ACTS OF GHANA

NATIONAL ACCREDITATION BOARD LAW, 1993  (PNDCL 317)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of National Accreditation Board

2. Membership of Board

3. Functions of Board

4. Meetings of Board

5. Quorum

6. Accreditation exercise

7. Board to appoint panel

8. Executive Secretary

9. Other staff of Board

10. Funds of Board

11. Accounts and audit

12. Financial year of Board

13. Board to grant certificates

14. Annual reports

15. Powers to obtain information

16. Regulations

17. Offence

18. Interpretation

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1—Establishment of National Accreditation Board

There is hereby established a body to be known as the National Accreditation Board (hereafter in this law referred to as "the Board").

Section 2—Membership of Board.

The Board shall consist of—

(a) a chairperson;

(b) one representative from each university in Ghana;

(c) two persons representing the polytechnics;

(d) two person representing RECAAST institutions;

(e) one representative of the Conference of Heads of Assisted Secondary Schools;

(f) two persons representing the Association of Recognised Professional Bodies;

(g) a representative of the Association of Ghana Industries;

(h) a representative each of—

(i) the Ghana Employers Association;

(ii) National Council for Higher Education or howsoever described;

(iii) the Public Services Commission;

(iv) the Nurses and Midwives Council;

(v) the West African Examinations Council;

(vi) the Technical and Professional Examinations Board;

(vii) the Higher Education Division of the Ministry of Education;

(i) four other persons at least one of whom shall be a woman; and

(j) the Executive Secretary of the Board.

(2) All the members of the Board shall be appointed by the Council.

(3) All the members of the Board except the Executive Secretary shall hold office for a period of three years and are eligible for re-appointment.

(4) A member of the Board may by writing addressed to the Council resign his office.

Section 3—Functions of Board.

(1) The Board shall be responsible for the accreditation of both public and private institutions with regard to the contents and standards of their programmes.

(2) Without prejudice to subsection (1) of this section, the Board shall—

(a) determine in consultation with the appropriate institution or body, the programme and requirements for the proper operation of that institution and the maintenance of acceptable levels of academic or professional standards;

(b) determine the equivalences of diplomas, certificates and other qualifications awarded by institutions in Ghana or elsewhere; and

(c)  perform any other functions that the Council may determine.

Section 4—Meetings of Board.

(1) The Board shall meet for the despatch of business at such times and places as the chairman may determine.

(2) At a meeting at which he is present the chairman shall preside and in his absence a person elected by the members of the Board present from among themselves shall preside.

(3) A decision of the Board shall be by the majority of the members present and voting and in the event of equality of votes the chairman or person presiding shall have a casting vote.

Section 5—Quorum.

The quorum for a meeting of the Board shall be eleven.

Section 6—Accreditation Exercise.

(1) An accreditation exercise may be initiated by the Board, the governing body of an institution or the institution itself.

(2) Without prejudice to subsection (1) of this section, the Board shall carry out an accreditation exercise in respect of every institution at least once in every five years.

Section 7—Board to appoint panel.

(1) The Board may for the purposes of conducting an accreditation exercise appoint a panel.

(2) A panel appointed under subsection (1) shall consist of a chairman and such other persons not exceeding eight from the appropriate professional, academic, industrial or commercial fields as the Board may determine.

(3) The panel  shall consist of members of the Board or non-members or both.

Section 8—Executive Secretary.

(1) The Board shall have an officer to be designated the Executive Secretary.

(2) Subject to the directions on policy matters that the Board may give, the Executive Secretary shall be responsible for the day-to-day administration of the Board.

(3) The Executive Secretary shall be appointed by the Council and shall hold office upon the terms and conditions determined by the Council.

Section 9—Other Staff of Board.

(1) The Board may appoint other employees to assit the Executive Secretary in the discharge of his duties.

(2) The employees shall be engaged upon terms and conditions to be determined by the Board, on the recommendation of the Executive Secretary.

(3) There may be transfered or seconded to the Board such public officers as may be requested by the Board and approved by the Secretary.

Section 10—Funds of Board.

The funds of the Board shall include—

(a) grants received from the Government;

(b) donations or gifts;

(c) fees charged by the Board in the performance of its functions.

Section 11—Accounts and Audit.

(1) The Board shall keep proper books of accounts and proper records in relation to them and the account books and records of the Board shall be in the form approved by the Auditor-General.

Section 12—Financial Year of Board.

The financial year of the Board shall be the same as the financial year of the Government.

Section 13—Board to grant Certificates.

The Board shall issue a certificate in respect of any accreditation granted by it to any person, institution or body.

Section 14—Annual Reports.

The Board shall submit an annual report of its activities to the authority for the time being responsible for higher education and the Secretary.

Section 15—Power to obtain Information.

(1) The Board may, for the proper and efficient performance of its functions, authorise the Executive Secretary, an employee of the Board or any other person to request information from any institution and the institution shall comply with the request.

(2) The Executive Secretary, employee or other person may for the purpose of obtaining the requested information have access to all relevant records, books or facilities of the institution requested to provide the information.

Section 16—Regulations

The Secretary may, on the recommendation of the Board by legislative instrument make regulations for—

(a) the types of accreditation to be granted to institutions;

(b) the procedure for the conduct of accreditation exercises;

(c) the fees to be charged for services rendered by or on behalf of the Board; and

(d) giving full effect to the provisions of this Law.

Section 17—Offence.

Any person who—

(a) refuses to comply with a request for information made by or on behalf of the Board;

(b) denies access to relevant records, books or facilities to any person authorised by the Board to obtain the information, or obstructs that person in the performance of his duties; or

(c) gives information which he knows is false or has no reason to believe to be true,

commits an offence and is liable on conviction to a fine not exceeding ¢500,000.00 or to imprisonment for a term not exceeding one year or to both.

Section 18—Interpretation.

In this Law unless the context otherwise requires—

"accreditation" means the status accorded a tertiary institution or programme as satisfying acceptable defined standards set by the Board;

"Council" means the Provisional National Defence Council;

"institution" means tertiary institution;

"RECAAST" means Regional Colleges of Applied Arts, Science and Technology;

"Secretary" means the Provisional National Defence Council Secretary responsible for Education.

Made this 5th day of January, 1993

JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 26th February, 1993.