Section 1. The Negros Occidental Agricultural College in the
City of Kabankalan, Province of Negros Occidental, is hereby converted
into a state college to be known as the "Negros State College of
Agriculture", hereinafter referred to as the "State
College".
Sec.
2. The Negros State College of Agriculture (NSCA)
shall maintain and strengthen or expand the original limited expertise
of the Negros Occidental Agricultural College (NOAC) and include as its
branches or extension campuses the five (5) new extension colleges, two
(2) of which were already opened in Barangay Gil Montilla in the
Municipality of Sipalay and in the Municipality of Cauayan and the
other three (3) to be opened in Barangay Bocana in Ilog, Barangay
Gatuslao in Candoni, and Barangay Pu-ok, Hinoba-an all in the Province
of Negros Occidental, respectively.
The
Negros State College of Agriculture shall have the existing Negros
Occidental Agricultural College in the City of Kabankalan, Negros
Occidental, as its main campus.
The
NOAC-Sipalay Campus shall expand its programs to trade technical
courses and mining science, metallurgy, and other programs that may
prove relevant to the locality.
The
NOAC-Candoni Campus shall offer technical agriculture, forestry,
cooperatives and compact farming systems. The NOAC-Cauayan Campus in
the Municipality of Cauayan shall specialize in agro-fishery and marine
studies and other programs responsive to the needs of the community and
its service areas.
The
NOAC-Ilog Campus at Barangay Bocana shall offer fisheries and marine
sciences/aquaculture. The Main Campus which is the Negros State College
of Agriculture shall continue its present educational programs
including graduate courses.
Sec.
3. The State College shall offer undergraduate and
graduate degree programs, short-term technical or diploma courses,
technological vocational instructions and training in agricultural
sciences, and other related and relevant fields to meet the needs of
the province and the region.
Sec.
4. In addition to its present curricular offerings,
the State College shall provide advanced instruction and professional
training in agriculture, science and technology, education and other
relevant fields as the Board of Trustees may deem necessary, within its
area of specialization.
It
shall promote research, advanced studies, extension and progressive
leadership in each area of specialization: provided, that the State
College shall retain its original mandate as primarily an agricultural
institution: provided, further, that in the case of graduate courses,
the State College shall strengthen its masteral and doctorate degree
programs in agricultural courses.
The
existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports (DECS):
provided, that the high school shall be allowed to remain and operate
within the campus of the State College until the students have
completed their high school education: provided, further, that the
State College may operate a reasonably-sized laboratory school, if it
has a Department of Education.
Sec.
5. The administration of the Negros State College of
Agriculture (NSCA) shall be vested exclusively in the Board of Trustees
as its governing body, hereinafter referred to as the Board, which
shall be composed of the following: Chairman of the Commission on
Higher Education (CHED) as Board Chairman, President of the State
College as vice-chairman, the Chairpersons of the Senate Committee on
Education, Arts and Culture and the House of Representatives Committee
on Higher and Technical Education, Regional Director of National
Economic and Development Authority (NEDA), Regional Director of the
Department of Science and Technology (DOST), the presidents of the
faculty, students and alumni associations, and two (2) prominent
citizens of the province as members.
The
two (2) prominent citizens in the Board shall come from those who have
distinguished themselves in their professions or fields of
specialization of the State College, chosen from among a list of at
least five (5) persons qualified in the Province of Negros Occidental,
as recommended by the search committee constituted by the Board. They
shall serve for a term of two (2) years.
As
a multi-campus State College, the faculty, students, and alumni shall
be represented by the presidents of their federations. Their terms of
office in the Board shall be coterminous with their respective terms in
the federations.
Sec.
6. The Board shall promulgate and implement policies
in accordance with the declared State policies on education, the
constitution, Republic Act Nos. 7722 and 8292 and such other laws or
promulgations on tertiary education.
Sec.
7. In addition to its general powers of
administration and corporate powers set forth in the Corporation Law,
the Board shall have the following specific powers and duties:
(a)
To enact rules and regulations as may be necessary to carry out the
purpose and functions of the State College;
(b)
To receive and appropriate all sums as may be provided to carry out the
powers and functions of the State College;
(c)
To receive in trust legacies, gifts and donations, real and personal
properties and to administer and dispose the same for the benefit of
the College. Such donations shall be exempt from all taxes and shall be
considered as deductible item from the income tax of the donor;
(d)
To fix the tuition fees and other necessary school charges, as the
Board may deem proper to impose, after due consultations with involved
sectors.
Such
fees and charges, including government subsidies and other income
generated by the State College, shall constitute special trust funds
and shall be deposited in any authorized government depository bank,
and all interests that shall accrue therefrom shall form part of the
same funds for the use of the State College.
Any
provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the State College from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the State College, and
may be disbursed by the Board for instruction, research, extension, or
other programs/projects of the State College: provided, that all
fiduciary fees shall be disbursed for the specific purpose for which
they are collected.
If,
for reason beyond its control, the State College shall not be able to
pursue any of the projects for which funds have been appropriated and
allocated under its approved program of expenditures, the Board may
authorize the use of said funds for any reasonable purpose which, in
its discretion, may be necessary and urgent for the attainment of the
objectives and goals of the State College;
(e)
To adopt and implement a socialized scheme of tuition and school fees
for greater access to poor but deserving students;
(f)
To authorize the construction or repair of its buildings, machineries,
equipment and other facilities and the purchase and acquisition of real
and personal properties, including necessary supplies, materials and
equipment. Purchases and other transactions entered into by the State
College through the Board shall be exempt from all taxes and
duties;
(g)
To appoint, upon recommendation of the President of the State College,
vice presidents, deans, directors, and heads of departments and the
appointments of faculty members and other officials and employees of
the State College and its extension campuses or branches;
(h)
To fix and adjust salaries of faculty members and administrative
officials and employees subject to the provisions of the Revised
Compensation and Position Classification System and other pertinent
budget and compensation laws governing hours of service, and such other
duties and conditions as it may deem proper; to grant them, at its
discretion, leaves of absence under such regulations as it may
promulgate, any provisions of existing laws to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(i)
To approve the curricula, institutional programs and rules of
discipline drawn by the administrative and academic councils as herein
provided;
(j)
To set policies on admission and graduation of students;
(k)
To award honorary degrees upon persons in recognition of outstanding
contribution in the field of agriculture or any field of specialization
within the academic competence of the State College and to authorize
the award of certificate of completion of non-degree and
non-traditional courses;
(l)
To establish and absorb tertiary institutions within the Province of
Negros Occidental as branches, centers, stations, etc., in coordination
with the CHED and in consultation with the Department of Budget and
Management (DBM), and to offer therein programs or courses, to promote
and carry out equal access to educational opportunities mandated by the
Constitution;
(m)
To establish research and extension centers of the State College where
such will promote the development of the latter;
(n)
To establish chairs in the State College and to provide fellowships for
qualified faculty members and scholarships to deserving students;
(o)
To delegate any of its powers and duties provided for hereinabove to
the president and/or other officials of the State College as it may
deem appropriate, so as to expedite the administration of the affairs
of the State College;
(p)
To authorize an external management audit of the institution, to be
financed by the CHED and to institute reforms, including academic and
structural changes, on the basis of audit results and recommendations;
(q)
To enter into joint ventures with business and industry for the
profitable development and management of the economic assets of the
State College, the proceeds from which shall be used for the
development and strengthening of the same;
(r)
To set up the adoption of modern and innovative modes of transmitting
knowledge such as the use of information technology, the dual system,
open learning, community laboratory, etc., for the promotion of greater
access to higher education; and
(s)
To extend the term of the president of the State College beyond the age
of retirement but not later than the age of seventy (70), whose
performance has been unanimously rated as outstanding and upon
unanimous recommendation by the search committee;
Sec.
8. The Board shall regularly convene at least once
every quarter. However, the Chairman of the Board of Trustees may, upon
three (3) days prior written notice, call a special meeting whenever
necessary: provided, however, that the Chairman of the CHED or the
College President is among those present.
In
the absence of the Chairman of the CHED, a commissioner of the CHED,
duly designated by him, shall represent him in the meeting with all the
rights and responsibilities of a regular member: provided, however,
that in the said meeting, the President of the State College as
vice-chairman shall be the presiding officer.
Sec.
9. The Negros State College of Agriculture shall be
headed by a president who shall render full-time service. He shall be
appointed by the Board of Trustees pursuant to Republic Act No. 8292,
upon recommendation of a duly constituted Search Committee. He shall
hold office for a term of four (4) years, extendible only for another
four (4) years by the Board, upon unanimous recommendation by the
Search Committee: provided, that he shall not be over seventy (70)
years old to qualify for reappointment or term
extension.
In
case of vacancy in the office of the president by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of
the president to perform the functions of his office, the Board shall
have the authority to designate an officer-in-charge who shall serve
for the unexpired term only, pending the appointment of a new State
College president. If the successor shall serve for more than two (2)
years, then such shall be considered as one full term for the successor.
The
powers and duties of the president of the State College, in addition to
those specifically provided in this Act, shall be those pertaining to
the office of the president of similar state colleges. His salary shall
be comparable with that being received by the presidents of similar
educational institutions of like standing.
Sec.
10. There shall be an administrative council
consisting of the president of the State College as chairman, the vice
president(s), deans, directors and other officials of equal rank whose
duty is to review and recommend policies governing the administration,
management and development planning of the State College, as approved
by the Board.
Sec.
11. There shall be an academic council with the
president of the State College as chairman and all the members of the
instructional staff with the rank of not lower than assistant
professor, as members. The academic council shall have the power to
prescribe curricular offerings, subject to the approval of the Board.
It shall fix the requirements for admission to the State College, as
well as for graduation and the conferring of degrees subject to review
and/or approval by the Board through the president of the State
College. It shall have disciplinary power over the students and shall
formulate academic policies and rules and regulations on discipline.
Such policies, rules and regulations shall be approved by the Board.
Sec.
12. The Board shall appoint a secretary who shall
serve as such for both the Board and the State College and shall keep
all records and proceedings of the Board. He shall communicate to each
member of the Board notice of meetings.
Sec.
13. The Treasurer of the Philippines shall be the ex
officio treasurer of the State College.
Sec.
14. No religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the State
College: provided, however, that no member of the faculty shall teach
for or against any particular church or religious sect.
Sec.
15. In order to ensure the smooth transition to a
State College, the incumbent superintendent of the Negros Occidental
Agricultural College, if qualified, shall serve as the first president
of Negros State College of Agriculture subject to the provision of Sec.
9 on the College president. The remaining term of the incumbent
superintendent of the Negros Occidental Agricultural College shall be
counted as his first term as State College President.
Sec.
16. All assets, fixed and movable, personnel and
records of the Negros Occidental Agricultural College, as well as
liabilities or obligations, are hereby transmitted to the State
College: provided, however, that the positions, rights and security of
tenure of personnel therein employed under existing laws prior to its
conversion to a state college are not impaired: provided, further, that
the incumbents of the positions shall remain under the same status
until otherwise provided for by the Board.
Sec.
17. The heads of bureaus and offices of the national
government are hereby authorized to loan or transfer upon request of
the president of the State College, such apparatus, equipment or
supplies as may be needed by the State College, and to detail employees
for duty therein when, in the judgment of the bureau or office, such
apparatus, equipment, supplies or services of such employees can be
spared without serious detriment to the public service. Employees so
detailed shall perform such duties as required of them by the president
of the State College, and the time so employed shall be counted as part
of their regular services.
Sec.
18. The State College shall provide a scholarship
program and other affirmative action programs to assist poor but
deserving students to qualify for admission to the State College. No
student shall be denied admission to the State College by reason of
sex, religion, cultural or community affiliation or ethnic origin.
Sec.
19. The State College shall enjoy academic freedom.
Sec.
20. On or before the fifteenth day of the second
month after the opening of the regular classes each year, the Board
shall file with both Houses of Congress a detailed report on the
progress, condition and needs of the State College.
Sec.
21. The State College may accept the affiliation
and/or integration within its operation of any existing national school
with the province whose programs can contribute largely and effectively
to the attainment of its objectives, in coordination with the
Commission on Higher Education (CHED) and in consultation with the DBM:
provided, that funds, properties and other assets, as well as
obligations of the integrated school shall be transferred to the State
College.
Sec.
22. The amount necessary to carry out the provisions
of this Act shall be added to the current year's appropriations of the
Negros Occidental Agricultural College, except the sum needed to
continue the operations of the existing high school. Thereafter, such
sums as may be necessary for the continued operation and maintenance of
the Negros State College of Agriculture shall be included in the annual
General Appropriations Act.
Sec.
23. Within the period of one hundred twenty (120)
days, after the approval of this Act, the State College shall
accomplish the following:
(1)
Submit a five (5)-year development plan, including its corresponding
program budget, to the CHED, for appropriate recommendation to the
DBM;
(2)
Undergo a management audit in cooperation with the CHED;
(3)
Accordingly set up its organizational, administrative as well as
academic structure, including the appointment/designation of state
college key officials; and
(4)
Set in motion the establishment of at least four (4) separate
degree-granting units, one of which is in the arts and sciences and
another, at the graduate level.
Sec.
24. Members of the faculty of the State College at
the tertiary level shall be exempt from any civil service examination
as a requisite for appointment, without prejudice to the right of the
Board to impose other professional examination requirements intended to
maintain high academic standards.
Sec.
25. The provisions of Republic Act No. 8292,
otherwise known as the "Higher Education Modernization Act of 1997",
shall form an integral part of this Act and together shall serve as the
governing charter of the State College.
Sec.
26. All other powers, functions and privileges,
responsibilities and limitations to state colleges and/or its officials
under existing laws shall be deemed granted to or imposed upon the
State College and/or its officials whenever
appropriate.
Sec.
27. All laws, presidential decrees, executive orders,
rules and regulations contrary or inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.
Sec.
28. This Act shall take effect upon its approval.
Approved:
July 3, 2001.
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