ACTS OF GHANA

UNIVERSITY FOR DEVELOPMENT STUDIES LAW, 1992 (PNDCL 279)

 ARRANGEMENT OF SECTIONS

Section

1. Establishment of University for Development Studies.

2. Aims of the University.

3. Functions of the University.

4. No discrimination of staff and students.

5. The Chancellor.

6. Chairman of the University Council.

7. The Vice-Chancellor.

8. Pro-Vice-Chancellor.

9. Composition of the University Council.

10. Functions of the Council.

11. The Academic Board of the University.

12. University Council Interim Advisory Committee.

13. Other committees and boards of the University.

14. Staff of the University.

15. The Registrar.

16. Internal organization of the University.

17. Statutes.

18. Procedure for enacting statutes.

19. Convocation.

20. Congregation.

21. Property and Contracts.

22. Fund and finances of the University.

23. Accounts and audits.

24. Annual Report.

25. Transitional provisions.

26. Regional Advisory Council.

27. Interpretation.

SCHEDULE

Schedule—Terms of members and meeting of university council

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

Section 1—Establishment of University for Development Studies.

(1)  There is hereby established a University to be known as the University for Development Studies, referred to in this Law as "the University".

(2) The University shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

Section 2—Aims of the University.

The aims of the University are—

(a)  to provide higher education to all persons suitably qualified and capable of benefiting from such education;

(b)  to undertake research and promote the advancement and dissemination of knowledge and its application to the needs and aspirations of the people of Ghana; and

(c) to blend the academic world with that of the community in order to provide constructive interaction between the two for the total development of northern Ghana in particular and the country as a whole.

Section 3—Functions of the University.

(1)  The University shall in pursuit of its aims under section 2 emphasise particularly studies in—

(a)  agricultural science;

(b)  medical and health sciences; and

(c)  integrated development studies.

(2) The University shall train students in methods of critical and independent thought and shall make the students aware of their responsibility to use their education for the general good of the Ghanaian society.

(3) The University shall undertake research and provide practical training in the subjects taught, particularly subjects which relate to agriculture, social sciences, economics, health, environment and culture and shall in the training use and rely on material available in the north of Ghana in particular and the country in general.

(4) The results of research and knowledge acquired through the teaching and work of the University shall be disseminated through extension services, publications and such other methods that are considered suitable by the University.

(5) The University shall develop and maintain close relationship with the various peoples of northern Ghana in particular and the rest of the people in Ghana in general in the promotion and pursuit of its aims.

(6) The University shall develop and maintain links with other academic institutions within Ghana and such institutions outside Ghana as are considered necessary for the furtherance of its aims.

(7) The University may enter into an agreement or relationship with another institution whether—

(a)  academic or non-academic, and

(b)  inside or outside Ghana

and may incorporate within the University another institution or body taking over the property, rights, privileges and liabilities of that other institution or body.

Section 4—No Discrimination of Staff and Students.

There shall be no discrimination 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 University;

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

(d) have any advantage or privilege.

Section 5—The Chancellor.

(1)  There shall be a Chancellor of the University who shall be the Head of State.

(2)  In the absence of the Head of State the person acting as the Head of State shall be the Chancellor.

(3) The Chancellor shall confer degrees awarded by the University and shall when present preside at the meetings and ceremonies of the University.

Section 6—Chairman of the University Council.

(1) There shall be a Chairman of the University Council established under this Law who shall be appointed by the Provisional National Defence Council.

(2) The Chairman shall hold office for a term of two years but shall be eligible for re- appointment.

Section 7—The Vice-Chancellor.

(1)  There shall be a Vice-Chancellor of the University who shall be appointed by the PNDC on the recommendation of the University Council.

(2)  The Vice-Chancellor shall hold office on such terms and conditions as may be specified in his instrument of appointment.

(3) The Vice-Chancellor shall under the direction of the Council be the academic and administrative head and the chief disciplinary officer of the University.

(4) The Vice-Chancellor shall be responsible to the University Council for maintaining and promoting the good order and efficiency of the University.

(5)  The Vice-Chancellor shall have such other functions as are prescribed by statutes.

Section 8—Pro-Vice-Chancellor.

(1)  There shall be a Pro-Vice-Chancellor of the University who shall be appointed by the University Council in accordance with the statutes of the University and who shall be a member of the academic staff.

(2) The Pro-Vice-Chancellor shall be assigned such duties as the University Council or the Vice-Chancellor shall determine.

(3)  In the absence of the Vice-Chancellor, the Pro-Vice-Chancellor shall perform the functions of the Vice-Chancellor.

Section 9—Composition of the University Council.

(1) There shall be a Council of the University which shall be the governing body of the University.

(2) The University Council in this Law referred to as "the Council" shall consist of the following members appointed by the PNDC—

(a)  the chairman;

(b)  the Vice-Chancellor;

(c)  two representatives of Convocation (one of professorial status and one of non-professorial status);

(d)  a representative of the Education Commission or a body of equivalent status;

(e)  a representative of University Teachers Association;

(f)   a representative of the Committee for the Defence of the Revolution (CDR);

(g)  a representative of the Alumni Association of the University;

(h)  a representative of the under-graduate students of the University;

(i)   a representative of the post-graduate students of the University;

(j)   a representative of Teachers and Education Workers Union of the University;

(k)  a representative of the Conference of the Heads of Assisted Secondary Schools; and

(l)   three other persons including at least one woman.

(3)  Members of the Council other than the Vice-Chancellor shall hold office for periods of two years but shall be eligible for re-appointment or re-election.

(4) Subject to the other provisions of this Law the Schedule to this Law shall apply to the members and meetings of the Council.

Section 10—Functions of the Council.

The University Council shall be responsible for the management and administration of the finances and properties of the University and shall have general control over the affairs and public relations of the University including the use of the common seal of the University.

Section 11—The Academic Board of the University.

(1)  There shall be an Academic Board of the University which shall, subject to the powers of the Council—

(a)  formulate and carry out the academic policy of the University

(b)  initiate and regulate courses of instruction and study;

(c)  authorise research work;

(d)  approve extension services in accordance with the prescribed aims of the University;

(e) regulate the conduct of examinations and the award of degrees, (other than honorary degrees) diplomas and certificates;

(f) advise the University Council on the appointment of academic staff, the admission of students and the award of bursaries and scholarships;

(g)  report to the University Council on matters referred to it by the University Council; and

(h)  perform such other functions as may be specified in the University statutes.

(2)  The Academic Board shall consist of the following persons—

(a)  The Vice-Chancellor;

(b)  the Pro-Vice-Chancellor;

(c)  Deans of Faculties and Schools;

(d)  the Librarian;

(e)  Heads of Departments and academic units;

(f)   the Dean of Student Affairs;

(g)  the Dean of Graduate Studies;

(h)  professors and persons of professorial status;

(i)  one full time elected senior member of staff not below the rank of a lecturer of a Faculty or School; and

(j)  three lecturers or research fellows elected by Convocation.

(3)  The Vice-Chancellor shall be the chairman of the Academic Board.

(4)  The Academic Board may make representations to the Council of the university on any matter connected with the University and shall have such additional functions as may be assigned to it by statutes enacted by the University Council.

(5)  Subject to this section, the University Council may by statutes provide for the terms of the members of the Academic Board and for the addition of such other members to the Board as the Council considers necessary.

(6)  The Academic Board may appoint such standing committees or other committees as it considers necessary and shall determine the composition and functions of the committees.

Section 12—University Council Interim Advisory Committee.

(1)  Without prejudice to subsection (6) of section 11 there is hereby established a University Council Interim Advisory Committee hereafter referred to as "the Interim Advisory Committee."

(2)  The Interim Advisory Committee shall be composed of the following persons appointed by the PNDC on the recommendation of the University Council—

(a)  a chairman who shall be a person knowledgeable in the administration of University;

(b)  the Vice-Chancellor;

(c)  two agriculturalists (one academic and one practitioner);

(d)  two health professionals (one academic and one practitioner);

(e)  two social scientists (one academic and one practitioner);

(f)  four representatives of user agencies one each from the Northern, Upper West, Upper East and Brong Ahafo Advisory Councils established under section 26 of this Law;

(g) one representative each from the Ministries of Health, Mobilisation and Social Welfare, Finance and Economic Planning and Agriculture; and

(h)  two other persons at least one of whom shall be a woman.

(3)  The Pro-Vice-Chancellor, Principals of substations and subcampuses, Deans of Faculties and a representative of Ministry of Education shall attend meetings of the interim Advisory Committee but shall not vote on any matter before the Committee.

(4)  The Interim Advisory Committee shall be responsible for bringing to the attention of the University Council the concerns of the people of Ghana to enable appropriate policies to be formulated for carrying out the aims and functions of the University; it shall in particular, but without prejudice to the foregoing, be responsible for advising and assisting the Council in the performance of its functions.

(5)  The term of office of members of the Interim Advisory Committee shall be three years in the first instance but a member may be re-appointed for a further term not exceeding three years as the University Council may recommend.

(6)  The Interim Advisory Committee shall exist for a period of seven years only from the coming into force of this Law and shall thereafter become dissolved and cease to exist.

Section 13—Other Committees and Boards of the University.

Without prejudice to any committees established under this Law, the University Council may establish such committees and boards as it considers necessary for the effective discharge of the aims of the University and shall determine the composition, terms and functions of the committees.

Section 14—Staff of the University.

The Council may in accordance with procedure prescribed by the statutes, engage the services of such persons as officers or as members of the academic, administrative and other staff of the University as the University Council considers necessary for the attainment of its aims.

Section 15—The Registrar.

(1)  There shall be a Registrar of the University appointed by Council who shall be Secretary to the Council, the Academic Board as well as the Interim Advisory Committee.

(2) The Registrar shall generally be responsible to the Vice-Chancellor for the general administrative functions of the University and for providing secretarial services for such bodies and committees as may be set up under the statutes, and shall perform such other duties as may be prescribed in the statutes.

Section 16—Internal Organization of the University.

(1)  Subject to the provisions of this Law, the Council may make such arrangements as it deems fit, regarding the internal organization of the University, including the establishment, variation and termination of—

(a)  Colleges, Faculties, Institutes, Schools, Departments, Centres, Units, Campuses, Hostels and other associated bodies;

(b) professorships, lectureships and other posts, whether academic, administrative or otherwise; and

(c)  fellowships, bursaries, exhibitions, scholarships, prizes, honorary degrees and other awards.

(2)  The Council shall in the exercise of its powers under subsection (1) in relation to matters which in the opinion of the Council are academic, act on the advice of the Academic Board.

(3)  Without prejudice to any special powers conferred on the Council under this Law, the Council shall have power to do or provide for any act or thing in relation to the University which it considers necessary or expedient in its capacity as the governing body of the University.

Section 17—Statutes.

(1)  The Council may by statutes provide for—

(a)  any matter which is required by this Law to be prescribed by statutes;

(b)  the powers, functions, constitution and terms of membership of bodies and committees set up by the Council or the Academic Board;

(c) the functions, duties and terms of the office of such officers as the Council may think appropriate to engage; and

(d)  all procedures and other matters in furtherance of the aims of the University.

Section 18—Procedure for Enacting Statutes.

(1)  For the purpose of enacting a University statute under this Law a draft of the statute shall be circulated to the members of the University Council at least fourteen days before the date of the meeting at which the statute is to be considered.

(2) The Council shall on the appointed date or any other date consider the draft statute and may approve the draft provisionally either with or without amendment of which written notice has been circulated to the members at least three days before the date of the meeting.

(3) The statute as provisionally approved shall be circulated to the members of the Council, and where in the opinion of the Council it affects academic matters, to the Academic Board as well, at least seven days before the meeting at which it is intended to confirm the statute.

(4) Within a period of not less than one month and not more than six months from the date of the meeting at which the statute was provisionally approved, the Council shall hold a meeting and confirm the statute without amendment.

(5) No statute shall be enacted which is inconsistent with this Law.

Section 19—Convocation.

There shall be a Convocation of the University with a membership prescribed by statute which subject to this Law, shall receive an annual report from the Vice-Chancellor on the work of the University, and shall have such powers and functions as may be prescribed by statute.

Section 20—Congregation.

For the purpose of conferring degrees of the University and awarding diplomas and certificates, there shall be held from time to time, a Congregation of the University composed of such persons as may be prescribed by statute.

Section 21—Property and Contracts.

(1)  The University may—

(a)  acquire property by purchase;

(b)  hold and manage movable and immovable property;

(c)  sell, lease and mortgage property;

(d) enter into any other transaction which is necessary or expedient for the furtherance of its aims.

(2) The University may borrow money upon the security of its property or assets for the purpose of carrying out its duties as defined in this Law and the statutes of the University.

(3)  Where the Council has resolved that it is necessary or expedient to acquire any property under sub-section (1) the property may be treated as property required for the public interest and the State Lands Act, 1962 (Act 125) shall apply with such modifications as are necessary to provide for vesting of the property acquired in the University and for the cost of acquisition to be defrayed by the University.

(4) The halls and hostels for students, lecture halls, libraries, hospitals, staff quarters, bungalows, guest houses, recreation grounds, farms and all other tenements of the University shall be exempted from all assessments and rates made and levied by a local authority.

(5)  The University shall be exempted from the payment of such other taxes and duties as the Secretary responsible for Finance may with the prior approval of the PNDC direct.

Section 22—Funds and Finances of the University.

(1) The funds of the University shall consist of subvention received from Government, tuition and boarding fees, gifts, endowments, grants, investments and monies from any other source approved by the University Council.

(2) The University Council shall control the finances of the University and shall have power to finally determine any question of the finance arising out of the administration of the University or the execution of its policy or in the execution of any trust by the University; except that, before determining any question of finance which directly affects the educational policy of the University, the Council shall invite the opinion of the Academic Board and shall take into consideration any recommendation or report made by it.

(3) The University Council shall be responsible for all measures necessary or desirable for the conservation and augumentation of the resources of the University, and for this purpose, may from time to time specify any matter affecting the income or expenditure of the University in respect of which the consent of the Council shall be obtained before action is taken or liability is incurred.

(4)  The Council shall determine the allocation of all funds at the disposal of the University.

(5)  Block grants shall be made by the Council for—

(a) expenditure by the Academic Board on those central activities of the University for which the University is wholly responsible and classified under such heads and sub-heads as the Council, after consultation with the Academic Boards, may consider convenient;

(b)  expenditure by the Departments, Schools, Faculties, Centres, and Institutes as part of their general income; and

(c) expenditure necessary for the maintenance of an adequate staff for transacting the financial and administrative business of the University.

Section 23—Accounts and Audit.

(1) The Council shall ensure that the University keeps books of account and proper records related to them and in a form approved by the Auditor-General.

(2) The annual accounts shall be audited by the Auditor-General and published annually under the signature of the Vice-Chancellor and the Finance Officer.

(3) The financial year of the University shall be the same as the financial year of the Government.

Section 24—Annual Report.

Within six months after the end of an academic year, the Council of the University shall cause a report of the activities of the University during that academic year to be drawn up and submitted to Government through the Secretary for Education.

Section 25—Transitional Provisions.

(1)  Until the date of the first meeting of the University Council and until such time as the bodies specified in this Law are established, there shall be appointed by the Ministry of Education—

(a) an Interim Council of the University; and

(b) an Interim University Council Advisory Committee composed of such persons as the PNDC shall, on the recommendations of the Secretary determine.

(2) The Interim University Council and the Interim University Council Advisory Committee shall have and exercise all the powers and functions conferred by this Law on the University Council and the Interim Advisory Committee established under section 12 of this Law, respectively.

(3) Any action taken by the Interim University Council before the first meeting of the Council of the University (whether before or after the commencement of this Law) shall have the same effect as if done by the Council.

(4) The person appointed as Vice-Chancellor shall on the date of the coming into force of this Law become the first Vice-Chancellor of the University and shall hold office from that date for a term of five years which may be renewed for a further period of two years only.

(5) The person appointed Registrar of the University shall be deemed to have been appointed by the Interim University Council as Registrar of the University and in accordance with the statutes.

(6) All designated staff appointments, academic or otherwise, effected on behalf of the Interim Council of the University shall on the institution of the Council be deemed to have been appointed by the Council in accordance with the statutes and shall continue to subsist until the appointments terminate or are terminated.

Section 26—Regional Advisory Council.

(1) There shall be established in the Northern, Upper West, Upper East and Brong-Ahafo regions, Regional Advisory Councils composed of persons appointed by the PNDC on the recommendation of the Secretary.

(2) A Regional Advisory Council shall advise the Secretary for Education on all matters related to the formation of the University.

(3) The Regional Advisory Councils may be dissolved by the PNDC at such time as it considers appropriate.

Section 27—Interpretation.

In this Law unless the context otherwise requires—

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

"PNDC" means the Provisional National Defence Council;

"Secretary" means the PNDC Secretary responsible for Education.

SCHEDULE

SCHEDULE—TERMS OF MEMBERS AND MEETING OF UNIVERSITY COUNCIL

1. The term of office of a person who is a member of the Council of the University by appointment or election shall be two years.

2. If a member of the Council is absent from Ghana for a minimum period of twelve months, his office shall become vacant at the end of that period except that this provision shall not apply to an ex-officio member.

3. Where the office of a member becomes vacant on resignation or death or by virtue of paragraph 2 of this Schedule a successor shall be appointed, nominated or elected as the case may be, in the same manner to serve for the remainder of the term of office.

4. Subject to paragraph 2 of this Schedule, where a member of the Council is incapacitated by temporary absence from Ghana or by illness or any sufficient cause from performing the duties of his office a substitute may be appointed in the manner referred to, to act for him, until the incapacity of that person has terminated or until the term of the member expires, whichever first occurs.

5. An appointment, election or nomination may be made in anticipation of the vacation of office or temporary absence of a member.

6.  No member shall hold office under more than one provision of section 9(2) of this Law; and if a person is appointed under more than one provision, he shall notify the Council under which provision he chooses to hold office and another person shall be appointed under the other provision.

7. No act of the Council shall be invalidated by vacancies in its membership or defect in the appointment of any of its members.

8. No member of the Council shall be entitled to remuneration in respect of his membership but members shall receive such travelling and subsistence allowance (if any) as the Council may determine.

9. The Council shall meet at such times and places as the chairman may determine but shall meet at least three times in every academic year.

10. A special meeting of the Council may be called at any time by the Chairman of the Council, or in his absence or incapacity, by the Vice-Chancellor.

11. A special meeting of the Council shall be called where five members of the Council sign a request to that effect.

12. Unless the Chancellor is present and presides, the Chairman shall preside at every meeting of the Council at which he is present and in his absence a non-University member of the Council appointed by the members present shall preside.

13. The quorum for a meeting of the Council shall be eight including at least three members who are not members of the academic staff of the University.

14.  The Pro-Vice-Chancellor, the Registrar and a representative of the Ministry of Education shall attend meetings of the Council but shall not have the right to vote on any matter before the Council.

15.  The Council may co-opt any person to attend and participate in any of its meetings but no person so co-opted shall be entitled to vote on any issue for decision by the Council.

16.  At a meeting of the Council matters for decision shall be determined by a simple majority of members present and voting.

17.  Subject to the provisions of this Law, the Council shall regulate its own procedure.

Made this 2nd day of March, 1992.

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 15th May, 1992.