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REGIONAL MARITIME ACADEMY LAW,
1982 (PNDCL 33)
ARRANGEMENT OF SECTIONS
Section
PART I—THE ACADEMY
1. Regional Maritime Academy.
2. Divisions of Academy.
3. Object of the Academy.
PART II—BOARD OF GOVERNORS OF THE
ACADEMY
4. Board of Governors.
5. Composition of Board.
6. Chairman of the Board.
7. Functions of the Board.
8. Terms of Office.
9. Meetings of the Board.
PART III—OFFICERS AND STAFF OF THE
ACADEMY
10. Principal Officers of the
Academy.
11. The Principal.
12. Vice-Principal.
13. Dean of Studies.
14. Secretary.
15. Academic and Administrative
Staff.
16. Staff.
17. Remuneration and Conditions of
Service.
PART IV—FINANCIAL PROVISIONS
18. Funds.
19. Budget.
20. Financial Statement.
21. Financial Year.
PART V—SUPPLEMENTARY AND
MISCELLANEOUS PROVISIONS
22. Bye-laws.
23. Exemptions.
24. Definition.
25. Repeal and Revocation, etc.
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation, 1981
this Law is hereby made:
PART I—THE ACADEMY
Section 1—Regional Maritime
Academy.
(1) There shall, subject to the
provisions of this Law, continue
in existence the body known as the
"Regional Maritime Academy, Accra,
Ghana" (in this Law referred to as
the "Academy")
(2) The Academy shall be a body
corporate and shall have perpetual
succession and a common seal and
may sue and be sued in its own
name.
(3) The Academy shall, in the
exercise of its functions, have
academic, financial and
administrative autonomy.
(4) The Academy shall have power
to acquire, hold, and dispose of
any movable or immovable property
and may enter into such contracts
and transactions as may be
expedient for such purposes.
Section 2—Divisions of Academy.
For the effective operation of the
Academy, the Board of Governors
may from time to time create units
or divisions within the Academy.
Section 3—Object of the Academy.
The object of the Academy is to
provide for studies, training and
research in maritime subjects for
citizens of member states and
other persons as may be approved
by the Board.
PART II—BOARD OF GOVERNORS OF THE
ACADEMY
Section 4—Board of Governors.
There shall be established a Board
of Governors, referred to in this
Law as "the Board".
Section 5—Composition of Board.
(1) The Board shall consist of—
(a) a Minister responsible for
maritime affairs from each member
state or his duly accredited
representative; and
(b) (i) a representative of
the Permanent Secretariat of the
Ministerial
Conference of West and
Central African States on Maritime
Transport,
(ii) the Principal of the
Academy; and
(iii) a student actually studying
in the Academy elected by the
students as their representative.
(2) Only members of the Board
appointed under paragraph (a) of
subsection (1) shall have the
right to vote.
Section 6—Chairman of the Board.
(1) A member of the Board
appointed under paragraph (a) of
subsection (1) of section 5 shall
be appointed by the other
similarly appointed members to be
Chairman of the Board for a period
not exceeding one year.
(2) Members of the Board shall
gain appointment to the post of
Chairman of the Board by rotation
in the order in which the names of
their representative States are
arranged alphabetically.
Section 7—Functions of the Board.
(1) The Board which shall be the
governing body of the Academy,
shall be autonomous and accorded
full international status.
(2) Without derogation from its
functions under subsection (1) the
Board shall have power—
(a) to determine and supervise
the finances of the Academy;
(b) to prepare overall plans and
programmes for the furtherance of
the objects of the Academy;
(c) to prescribe the terms and
conditions on which any person
selected for any course of study
and training organised by the
Academy shall be admitted; and
(d) to institute awards and
scholarships in furtherance of the
objects of the Academy.
Section 8—Terms of Office.
A
member of the Board shall hold
office—
(a) if he is a Minister
responsible for maritime affairs
in a member State, until he ceases
to be such Minister; and
(b) if he is a representative
duly accredited by his Government,
until the period specified in his
letter of accreditation expires.
Section 9—Meetings of the Board.
(1) The Board shall ordinarily
meet for the despatch of its
business at such times and places
as the Chairman of the Board may
appoint.
(2) The Board shall meet not less
than twice a year, and at least
one of the meetings shall be held
at the Academy.
(3) The Chairman of the Board may
at any time and shall, on the
request in writing of the
Principal or not less than
two-thirds of the members of the
Board call a special meeting of
the Board.
(4) The Chairman shall, if
present, preside at the meetings
of the Board, and in his absence,
any member appointed by the
members shall preside.
(5) Questions before the Board at
any meeting shall be decided by a
majority of the members present
and voting, but where the votes
are equal, the Chairman or the
person presiding shall have a
second or casting vote.
(6) Any three of the members
entitled to vote or empowered to
do so shall form a quorum.
(7) The proceedings of the Board
shall not be invalidated by reason
of any vacancy among, or any
defect in the appointment or
nomination of any of the members
thereof.
PART III—OFFICERS AND STAFF OF THE
ACADEMY
Section 10—Principal Officers of
the Academy.
(1) The principal officers of the
Academy shall be:—
(a) the Principal,
(b) the Vice-Principal,
(c) the Dean of Studies,
(d) the Secretary, and
(e) any other officer of the
Academy that the Board may
determine.
(2) The principal officers shall
be appointed by the Board.
Section 11—The Principal.
(1) The Principal who shall be
responsible to the Board shall be
the Chief academic and
administrative officer of the
Academy and he shall—
(a) exercise general authority
over the staff of the Academy,
(b) be responsible for the
discipline in the Academy,
(c) be responsible for
co-ordination and the
implementation of the programmes
of the Academy, and
(d) be responsible for the
administration of the finance of
the Academy.
(2) Without prejudice to the
provisions of subsection (1) the
Chairman of the Board or the Board
may delegate any of their powers
to the Principal.
Section 12—Vice-Principal.
(1) The Vice-Principal of the
Academy shall assist the Principal
in the discharge of his functions
under this Law and shall perform
such duties as the Principal may
from to time assign to him.
(2) In the absence of the
Principal or where he is otherwise
incapacitated from carrying out
his functions, the Vice-Principal
shall act in his place until such
time that the Principal is again
able to perform his functions or a
new Principal is appointed as the
case may be.
Section 13—Dean of Studies.
There shall be a Dean of Studies
who shall be responsible for all
academic matters of the Academy
subject to the general control of
the Principal.
Section 14—Secretary.
(1) There shall be an officer to
be designated as Secretary to the
Academy.
(2) The Secretary shall act as
Secretary to the Board and shall,
subject to the directions of the
Board, arrange the business for,
and cause to be recorded and kept,
minutes of all meetings of the
Board.
(3) The Secretary shall perform
such other functions as the
Principal may from time to time
assign to him.
Section 15—Academic and
Administrative Staff.
(1) The Board, acting on proposals
submitted to it by the Principal,
shall appoint all members of the
academic and administrative staff
other than the principal officers
of the Academy.
Section 16—Staff.
(1) The Principal of the Academy
acting on behalf of the Board may
employ such other persons as may
be required for the efficient
discharge of the functions of the
Academy.
(2) The Principal's powers of
employment under subsection (1)
shall be exercised in accordance
with such procedures as the Board
may prescribe.
Section 17—Remuneration and
Conditions of Service.
(1) The rates of remuneration and
other conditions of service of
members of staff and of all
employees of the Academy shall be
determined by the Board.
(2) The Board may make bye-laws to
provide for the contribution by
the Academy to any superannuation
or other similar fund instituted
for the benefit of the staff and
employees of the Academy.
PART IV—FINANCIAL PROVISIONS
Section 18—Funds.
(1) The funds of the Academy
shall include:—
(a) the contributions of the
Academy by member states;
(b) any donation, legacy or
subsidy granted to the Academy
from any source;
(c) any fees accruing to the
Academy in the course of the
exercise of its functions
including—
(i)
fees paid by course participants
at the Academy;
(ii) fees, charges and dues in
respect of services rendered by or
through the Academy;
(d) any interests and income
derived from properties of the
Academy;
(e) any loans which may be granted
to the Academy for the achievement
of a specified purpose; and
(f) any other contributions or
gifts received by the Academy.
(2) All moneys received by or on
behalf of the Academy shall be
paid by the Principal into
accounts kept in the name of the
Academy at a Bank to be specified
by the Board.
Section 19—Budget.
(1) The Principal shall in each
year cause to be prepared, not
later than such date as the Board
may determine, a budget showing
the estimated revenue and
expenditure of the Academy for the
coming financial year, and submit
it to the Board for approval.
(2) The budget of the Academy
shall be borne by the Member
States who shall pay their
contributions directly to the
Academy in accordance with the
modalities of allocation fixed by
the Board.
(3) The Board may seek external
financial aid for the Academy.
Section 20—Financial Statement.
(1) The Board shall cause to be
prepared not later than the 30th
day of June in each year—
(a) a statement of income and
expenditure of the Academy for the
last preceding financial year; and
(b) a statement of the assets and
liabilities of the Academy as they
stood at the end of the immediate
preceding financial year.
(2) The said statement, duly
certified by the Principal, shall
be submitted for audit to an
auditor appointed by the Board not
later than six months after the
end of the last preceding
financial year.
Section 21—Financial Year.
For the purpose of this part
"Financial Year" means the period
declared as such for accounting
purposes by the Board from time to
time.
PART V—SUPPLEMENTARY AND
MISCELLANEOUS PROVISIONS
Section 22—Bye-laws.
The Board may make bye-laws not
inconsistent with this Law or the
terms of the Convention in
relation to any matter within the
functions of the Academy and in
particular—
(a) declaring the States entitled
to membership and the rights,
privileges and duties appertaining
to them;
(b) prescribing the contributions,
whether by way or fee or
otherwise, to be paid by member
states or any class of students of
the Academy;
(c) prescribing the nature,
content and conditions of
certificates and diplomas;
(d) providing for the discipline
and good order of the Academy and
penalties for the breach thereof.
Section 23—Exemptions.
The Academy shall be exempted from
any tax, duties or rates imposed
by or under the Income Tax Decree,
1975 (S.M.C.D. 5), the Local
Government Act, 1972 (Act 359) and
the Customs and Excise Decree,
1972 (N.R.C.D. 114) or any
existing enactment.
Section 24—Definition.
In this Law, unless the context
otherwise requires—
"Convention" means the Convention
on the Regionalisation of the
Nungua/Accra and the Abidjan
Nautical Training Institutes
adopted by the Third Ministerial
Conference of West and Central
African States on Maritime
Transport, held in Accra, Ghana,
from the 23rd to the 26th day of
February, 1971;
"Member State" means a state which
is a signatory to the Convention
or has acceded to it and is
represented on the Board by a
Minister responsible for maritime
affairs or a representative duly
accredited by his Government;
"Minister" in relation to Ghana
includes Secretary.
Section 25—Repeal and Revocation,
Etc.
(1) The Regional Maritime Academy
Decree, 1979 (A.F.R.C.D. 70) is
hereby repealed.
(2) The Ghana Nautical College
Instrument, 1970 (L.I. 677) is
hereby revoked and the Ghana
Nautical College established by it
is hereby dissolved.
Made this 30th day of September,
1982.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council.
Date of Gazette Notification: 5th
November, 1982. |
