UNIVERSITY
OF GHANA ACT, 1961 (ACT 79)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Establishment of University.
2. Aims.
3. Principal officers.
4. Chancellor.
5. Chairman of University Council.
6. Vice-Chancellor.
7. University Council.
8. Academic Board.
9. Registrar.
10. General powers of University
Council.
11. Internal organisation of
University.
12. Property and contracts.
13. Accounts.
14. Annual report.
15. University statutes.
16. Abolition of University
College of Ghana.
17. Transitional provisions.
18. Commencement.
SCHEDULE
Schedule—University Council
THE SEVENTY-NINTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE UNIVERSITY OF GHANA ACT, 1961
AN ACT to establish the University
of Ghana in place of the
University College of Ghana.
DATE OF ASSENT: 22nd August, 1961
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Establishment of
University.
(1) There is hereby established a
university under the name of the
University of Ghana (in this Act
referred to as the University).
(2) The University is a body
corporate, and shall have
perpetual succession and a common
seal.
(3) Without prejudice to its other
powers, the University shall have
power to award its own degrees.
Section 2—Aims.
The aims of the University shall
be to provide higher education, to
undertake research, to disseminate
knowledge and to foster
relationships with outside persons
and bodies; and to do so in
accordance with the following
principles—
(a) that in determining the
subjects to be taught emphasis
should be placed on those which
are of special relevance to the
needs and aspirations of
Ghanaians, including the
furtherance of African unity;
(b) that higher education should
be available to all Ghanaians who
are capable of benefiting from it;
(c) that so far as practicable
students should be given an
understanding of world affairs,
and in particular of the
histories, institutions and
cultures of African civilisations;
(d) that students should be taught
methods of critical and
independent thought, while being
made aware that they have a
responsibility to use their
education for the general benefit;
(e) that research should be
undertaken in all subjects which
are taught in the University, but
with special attention to subjects
which relate to the social,
cultural, economic, scientific,
technical and other problems which
exist in Ghana or elsewhere in
Africa;
(f) that opportunities for higher
education and research should be
provided for students from other
countries, particularly countries
in Africa;
(g) that the fruits of research,
and knowledge generally, should be
spread abroad by the publication
of books and papers and by any
other suitable means;
(h) that the University should
develop close relationships with
the people of Ghana and with other
cultural institutions, whether
within Ghana or outside.
Section 3—Principal Officers.
The principal officers of the
University shall be the
Chancellor, the Chairman of the
University Council and the
Vice-Chancellor.
Section 4—Chancellor.
(1) The Head of State shall hold
the office of Chancellor and as
such shall be the head of the
University.
(2) In the absence of the Head of
State the person acting as the
Head of State shall be the
Chancellor. [As subsituted by
University of Ghana (Amendment)
Law, 1990 PNDCL 239 s. 1(a)].
Section 5—Chairman of University
Council.
(1) The Chairman of the University
Council shall be appointed by the
PNDC.
(2) The Chairman shall hold office
for two years but shall be
eligible for reappointment.
[As subsituted by University of
Ghana (Amendment) Law, 1990 PNDCL
239 s. 1(a)].
Section 6—Vice-Chancellor.
(1) The Vice-Chancellor shall be
appointed by the PNDC on the
recommendation of the University
Council and shall hold office upon
such terms and conditions as may
be specified in his instrument of
appointment.
(2) The Vice-Chancellor shall,
under the direction of the Council
be the academic and administrative
head and chief disciplinary
officer of the University. [As
subsituted by University of Ghana
(Amendment) Law, 1990 PNDCL 239 s.
1(b)].
(3) A Pro-Vice-Chancellor shall be
appointed by the University
Council in accordance with a
statute in that behalf enacted by
the Council, and shall act as
Vice-Chancellor when the post of
Vice-Chancellor is vacant or the
Vice-Chancellor is absent or
unable to act.
Section 7—University Council.
(1) The governing body of the
University shall be the University
Council which 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
University Teachers Association;
(e) a representative of the
under-graduate students of the
University;
(f) a representative of the
post-graduate students of the
University;
(g) a representative of the
Committee for the Defence of the
Revolution of the University;
(h) a representative of the
Teachers and Education Workers
Union;
(i)
a representative of the Education
Commission;
(j) a representative of the
Conference of Heads of Assisted
Secondary Schools;
(k) a representative of the
Alumni Association of the
University; and
(l) three other persons
including at least one woman. [As
subsituted by University of Ghana
(Amendment) Law, 1990 PNDCL 239 s.
1(c)].
(2) The Schedule to this Act shall
apply with respect to the members
and meetings of the University
Council.
Section 8—Academic Board.
(1) There shall be an Academic
Board, which shall be responsible
under the University Council for—
(a) formulating and carrying out
the academic policy of the
University;
(b) devising and regulating
courses of instruction and study,
and supervising research;
(c) regulating the conduct of
examinations and the award of
degrees, diplomas and
certificates;
(d) advising the University
Council on the admission of
students and the award of
scholarships;
(e) reporting on such matters as
may be referred to it by the
University Council.
(2) The Academic Board may make
representations to the University
Council on any matter connected
with the University, and shall
have such additional functions as
may be conferred on it by statutes
enacted by the University Council.
(3) The Academic Board shall
consist of the Vice-Chancellor and
at least nine other persons drawn
from the academic staff in
accordance with a statute in that
behalf enacted by the University
Council.
Section 9—Registrar.
There shall be a Registrar to the
University, who shall be appointed
by, and act as secretary to, the
University Council.
Section 10—General Powers of the
University Council.
Subject to the provisions of this
Act, the University 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,
and the conferring of particular
powers on the Council by other
provisions of this Act shall not
be taken to limit the generality
of this section.
Section 11—Internal Organisation
of the University.
(1) Subject to the provisions of
this Act, the University Council
may make such arrangements as it
thinks fit regarding the internal
organisation of the University,
including the establishment,
variation and suppression of—
(a) halls of residence, faculties,
institutes, schools, departments
and other bodies, whether in Accra
or elsewhere;
(b) professorships, lectureships
and other posts, whether academic,
administrative or otherwise;
(c) fellowships, bursaries,
exhibitions, scholarships, prizes,
honorary degrees and other awards.
(2) In so far as they relate to
matters which in the opinion of
the Council are academic matters,
the Council shall exercise the
powers referred to in the
preceding subsection only after
consultation with the Academic
Board.
Section 12—Property and Contracts.
(1) The University shall have
power, for any purpose which in
the opinion of the University
Council is necessary or expedient
for or in connection with the
exercise of the functions of the
University, to acquire and hold
any moveable or immoveable
property, to sell, lease, mortgage
or otherwise alienate or dispose
of any such property, and to enter
into any other transaction.
(2) Where the University Council
have resolved that it is necessary
or expedient to acquire any
property under the preceding
subsection the property may be
treated as property required for
the Public Service, and the State
Property and Contracts Act, 1960
(C.A. 6) shall apply accordingly,
so however that the provisions of
that Act shall apply with such
modifications as are necessary to
provide for the vesting of
property acquired thereunder in
the University and for the cost of
acquisition to be defrayed by the
University.
Section 13—Accounts.
The University Council shall cause
the accounts of the University to
be drawn up, audited and published
annually at such times and in such
manner as the Minister responsible
for Finance may direct.
Section 14—Annual Report.
Within six months after the end of
each academic year the University
Council shall cause a report of
the activities of the University
during that year to be drawn up
and made available to the public.
Section 15—University Statutes.
(1) The University Council may
enact statutes for carrying into
effect the provisions of this Act,
and in particular for—
(a) regulating the appointment,
conditions of service, termination
of appointment and retirement
benefits of the staff of the
University, and for determining
the persons who form the academic
staff for the purposes of this
Act;
(b) determining the persons who
are authorised to sign contracts,
cheques and other documents on
behalf of the University, and
otherwise regulating procedure in
relation to transactions entered
into by the University;
(c) fixing the academic year of
the University;
(d) securing that the seal of the
University is kept in proper
custody and is used only by
authority of the University
Council.
(2) A statute shall be taken to be
enacted if, but only if,—
(a) a draft of the statute has
been circulated to the members of
the council at least fourteen days
before the meeting at which it is
to be considered; and
(b) after consideration by the
meeting the draft has been
provisionally approved either
without amendment or only with
amendments of which notice in
writing was circulated to the
members at least three days before
the meeting; and
(c) the statute as provisionally
approved has been circulated to
the members of the Council, and
(where in the opinion of the
Council it affects academic
matters) to the members of the
Academic Board, at least seven
days before the meeting at which
it is proposed to confirm the
statute; and
(d) the statute is confirmed
without amendment at a meeting of
the Council held not less than one
month nor more than six months
after the meeting at which it was
provisionally approved.
Section 16—Abolition of University
College of Ghana.
(1) The University College of
Ghana is hereby abolished and the
body corporate styled the Council
of the University College of Ghana
is hereby dissolved.
(2) Subject to the provisions of
this Act, all property which at
the commencement of this Act was
vested in the Council of the
University College of Ghana or was
in any other manner held on behalf
of, or for the purposes of, the
University College of Ghana, shall
by virtue of this Act similarly
vest in or be held on behalf of,
or for the purposes of, the
University.
(3) Subject to the provisions of
this Act, every contract entered
into by the Council of the
University College of Ghana shall
have effect as if entered into by
the University, and all
obligations subsisting against the
said Council shall continue to
subsist against the University.
(4) The preceding subsection does
not apply to any contract of
employment, but in respect of any
such contract which was subsisting
at the commencement of this Act
and was not then terminable at the
instance of the said Council by
reason that the other party to the
contract (in this subsection
referred to as the employed
person) had committed misconduct,
or by reason of any other event
that had occurred, the following
provisions shall have effect—
(a) unless he has been offered
equivalent employment in Ghana,
the employed person shall be
entitled to compensation of an
amount equal to the amount to
which he would have been entitled
by way of damages if he had been
dismissed by the said Council and
this Act had not passed;
(b) the amount of the compensation
shall, subject to the following
paragraph, be assessed by the
Minister responsible for finance,
and shall be paid by the
Accountant-General out of moneys
provided by the National Assembly;
(c) if a dispute arises as to
whether the employed person has
been offered equivalent employment
in Ghana, or as to the amount of
compensation assessed by the
Minister, the dispute shall be
determined by arbitration;
(d) where a dispute is to be
determined by arbitration the
University Council shall appoint
an arbitrator, and where the
dispute is as to whether the
employed person has been offered
equivalent employment in Ghana the
arbitrator, if he finds that such
an offer was not made, shall
include in his award a finding of
the amount of compensation
payable.
For the purposes of this
subsection a person shall be taken
to have been offered equivalent
employment in Ghana if, but only
if, he has been offered employment
either in the University of Ghana
or in the University of Science
and Technology, Kumasi on terms
and conditions which, taking them
overall, are not less favourable
to the employed person than the
terms and conditions on which he
was employed in the University
College of Ghana.
(5) Except where otherwise
provided by this Act, and until
otherwise provided in the exercise
of functions conferred by this
Act, all other matters and things
relating to the University College
of Ghana shall continue as nearly
as may be in relation to the
University.
(6) The University College of
Ghana Ordinance (Cap. 115) is
hereby repealed.
Section 17—Transitional
Provisions.
(1) Until the date of the first
meeting of the University Council,
the body appointed by the
President and known as the Interim
Council of the University of Accra
shall have and exercise all the
functions conferred by this Act on
the University Council, and any
act done by the said Interim
Council before that date (whether
before or after the commencement
of this Act) shall have the like
effect as if done by the
University Council.
(2) For the purpose of determining
the composition of the University
Council in the first instance,
paragraph (g) of section 7 of this
Act shall not apply and the four
members therein referred to shall
be elected before the first
meeting of the University Council
in accordance with arrangements
made by the Interim Council and,
notwithstanding anything in the
Schedule to this Act, shall hold
office for one year only, but
shall be eligible for re-election.
(3) Notwithstanding anything in
the Schedule to this Act, the term
of office of the first members of
the University Council to be
appointed or elected under section
7 of this Act shall be one year
only in the case of the following,
who shall nevertheless be eligible
for re-appointment or re-election—
(i)
two persons nominated by the
Chancellor out of the four
appointed by him;
(ii) the person elected by a body
representative of heads of
secondary schools;
(iii) the two persons with the
lowest number of votes out of the
four elected by members of the
staff of the University, the
choice being by lot in the case of
equal votes.
(4) The University Council—
(a) shall enact the statute
referred to in section 7 (1) (g)
of this Act within one year after
the commencement thereof;
(b) shall enact the statutes
referred to in sections 6 (3) and
8 (3) of this Act within three
months after the commencement
thereof.
Section 18—Commencement.
This Act shall come into operation
on such date as the President may
by legislative instrument appoint.
SCHEDULE
SCHEDULE—UNIVERSITY COUNCIL
Members
1. The terms of office of a person
who is a member of the Council
other than the Vice-Chancellor
shall be two years but such person
shall be eligible for
re-appointment.
2. If an appointed or elected
member (other than a member
elected by the 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 an
appointed or elected member
becomes vacant on his death or
resignation, or by virtue of the
preceding paragraph, a successor
shall be appointed or elected in
the same manner to serve for the
remainder of the term of office.
4. Where an appointed or elected
member is temporarily absent from
Ghana a substitute may be
appointed or elected in the same
manner to act for him during his
absence.
5. An appointment or election 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 shall be
eligible for re-appointment or
re-election.
7. No member shall hold office
under more than one provision of
section 7 of this Act, and if a
person is appointed or elected
under more than one provision he
shall notify the Council under
which provision he chooses to hold
office and another person shall
thereupon be appointed or elected
under the other provision.
8. No act of the Council shall be
invalidated by vacancies in its
membership or defects in the
appointment or election of any of
its members.
9. No member of the Council shall
be entitled to remuneration in
respect of his membership, but
members shall be entitled to such
travelling and subsistence
allowances (if any) as the Council
may determine.
Meetings
10. The Council shall meet at
least three times in every
academic year.
11. A meeting may be convened by
any of the principal officers of
the University, and shall be
convened if eight members of the
Council sign a requisition to that
effect.
12. If the Chancellor is present
at a meeting of the Council he
shall act as chairman, but if the
Chancellor is not present the
Chairman of the Council shall act
as chairman unless he also is
absent, in which case the members
present shall elect a chairman.
13. The quorum at meetings of the
Council shall be eight.
14. Questions shall be decided by
a simple majority of votes cast.
15. The chairman shall have an
original vote and a casting vote.
16. The Pro-Vice-Chancellor, the
Registrar and a representative of
the Ministry of Education shall
attend meetings of the Council but
shall not vote on any matter
before the Council.[As subsituted
by University of Ghana (Amendment)
Law, 1990 PNDCL 239 s. 1(d)].
amended by
UNIVERSITY OF GHANA (AMENDMENT)
LAW, 1990 (PNDCL 239)1. |