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NATIONAL COUNCIL FOR TERTIARY
EDUCATION ACT, 1993 (ACT 454)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of National
Council for Tertiary Education.
2. Functions of the Council.
3. Composition of the Council.
4. Allowances of Chairman and
Other Members of Council.
5. Qualifications of members of
Council.
6. Tenure of Office of Members of
Council.
7. Filling of Vacancies.
8. Meetings.
9. Council to Appoint Committees.
10. Staff of Council.
11. Executive Secretary.
12. Expenses and Funding of
Council.
13. Accounts.
14. Submission of Audited Accounts
of Institutions to the Council.
15. Annual Report.
16. Responsibility for Council.
17. Regulations.
18. Interpretation.
THE FOUR HUNDRED AND FIFTY-FOURTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE NATIONAL COUNCIL FOR TERTIARY
EDUCATION ACT, 1993
AN ACT To establish a National
Council for Tertiary Education to
oversee the proper administration
of institutions designated as
institutions of tertiary education
in Ghana; to provide for the
composition of the Council and
provide for related matters.
DATE OF ASSENT: 6TH JULY, 1993
BE IT ENACTED BY PARLIAMENT as
follows—
Section 1—Establishment of
National Council for Tertiary
Education.
There is established by this Act a
body to be known as the National
Council for Tertiary Education in
this Act referred to as "the
Council".
Section 2—Functions of the
Council.
(1) The functions of the Council
are—
(a) to advise the Minister on the
development of institutions of
tertiary education in Ghana;
(b) to enquire into the financial
needs of the institutions of
tertiary education and advise the
Minister accordingly;
(c) to recommend to the Minister
for the purposes of the
preparation of the annual national
education budget—
(i)
block allocations of funds towards
running costs; and
(ii) grants towards capital
expenditure of each institution of
tertiary education, indicating how
the allocations are to be
disbursed;
(d) to recommend national
standards and norms, including
standards and norms on staff,
costs, accommodation and time
utilization, for the approval of
the Minister and to monitor the
implementation of any approved
national standards and norms by
the institutions;
(e) to advise governing councils
of institutions of tertiary
education on suitable measures for
generating additional funds for
their institutions;
(f) to advise the institutions of
tertiary education on the
applications for and acceptance of
external assistance in accordance
with government policy;
(g) to advise the Minister
generally on rates of remuneration
and other conditions of service of
staff of the institutions;
(h) to publish information on
tertiary education in Ghana;
(i)
to perform any other functions
provided in this Act; and such
other functions relating to
tertiary education as are
incidental to the functions
specified in this Act.
(2) The Council shall, in advising
the Minister under this Act, take
into account the total national
resources, needs and development
programmes, especially those of
the entire education sector.
Section 3—Composition of the
Council.
(1) The Council shall consist of—
(a) a Chairman, who shall be a
person of wide academic and
administrative experience;
(b) one person with extensive
experience in university work;
(c) two heads of universities and
university colleges in Ghana
representing the universities and
university colleges on a
rotational basis;
(d) a principal of a Polytechnic
in Ghana representing the
polytechnics on a rotational
basis;
(e) a representative of the
Council for Scientific and
Industrial Research;
(f) Chairman, National Board of
Accreditation;
(g) Chairman, National Teacher
Training Council;
(h) one representative of the
Association of Ghana Industries;
(i)
one person with considerable
experience of schools
administration in Ghana;
(j) a representative of the
National Development Planning
Commission;
(k) a representative of the
Minister for Finance;
(l) a representative of the
Minister for Education;
(m) a representative of the Ghana
Academy of Arts and Sciences;
(n) a representative of the
Minister for Employment and Social
Welfare; and
(o) four other persons at least
two of whom shall be women.
(2) The Chairman and members of
the Council shall be appointed by
the President acting in
consultation with the Council of
State.
(3) The Chairman shall hold office
for four years and is eligible for
re-appointment.
Section 4—Allowances of Chairman
and Other Members of Council.
The salaries and allowances
payable and the facilities and
privileges available to the
Chairman and the other members of
the Council shall be determined by
the President in accordance with
article 71 (1) (d) of the
Constitution.
Section 5—Qualifications of
members of Council.
(1) No person is qualified to be a
member of the Council who—
(a) has been adjudged or otherwise
declared—
(i)
bankrupt under any law in force in
Ghana and has not been discharged,
or
(ii) to be of unsound mind or is
detained as a criminal lunatic
under any law in force in Ghana;
or
(b) has been convicted—
(i)
for high crime under the
Constitution or for treason or for
an offence involving the security
of the State, fraud, dishonesty or
moral turpitude; or
(ii) for any other offence
punishable by death or by a
sentence of not less than ten
years; or
(c) has been found by the report
of a commission or a committee of
inquiry to be incompetent to hold
public office or is a person in
respect of whom a commission or
committee of inquiry has found
that while being a public officer
he acquired assets unlawfully or
defrauded the State or misused or
abused his office, or wilfully
acted in a manner prejudicial to
the interest of the State, and the
findings have not been set aside
on appeal or judicial review; or
(d) is under sentence of death or
other sentence of imprisonment
imposed on him by a court; or
(e) is otherwise disqualified by a
law for the time being in force.
(2) Members of the Council shall
be persons of high moral character
and integrity and the President
shall in appointing a member have
regard to the expertise and
experience of the person and his
ability to contribute to the work
of the Council.
(3) Without prejudice to
subsections (1) and (2) of this
section a member of the Council
shall cease to be a member if, in
the case of a person possessed of
professional qualification he is
disqualified from practising his
profession in Ghana by an order of
any competent authority made in
respect of him personally or he
ceases to be a member otherwise
than at his own request.
Section 6—Tenure of Office of
Members of Council.
(1) A member of the Council other
than the Chairman or an ex-officio
member, shall serve for a term of
three years, but is eligible for
re-appointment.
(2) No member of the Council other
than an ex-officio member shall
serve for more than two terms in
succession.
(3) A member of the Council other
than one appointed as an
ex-officio member may at any time
by notice in writing to the
President resign his office.
(4) A member who is absent from
four consecutive meetings of the
Council without sufficient reason
shall cease to be a member.
(5) No member shall hold office
under more than one provision
under section 3 (1) of this Act
and where at any time a member
becomes the holder of two offices
on the Council, he shall notify
one of the institutions for which
he represents for another person
to be nominated for appointment in
his stead.
Section 7—Filling of Vacancies.
(1) Where the Chairman of the
Council dies, resigns, is removed
from office or is absent from
Ghana for a continuous period
exceeding three months or is by
reason of illness unable to
perform the functions of his
office, the members of the Council
shall elect one of their members
to act as Chairman until such time
as the Chairman is able to perform
the functions of his office or
until a new Chairman is appointed.
(2) Where a person is elected as
Chairman or appointed as a member
to fill a vacancy he shall hold
office for the remainder of the
term of the previous Chairman or
member and shall, subject to the
provisions of this Act, be
eligible for re-appointment,
re-election or re-nomination.
Section 8—Meetings.
(1) The Council shall meet for the
despatch of business at such times
and places as the Chairman may
decide but shall meet at least
once every three months.
(2) The Chairman shall, at the
request in writing of not less
than six members of the Council,
call an extraordinary meeting of
the Council at such time and place
as he may determine.
(3) The Chairman shall preside at
every meeting of the Council and
in his absence the members present
shall elect one of their number to
preside.
(4) The quorum at a meeting of the
Council shall be eight.
(5) All questions proposed at a
meeting of the Council shall be
decided by a majority of the votes
of the members present and voting
and where the votes are equal the
Chairman or the person presiding
shall have a casting vote.
(6) The Council may at any time
co-opt any person to act as an
adviser at its meeting but the
person shall not be entitled to
vote on any matter for decision by
the Council.
(7) No act or proceeding of the
Council shall be invalidated by a
vacancy among its members or a
defect in the appointment of a
member.
(8) Subject to this section, the
Council shall regulate the
procedure for its meetings.
Section 9—Council to Appoint
Committees.
(1) The Council may appoint
committees consisting of members
or non-members or both to exercise
or advise the Council on any of
its functions under this Act
except that a committee consisting
entirely of non-members may only
advise the Council.
(2) The members of a committee
appointed under subsection (1) may
be paid such allowances as may be
determined by the Minister in
consultation with the Minister
responsible for Finance.
(3) No head of an institution to
which this Act applies shall be a
member of a committee which is
appointed to consider and make
recommendations on the allocations
for recurrent or capital grant to
any institution of tertiary
education.
Section 10—Staff of Council.
(1) There shall be appointed by
the President acting in accordance
with the advice of the Council
given in consultation with the
Public Services Commission such
officers as the Council may
require for the effective
discharge of its functions under
this Act.
(2) The President may, subject to
such conditions as he may think
fit, delegate his function under
subsection (1) by directions in
writing to the Council or to a
member of the Council or to any
public officer.
(3) Other public officers may be
transferred to the Council or
otherwise give assistance to the
Council.
Section 11—Executive Secretary.
(1) The President, acting in
accordance with the advice of the
Council given in consultation
with the Public Services
Commission, shall appoint an
officer to be designated as the
Executive Secretary to the
Council.
(2) The President may, subject to
such conditions as he may think
fit, delegate his function under
subsection (1) by direction in
writing to the Council or to a
member of the Council or to any
public officer.
(3) The Executive Secretary shall
be the head of the Secretariat of
the Council and shall, under the
general supervision and direction
of the Council, be responsible for
the day-to-day management and
administration of the affairs of
the Council.
(4) The Executive Secretary shall—
(a) be the Secretary to the
Council and shall attend all
meetings of the Council; and
(b) in consultation with the
Chairman arrange the business and
cause to be recorded and kept
minutes of all meetings of the
Council.
Section 12—Expenses and Funding of
Council.
Parliament shall provide the
Council with such funds as it may
require for the implementation of
its functions; the Council may
also receive monies from any other
source approved by the Minister
responsible for Finance.
Section 13—Accounts.
(1) The Council shall keep proper
books of accounts and proper
records in relation to the
accounts and shall prepare at the
end of each financial year within
a period of three months after the
end of the financial year, a
statement of its accounts in such
form as the Auditor-General may
direct.
(2) The books and accounts of the
Council shall each year be audited
by the Auditor-General or an
auditor approved by him and a
report on the audit shall be
submitted to the Council.
Section 14—Submission of Audited
Accounts of Institutions to the
Council.
(1) Every institution to which
this Act applies shall within two
months of the receipt of its
audited accounts submit a copy of
the report with its comments on it
to the Council.
(2) The Council shall within two
months after receipt of an audited
account under subsection (1) of
this section submit the report
with its comments on it to the
Minister.
Section 15—Annual Report.
(1) The Minister shall submit to
Parliament within six months after
the end of each financial year a
report on the activities and
operations of the Council during
the preceding year.
(2) The annual report of the
Council shall include—
(a) a copy of the audited accounts
of the Council together with the
Auditor-General's report on it;
and
(b) such other information as
Parliament may request.
(3) A copy of the annual report
shall be submitted to the
President and the Minister for
Information.
Section 16—Responsibility for
Council.
The Minister for Education shall
have ministerial responsibility
for the Council.
Section 17—Regulations.
The Minister may on the advice of
the Council by legislative
instrument, make regulations for
the proper implementation of the
provisions of this Act.
Section 18—Interpretation.
In this Act unless the context
otherwise requires—
"institution" means an institution
of tertiary education;
"institution of tertiary
education" means—
(a) university or university
college;
(b) polytechnic;
(c) other diploma awarding
institutions; and
(d) post secondary school
institutions;
"Minister" means the Minister
responsible for Education.
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