performance of any contract or obligation by any company, body, society or person if the University considers it to be expedient and consistent with its objects to do so.

(s)  As appropriate, to continue and expand the work and activities hitherto carried on by the Interim Council of the University.

(t) To take over from the Interim Council of the University its responsibilities, liabilities, and engagements.

(u) To do, subject to consultation with the Sabha, all such other acts and things whether incidental to the powers aforesaid or not as the University may consider to be necessary or expedient in order to further its objects.

5. There shall be a Chancellor of the University, who shall be the titular head of the University, and who shall confer University Degrees and award Diplomas and Certificates.

6. There shall be a Pro-Chancellor of the University, who shall be the Chair of the University Council and preside over its meetings and graduation ceremonies.  In the absence of the Chancellor, or during a vacancy in the Office of Chancellor, the Pro-Chancellor shall exercise all the functions of the Chancellor.

7. There shall be a Vice-Chancellor of the University, who shall be the chief executive officer of the University and who shall preside over meetings of the Senate.

8. There shall be such other officers of the University as the Council may from time to time determine.

9. There shall be a Council of the University, hereinafter referred as “the Council” which, subject to this Charter, shall be the executive governing body of the University.  The Council shall have the custody and use of the Common Seal and shall be responsible for the management and administration of the revenue and property of the University.  Subject to the powers, duties and functions of the Senate as provided in this Charter, the Council shall have general control over the conduct of the affairs of the University, and may exercise on behalf of the University all powers conferred on the University by this Charter, and shall have all such other powers.

10. There shall be a Senate of the University which, subject to the powers, duties and functions of the Council as provided in the Charter, shall be responsible for the teaching, research and other academic work of the University and for the regulation and superintendence of the education, training and discipline of the students of the University.

11. Subject to this Charter, there shall be constituted such other institutions or bodies and such committees as the Council may from time to time consider necessary or expedient for the administration of the affairs of the University.  The Council and the Senate may delegate any of its powers, duties and functions to such institutions and committees.  No delegation may prevent the Council and the Senate from performing any of the functions or exercising any of the powers of the Council or the Senate.  All such delegation is revocable by will.

12. Subject to this Charter, the Interim Council may prescribe the constitution, powers, duties and functions of the Council and the Senate.  The Council may, by Special Resolution, amend the constitution, powers, duties and functions of the Council and Senate, provided that no such amendment shall have effect until approved by the Sabha.

13. Subject to this Charter, the Interim Council may prescribe or regulate the status, appointment and continuance in office of the Vice-Chancellor and other officers of the University.

14. It shall be the duty of the Council to refer to the Senate any matter which the Council considers to bear directly on the academic responsibilities of the Senate.

15. It shall be the duty of the Senate to bring before the Council any matter coming before the Senate which the Senate considers to have financial implications or in any way to affect the general well-being of the University or its relationship with persons or bodies outside the University.

16. No religious, ethnic, gender or political test shall be imposed upon any person in order to entitle him/her to be admitted as a member, professor, teacher or student of the University, or to hold office therein, or to graduate thereat or to hold any advantage or privilege thereof.

17. The Council may at any time add to, amend or repeal this Charter by a Special Resolution and such addition, amendment or repeal shall, when endorsed by the Sabha, become effectual.

18. For the purpose of this Charter, a “Special Resolution” means a Resolution passed at a duly constituted meeting of the Council by a majority of not less than three-fourths of those present and voting, of which meeting notice has been given to each member of the Council not less than fourteen days before the meeting is held, and confirmed by a Resolution passed by a like majority at the next subsequent meeting of the Council, of which meeting like notice has been given and which is held not less than one calendar month after the former meeting.

19. The Sabha reserves the right, on representation from the Council made in pursuance of a resolution passed by a simple majority of the members of the Council present and voting, to appoint by Order in Council a Visitor of the University for such period and with such duties as the Sabha shall see fit.