ACTS OF GHANA

POLYTECHNIC LAW, 1992 (PNDCL 321)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of Polytechnics.

2. Aims and objectives of Polytechnic

3. Functions and powers of a Polytechnic

4. The Polytechnic Council and its functions

5. Composition of the Council

6. Terms and conditions of members

7. Meetings of a Polytechnic Council

8. Chancellor

9. The Principal and his functions

10. Vice-Principal

11. Academic Board

12. Responsibility of the Board

13. Board committees

14. Regulations by the Board

15. Polytechnic Secretary

16. No discrimination of staff and students

17. Convocation

18. Congregation

19. Students Representative Council

20. Funds

21. Polytechnic Council to keep proper books of account

22. Audit

23. Acquisition of land

24. Annual Report

25. Statutes

26. Procedure for enacting statutes

27. Dissolution of existing polytechnics

28. Transfer of assets and liabilities

29. Interpretation

30. Commencement

SCHEDULE

Schedule

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

Section 1—Establishment of Polytechnics.

(1) The institutions specified in the Schedule to this Law are hereby established as Polytechnics in Ghana.

(2) The Secretary may by legislative instrument amend the Schedule to this Law.

Section 2—Aims and Objectives of Polytechnics.

The aims and objectives of a polytechnic are to—

(a) provide tertiary education through full time courses in the field of manufacturing, commerce, science, technology, applied social science, applied arts and such other areas as may be determined by the authority for the time being responsible for higher education;

(b) encourage study in technical subjects at tertiary level; and

(c) provide opportunity for development, research and publication of research findings.

Section 3—Functions and Powers of a Polytechnic.

For the purposes of achieving its aims and objectives, a polytechnic shall have power to—

(a) [Repealed by National board for Profesional and Technicain Examinations Act, 1994 (ACT 492) s. 26 (a)]

(b) award degrees subject to such conditions as the authority responsible for higher education shall direct;

(c) make provision for the general welfare, recreational and social needs of staff and students; and

(d) do any other acts which are incidental to the performance of its functions.

Section 4—The Polytechnic Council and its Functions.

(1) Each polytechnic shall have a governing body known as the Polytechnic Council.

(2) Subject to subsection (3) of this section, a Polytechnic Council is responsible for—

(a) the determination of the educational character and mission of the polytechnic;

(b) overseeing the activities of the polytechnic;

(c) safeguarding the assets of the polytechnic for the effective and efficient use of its resources;

(d) considering and approving annual estimates of income and expenditure of the polytechnic;

(e) the appointment, suspension or dismissal of the Vice-Principal, the Polytechnic Secretary and the appointment, suspension or dismissal of such other senior office holders as the Polytechnic Council may determine;

(f) the determination of the pay and conditions of service of the Vice-Principal, the Polytechnic Secretary and such other senior office holders as the Polytechnic Council may determine with prior approval of the Secretary for Finance;

(g) the establishment of such committees as may be necessary for the efficient despatch of its business; and

(h) such things as are incidental to the achievement of the aims and objectives of the polytechnic.

(3) For not less than five years and until such time as the Secretary for Education may determine, the powers provided under paragraphs (c), (d) and (e) shall be exercised by the Polytechnic Council in consultation with the Secretary.[As deleted by National board for Profesional and Technicain Examinations Act, 1994 (ACT 492) s. 26 (b)]

Section 5—Composition of the Council.

(1) A Polytechnic Council shall consist of the following persons appointed by the Council -

(a) a Chairman;

(b) the Principal of the polytechnic;

(c) two persons one of whom shall be a woman;

(d) two representatives of the Convocation;

(e) one representative of the TEWU;

(f) two representatives from the SRC;

(g) three representatives of the Professional Bodies Association that relate to the educational character and mission of the polytechnic;

(h) one representative of the Alumni Association;

(2) A Polytechnic Secretary shall be the secretary to the Polytechnic Council.

(3) The following persons shall be in attendance at meetings of a Polytechnic Council -

(a) the Vice-Principal;

(b) a representative of the Ministry of Education; and

(c) the financial controller.

Section 6—Terms and Conditions of Members.

(1) Subject to the other provisions of this Law, the term of office of a person who is appointed a member of a Polytechnic Council is two years.

(2) If a member of a Polytechnic Council is absent from Ghana for a continuous period of twelve months his office shall become vacant at the end of that period.

(3) Where the office of a member becomes vacant on his death or resignation, or by virtue of subsection (2) of this section, a successor shall be appointed in the same manner to serve the remainder of the term of office.

(4) Where a member is temporarily absent from Ghana a substitute may be appointed to act for him during his absence.

(5) An appointment may be made in anticipation of the vacation of office or temporary absence of a member.

(6) A member whose office has or will become vacant may be eligible for re-appointment.

(7) The validity of any proceedings of a Polytechnic Council shall not be affected by any vacancy in its membership or by any defect in the appointment of its members.

(8) A member of a Polytechnic Council shall not be entitled to remuneration for his membership of the Polytechnic Council but a member shall be entitled to such allowances as the Polytechnic Council may determine.

Section  7—Meetings of a Polytechnic Council.

(1) A Polytechnic Council shall meet at such times as the Chairman may determine for the despatch of business but shall meet at least three times each academic year.

(2) The Chairman shall preside at each meeting of a Polytechnic Council but in his absence a member of the Polytechnic Council elected by the other members present may preside.

(3) A meeting shall be convened if six members of a Polytechnic Council sign a requisition to that effect.

(4) The quorum at a meeting of a Polytechnic Council shall be not less than half of the membership of the Council.

(5) Decisions by a Polytechnic Council shall be decided by consensus failing which a simple majority of votes cast shall decide the issue.

(6) The Chairman of a Polytechnic Council shall have an original and casting vote.

(7) A Polytechnic Council may co-opt a person to attend a Polytechnic Council meeting but the person shall not vote on a matter for decision by the Polytechnic Council.

Section 8—Chancellor.

There shall be a Chancellor of a polytechnic who shall be appointed by the Council.

Section 9—The Principal and His Functions.

(1) There shall be a Principal who shall be appointed by the Council on the advice of the Polytechnic Council on such terms and conditions as the Council may determine.

(2) The Principal shall be responsible for—

(a) implementing the decisions of the Polytechnic Council;

(b) the appointment, assignment, discipline, suspension, dismissal and the remuneration and conditions of service of staff other than persons to be appointed by the Polytechnic Council;

(c) the preparation of the annual estimates of income and expenditure for consideration by the Polytechnic Council;

(d) the management of the budget and resources of the polytechnic within the estimates approved by the Polytechnic Council; and

(e) providing the Polytechnic Council with the returns and reports which it may require.

Section 10—Vice-Principal.

A Polytechnic Council shall appoint  a Vice-Principal of the polytechnic to perform the functions specified in the statutes.

Section 11—Academic Board.

(1) Each Polytechnic shall have an Academic Board, in this Law referred to as, "the Board".

(2) The Board shall consist of the Principal, Vice-Principal, heads of Academic Divisions, heads of the Academic Departments and any other persons specified in polytechnic statutes.

Section 12—Responsibility of the Board.

The Board is responsible for—

(a) determining criteria for the admission of students;

(b) issues relating to scholarships at the polytechnic;

(c) the content of curricula;

(d) academic standards, validation and review of courses;

(e) the policy and procedure to assess and examine students;

(f) the appointment and removal of internal and external examiners;

(g) the procedure for the award of qualifications and honorary academic titles;

(h) the procedure for expelling students on academic grounds;

(i) the development of the academic activities of the polytechnic;

(j) consideration of the resources required to support the academic activities of the polytechnic;

(k) the establishment of links with industry and business to ensure the entrepreneurial development of students;

(l) advising the Polytechnic Council and the Principal in general; and

(m) performing the functions that may be conferred on it by the polytechnic statutes.

Section 13—Board Committees.

(1) The Board may establish committees to perform such of its functions as it may determine but each committee shall be approved by the Polytechnic Council.

(2) The number of members of a committee and the terms upon which committee members are to hold office shall be determined by the Board.

Section  14—Regulations by the Board.

The Board may make regulations relating to its responsibilities and any other matter that falls within its power.

Section 15—Polytechnic Secretary.

(1) There shall be a Polytechnic Secretary who shall be appointed in a manner provided for in the statutes.

(2) The Polytechnic Secretary shall be responsible to the Principal for the general administration of the polytechnic and the secretarial services for bodies and committees prescribed by statutes.

Section 16—No Discrimination of Staff and Students.

No person shall discriminate against a suitably qualified person on account of religion, political opinion, ethnic origin or gender to determine whether that person is to -

(a) be appointed as an academic staff or other staff member;

(b) be registered as a student of the polytechnic;

(c) be permitted to graduate from the polytechnic; or

(d) have any advantage or privilege.

Section 17—Convocation.

There shall be a Convocation of a polytechnic with membership, powers and functions prescribed by statute.

Section 18—Congregation.

(1) A polytechnic shall hold a congregation from time to time as determined by Polytechnic Council for the purpose of conferring degrees and awarding diplomas and certificates.

(2) The congregation shall consist of the Polytechnic Council, the Board, members of Convocation, graduates of the polytechnic and other persons prescribed by statutes.

Section 19—Students Representative Council.

There shall be a Students Representative Council whose constitution and functions shall be prescribed by statutes.

Section 20—Funds.

(1) The funds of a polytechnic shall consist of subventions from the Government, tuition and boarding fees, gifts, endowments, grants, investments and monies from other sources approved by the Polytechnic Council.

(2) A Polytechnic Council shall control the finances of the polytechnic and shall have power to determine questions of finance arising out of the administration of the polytechnic, except that before determining questions of finance which directly affect the educational policy of the polytechnic, the Polytechnic Council shall invite the opinion of the Board and shall take into consideration any recommendation or report by it.

(3) A Polytechnic Council is responsible for the conservation and augmentation of the resources of a polytechnic and may specify matters on income or expenditure for which the consent of the Polytechnic Council is required before action is taken or liability is incurred.

(4) A Polytechnic Council shall determine the allocation of funds at the disposal of the polytechnic.

Section 21—Polytechnic Council to Keep Proper Books of Account.

(1) A Polytechnic Council shall keep proper books of account and proper records which shall be in a form approved by the Auditor-General.

(2) The financial year of a polytechnic shall be the same as the financial year of the Government.

Section 22—Audit.

(1) The books and accounts of a polytechnic shall be audited each year by the Auditor-General or an auditor appointed by him.

(2) A Polytechnic Council shall pay such audit fees as the Auditor-General and the Polytechnic Council may determine.

(3) A Polytechnic Council shall forward a copy of the audit report to the Government through the Ministry of Education as soon as possible after receiving it from the Auditor-General.

(4) The Secretary shall cause a copy of the audit report to be presented to the Council as soon as possible after receiving it.

Section 23—Acquisition of Land.

Where a Polytechnic Council has resolved and the Government has agreed that the acquisition of land or a right over land is necessary for a polytechnic, the land may be acquired under the State Lands Act, 1962 (Act 125).

Section 24—Annual Report.

A Polytechnic Council shall cause an annual report of the activities of the polytechnic to be prepared within six months after the end of each academic year and the annual report shall be made available to the public.

Section  25—Statutes.

A Polytechnic Council may by statutes—

(a) regulate the appointment, conditions of service, termination and retirement benefit of the staff of the polytechnic;

(b) determine the persons who form the academic staff for the purpose of this Law;

(c) determine the persons who are authorised to sign documents including cheques and contracts on behalf of the polytechnic or transact business for the polytechnic;

(d) fix the academic year of the polytechnic;

(e) ensure that the seal of the polytechnic is kept in proper custody and used only on the authority of the Polytechnic Council; and

(f) provide for any matter which is required by this Law to be prescribed by statutes.

Section 26—Procedure for Enacting Statutes.

The procedure to enact a statute of a polytechnic is as follows—

(a) the draft of the statute shall be circulated to Polytechnic Council members at least 14 days before the meeting at which it is to be considered;

(b) the draft of the statute may then be provisionally approved by the meeting if no amendments have been made;

(c) if the draft has been amended, written notice of the amendment shall be circulated to Polytechnic Council members at least three days before the meeting at which it is to be considered;

(d) the statute which has been provisionally approved shall be circulated to Polytechnic Council members at least seven days before the meeting at which it is proposed to confirm it, but if it is the opinion of the Polytechnic Council that the proposed statute affects academic matters, the provisionally approved statute shall also be circulated to members of the Board at least seven days before the meeting;

(e) the statute may be confirmed without amendment at a Polytechnic Council meeting held not less than six months after the meeting which provisionally approved it.

Section 27—Disolution of Existing Polytechnics.

The following polytechnics shall cease to exist in their present form immediately after the commencement of this Law—

(a) Accra Polytechnic;

(b) Takoradi Polytechnic;

(c) Kumasi Polytechnic;

(d) Ho Polytechnic;

(e) Tamale Polytechnic and;

(f) Cape Coast Polytechnic.

Section 28—Transfer of Assets and Liabilities.

There shall be transferred to a polytechnic such assets, properties and liabilities of the polytechnics in existence immediately before the commencement of this Law as the Secretary may determine.

Section 29—Interpretation.

In this Law unless the context otherwise requires—

"Council" means the Provisional National  Defence Council

"National Accreditation Board" means the National Accreditation Board established under the National Accreditation Board Law, 1992 (PNDCL 317);

"Polytechnic Council" means the Polytechnic Council established under this Law;

"research findings" includes results, reports, these or other matters in connection with or arising out of research;

"Secretary" means Secretary responsible for Education;

"S.R.C." means Students Representative Council;

"Statutes" means statutes of the polytechnic;

"T.E.W.U." means Teachers and Educational Workers Union;

Section 30—Commencement.

This Law shall come into force on a day appointed by the Secretary by notice in the Gazette.

SCHEDULE

(Section 1)

Accra Polytechnic

Takoradi Polytechnic

Kumasi Polytechnic

Ho Polytechnic

Tamale Polytechnic

Cape Coast Polytechnic

Made this 5th day of January, 1993.

FLT. -LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 5th March, 1993.