GHANA INSTITUTION OF ENGINEERS DECREE, 1969 (NLCD 404)

ARRANGEMENT OF PARAGRAPHS

Paragraph

1. Establishment of Institution.

2. Objects.

3. Organisation.

4. Membership of the Institution.

5. Categories of Members.

6. Subscriptions.

7. Meetings.

8. The Council.

9. Functions of the Council.

10. Meetings of the Council.

11. Committees of the Council.

12. Election of Officers.

13. Remuneration.

14. Ministerial Responsibility.

15. Staff.

16. Financial Provisions.

17. Removal from Roll.

18. Penalty.

19. Rules.

20. Interpretation.

21. Commencement.

IN pursuance of the Proclamation entitled "Proclamation for the constitution of a National Liberation Council for the administration of Ghana and for other matters connected therewith", published in Gazette No. 11 of Monday, 28th February, 1966, this Decree is hereby made:—

Paragraph 1—Establishment of Institution.

(1) There shall be established in accordance with the provisions of this Decree an Institution to be known as the Ghana Institution of Engineers, hereafter referred to in this Decree as the "Institution."

(2) The Institution shall be a body corporate with perpetual succession, may sue and be sued in its corporate name and may hold, acquire and dispose of any property, movable or immovable.

(3) The Institution shall have a common seal which shall be kept in such custody as the Council may from time to time determine and shall not be affixed to any document or instrument except by order of the Council and in the presence of two members of the Council who shall sign such document or instrument independently of the signature of any person who may have signed the document or instrument as a witness.

Paragraph 2—Objects.

The objects of the Institution shall be to promote the general advancement of engineering science and practice and to facilitate the exchange of information and ideas relating to or concerning engineering science and practice.

Paragraph 3—Organisation.

(1) The Institution shall consist of such divisions, branches or sections, and shall have its headquarters in such  place as the Council may determine.

(2) Rules made by the Institution may provide for the composition, membership and functions of any divisions, branches or sections of the Institution.

Paragraph 4—Membership of the Institution.

A person shall be eligible for membership of the Institution who:—

(a) passes such qualifying examinations for membership as may be prescribed by the Council under this Decree and complete practical training of such description and for such period as may be prescribed by the Council; or

(b) has obtained a degree or other qualification in any branch of engineering in any University or other institution or establishment recognised by the Council; or

(c) is a member of a society or institution of engineers approved by the Council as being in the opinion of the Council a society or institution of equivalent status to the Ghana Institution of Engineers.

Paragraph 5—Categories of Members.

Rules made by the Institution may provide for:—

(a) the procedure or formalities for application for membership and for the election, admission and enrolment of members of any class or category;

(b) classes or categories of members, the transfer by promotion or otherwise of members from one class or category to another and conditions for the disqualification, suspension or expulsion of, or other disciplinary measures against, members of any class or category;

(c) abbreviations, letters, descriptions or other expressions which members of any class or category shall be entitled to use after their names by virtue of their membership;

(d) any other rights and privileges of members of any class or category, including rights and privileges relating to resignation, retirement and re-admission; and

(e) the payment of fees or other requirements to be complied with prior to or following the election, admission or enrolment as a member of any class or category.

Paragraph 6—Subscriptions.

Rules made by the Institution may provide for the payment by members of any class or category of such annual or other periodical subscriptions as may be specified in the rules; and the rules may contain provisions for disqualifications or similar penalties for non-payment of subscriptions.

Paragraph 7—Meetings.

Meetings of members of the Institution or of any class or category of members or of any division, branch or section shall be provided for by rules made by the Institution.

Paragraph 8—The Council.

The governing body of the Institution shall be the Council which shall consist of the President of the Institution, three Vice-Presidents, Immediate Past President, the Hon. Treasurer,the Hon. Secretary, a person elected by each Regional Branch of the Institution and such other members of the Institution as the Institution shall, from time to time prescribe by rules.

Paragraph 9—Functions of the Council.

(1) The Council shall be charged with the administration and management of the Institution and shall be responsible for carrying out the provisions of this Decree and the functions conferred upon the Council by this Decree.

(2) It shall be the duty of the Council:—

(a) to conduct or provide for the conduct of qualifying examinations for membership of the Institution and to prescribe or approve courses of study for such examinations;

(b) to maintain and publish a register of engineers, that is, persons who have obtained degrees or other qualifications in any branch of engineering in any University or other institution or establishment recognised by the Council as of the required standard, or are members of societies or institutions of engineers approved by the Council as being in the opinion of the Council societies or institutions of equivalent status to the Ghana Institution of Engineers;

(c) make recommendations to Government for the striking off from the register the name of any engineer; for stated misconduct or incompetence;

(d) to secure the maintenance of professional standards among persons who are members of the Institution and to take such steps as may be necessary to acquaint such persons with the methods and practices necessary to maintain such standards;

(e) to maintain a library of books and periodicals relating to engineering and encourage the publication of such books; and

(f) to encourage research in the different branches of engineering and generally to secure the well-being and advancement of the profession of engineering.

(3) No person shall practise or work as an engineer or represent that he is an engineer or that he is qualified to practise as an engineer or otherwise refer to himself as an engineer in any part of the Republic of Ghana except his name is on the register of engineers maintained and published by the Council under sub-paragraph 2 (b) of this paragraph.

(4) Any party aggrieved by a decision with respect to the registration or striking off from the register of engineers as provided for under sub-paragraph 2 (b) and (c) of this paragraph may appeal to the High Court (whose decision shall be final) within 28 days after the date of the decision.

Paragraph 10—Meetings of the Council.

(1) The Council shall meet at least once in every month at such time and place as the President of the Institution shall determine:

Provided that the Secretary shall, at the request of the President or any two Vice-Presidents or any three members of the Council, convene a meeting.

(2) Except otherwise directed by the President in cases of emergency, notice in writing of every meeting of the Council shall be delivered or sent to each member of the Council at least seven clear days before the date of the meeting and every such notice shall specify the time and place of meeting and shall contain a statement of the business to be transacted at the meeting.

(3) At each meeting of the Council the Chairman shall be the President of the Institution and in his absence the Vice-president present or a Vice-President agreed upon by the Vice-Presidents present and, in the absence of the President and all Vice-Presidents a member elected by the members present.

(4) The quorum at every meeting of the Council shall be six of the members for the time being of Council.

(5) At every meeting of the Council each member present shall be entitled to one vote but in the event of an equality of votes the Chairman shall have an additional or casting vote.

(6) Unless otherwise directed by the Chairman, voting shall be by a show of hands and all matters shall be decided by a simple majority of members present and voting.

(7) Notwithstanding the provisions of sub-paragraph (6) rules may be made to provide for voting otherwise than by show of hands and for certain matters to be decided by a majority other than a simple majority.

Paragraph 11—Committees of the Council.

The Council may, from time to time, appoint committees consisting of members of the Council and/or other members of the Institution and delegate to such committees such functions of the Council as the Council may consider expedient.

Paragraph 12—Election of Officers.

(1) The following shall be the officers of the Institution:—

President, three Vice-Presidents, Hon. Secretary and Hon. Treasurer.

(2) The procedure for the election of the President and other officers of the Institution shall be prescribed by rules.

(3) Every officer of the Institution or member of the Council shall, unless he earlier vacates his office, hold office for a period of one year from the date of his election.

(4) Every officer of the Institution or member of the Council shall be entitled by writing under his hand addressed to the Council vacate his office at any time.

Paragraph 13—Remuneration.

The Institution may, if it considers it expedient, pay to any official remuneration and allowances at such rates as the Institution may decide.

Paragraph 14—Ministerial Responsibility.

The Commissioner for Works shall be responsible for the effective operation of this Decree.

Paragraph 15—Staff.

The Council may from time to time appoint servants, advisers and other persons as may appear expedient for the proper and efficient conduct of the business or functions of the Institution and may pay to them such remuneration and allowances as may be decided by the Council.

Paragraph 16—Financial Provisions.

(1) The Institution shall establish and maintain a fund under its management and control into which shall be paid all moneys received by the Institution by way of fees, subscriptions, Government grants-in-aid and otherwise and out of which shall be met all expenses and liabilities incurred by the Council in carrying out its functions under this Decree.

(2) The Institution may invest moneys in the fund in any Government securities or any other securities approved by the Institution.

(3) The Institution may from time to time borrow money for the purposes of the Institution and may pay interest thereon out of the funds of the Institution.

(4) The annual accounts of the Institution shall be subject to audit by an auditor appointed by the members of the Institution at a general meeting.

(5) The accounts of the preceding year as audited shall be approved by the members at an annual general meeting.

Paragraph 17—Removal from Roll.

(1) The Council may strike off the roll of members of the Institution the name of a member if the Council is satisfied that he is, by reason of professional misconduct or physical or mental disability, unfit to be a member of the Institution, or that he has contravened any rules of professional conduct prescribed by the Institution.

(2) A person whose name has been struck off under sub-paragraph (1) of this paragraph may have his name restored if the Council is satisfied that he has become subsequently a fit and proper person to be a member of the Institution, or if the High Court, on application by such person orders that his name be restored.

(3) The Council shall, before striking off the name of any person under subsection (1) make due inquiry into any alleged misconduct or disability.

Paragraph 18—Penalty.

Any person who, not being a member of the Institution represents himself as such a member, or not having the qualifications for admission or enrolment, knowingly represents that he has such qualifications, or contravenes any provision of this Decree, shall be guilty of an offence and shall upon conviction thereof be liable to imprisonment for a term not exceeding one year or to a fine not exceeding N¢200.00 or to both such fine and imprisonment.

Paragraph 19—Rules.

The Institution may make rules, bye-laws or regulations, providing for anything which is required under this Decree to be provided for or prescribed by rules and generally to enable the Council to carry out any of its functions under this Decree.

Paragraph 20—Interpretation.

In this Decree, unless the context otherwise requires—

"Council" means the Council of the Institution constituted in accordance with paragraph 8 of this Decree;

"Institution" means the Ghana Institution of Engineers established under the provisions of this Decree;

"Rules" means rules, bye-laws or regulations made under paragraph 19 of this Decree.

Paragraph 21—Commencement.

This Decree shall come into force on a date to be appointed by the Commissioner for Works by a Legislative Instrument.

Made this 27th day of September, 1969.

BRIGADIER A. A. AFRIFA

Chairman of the National Liberation Council

Date of Gazette Notification: 30th September, 1969.