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             ACTS OF GHANA

                                                                    

                     FOURTH   REPUBLIC

 

             University of Health and Allied Sciences           Act 825

 Act, 2011

 

ARRANGEMENT OF SECTIONS

 

Section

The University

1.     Establishment of the University of Health and Allied Sciences

2.      Aims of the University

3.      Campuses of the University

4.      Award of degrees

Administration

5.      The University Council

6.      Functions of the Council

7.      Establishment of committees

8.      Tenure of office of members of the Council

9.      Meetings of the Council

10.      Disclosure of interest

11.      Allowances

12.      General powers of the Council

13.      Principal Officers of the University

14.      The Chancellor of the University

15.      Vacancy in office of the Chancellor

16.      Vice-Chancellor of the University

17.      Pro Vice-Chancellor of the University

18.      Academic Board

19.      Functions of the Academic Board

20.      Composition of the Academic Board

21.      The Registrar

22.      Director of Finance

23.      Appointment of other staff

24.      Internal organisation of the University

25.      Student governance

26.      Statutes of the University

27.      Procedure for conduct of business

28.      Convocation

29.      Congregation

30.      Property and contracts

Financial matters

31.      Funds of the University

32.      Internal Audit Unit

33.      Accounts and audit

34.      Annual report and other reports

35.      Exemption from taxes, duties and other charges

Miscellaneous matters

36.      Anti-discrimination

37.      Matriculation

38.      Dispute settlement

39.      Interpretation

40.      Transitional provisions

                                         SCHEDULE

ACT

          OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

                                         ENTITLED

     UNIVERSITY OF HEALTH AND ALLIED SCIENCES ACT, 2011

AN ACT to provide for the establishment of the University of Health and Allied Sciences to be a pre-eminent research and practically orientated health educational institution dedicated to community service and to provide for related matters.

DATE OF ASSENT:

PASSED by Parliament and assented to by the President:

The University

Establishment of the University of Health and Allied Sciences

1. (1) There is established by this Act a body corporate with perpetual succession to be known as the University of Health and Allied Sciences.

(2) Where there is a hindrance to the acquisition of property, the property may be acquired for the University under the State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the University.

Aims of the University

2. (1) The aims of the University are to provide higher education, disseminate knowledge related to health education, undertake research and foster relationships with persons outside the institution in accor­dance with the following principles:

(a) higher education shall be made equally accessible to all persons suitably qualified and capable of benefiting from that education;

(b) in determining the subjects to be taught, which shall be health-related, consideration shall be given to courses of special relevance to the needs and aspirations of the country;

(c) use critical tools including information and communica­tion technology for teaching, research and administration; (d) institute curricula and pedagogy that are practical and relevant to national needs and aspirations in the health sec­tor;

(e) use teaching methods which promote critical and indepen­dent thinking for the benefit of humanity;

                (f)    disseminate the results of research through the publication of books, papers and other suitable means;

(g) undertake research in courses which are within the man­date of the University but with special emphasis on

                            (i)     health issues in this country and elsewhere in Africa, and

(ii) subjects that relate to the social, cultural, economic, scientific or technological aspects of health within and outside the country;

(h) provide service through extension and consultancy in health­related activities to foster relationships with other persons; and

                (i)     develop distance learning modules for health-related courses in higher education.

(2) The University for the purpose of achieving its aims shall have (a) School of Allied Health Sciences;

(e)           two elected members of Convocation representing the pro­fessorial and the non-professorial staff;

                (f)    one elected representative of the University Teachers Association of Ghana;

(g) one elected representative of the University branch of the Federation of Universities Senior Staff Association of Ghana;

(h) one elected representative of the Teachers and Education Workers Union;

                (i)     one elected representative of the Conference of Heads of Assisted Secondary Schools;

                (j)    one elected representative of undergraduate students of the University elected by the Students Representative Coun­cil;

tte) one representative of graduate students of the University elected by the University branch of the Graduate Students Association; and

(I) one representative of the alumni of the University.

(2) The President, in making the nominations under paragraphs (a) and (c) of subsection (1), shall have regard to the academic qualifica­tions, leadership qualities, gender, expertise in finance, management, knowledge and relevant experience in health and allied sciences.

(3) The chairperson and other members of the Council shall be app o intc d by the President in accordance with article 70 of the Co nsitution.

(4) The chairperson of the University Council shall preside at the Congregation and other meetings and ceremonies of the University in .he absence of the Chancellor.

F unct ions of the Council

6. The Luuncll shall

(a) ensure the implementation of the aims of the University; iI)) determine the strategic direction of the University, and monitor and evaluate policy implementation;

                (c)   promote income-generating activities as part of the University's programme;

(d) control the finances of the University and determine the allocation and proper use of funds;

 

(e)           two elected members of Convocation representing the pro­fessorial and the non-professorial staff;

                (f)    one elected representative of the University Teachers Association of Ghana;

                (g)   one elected representative of the University branch of the Federation of 'Universities Senior Staff Association of Ghana;

(h) one elected representative of the Teachers and Education Workers Union;

                (i)    one elected representative of the Conference of Heads of Assisted Secondary Schools;

                (j)    one elected representative of undergraduate students of the University elected by the Students Representative Coun­cil;

:I) one representative of graduate students of the University elected by the LJ niversity branch of the Graduate Students Association: and

(l) one representative of the alumni of the University.

(2) The President, in making the nominations under paragraphs (a) and (c) of subsection (1), shall have regard to the academic qualifica­ti.ins, leadership qualities, gender, expertise in finance, management, knowledge and relevant experience in health and allied sciences.

(3) The chairperson and other members of the Council shall be app.unted by the President in accordance with article 70 of the Consitution.

(4) The chairperson of the University Council shall preside at the Congregation and other meetings and ceremonies of the University in the absence of the Chancellor.

Function- of the Council

6. The Council shall

(a) ensure the implementation of the aims of the University; '!) dr termine the strategic direction of the University, and monitor and evaluate policy implementation;

                (c)   promote income-generating activities as part of the University's programme;

(d) control the finances of the University and determine the allocation and proper use of funds;

 

(2) The quorum at a meeting of the Council is nine.

(3) The chairperson shall preside at each meeting of the Council and in the absence of the chairperson, members of the Council shall elect one of the government nominees present to preside.

(4) Matters before the Council shall be decided by consensus or by a simple majority of the members present and voting and in the event of an equality of votes the person presiding shall have a casting vote.

(5) The Council may co-opt a person to attend and participate in any of its meetings but a co-opted person is not entitled to vote at a meeting.

(6) The Pro Vice-Chancellor, the Registrar, and the Director of Finance shall attend meetings of the Council but are not entitled to vote.

(7) The proceedings of the Council are not invalidated by reason of a vacancy among the members or by a defect in the appointment or qualification of a member.

Disclosure of interest

10. (1) A member of the Council who has an interest in a matter for consideration at a meeting of the Council shall

(a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter, (b) recuse himself or herself from the meeting, or

(c) not participate in the deliberations of the Council in respect of that matter.

(2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and

(a) fails to disclose that interest,

(b) fails to recuse himself or herself from the meeting at which the matter is being considered, or

(c) participates in the deliberations of the matter.

Allowances

11. Members of the Council and members of a committee of the Council shall be paid allowances approved by the Minister in consulta­tion with the Minister responsible for Finance.

 

General powers of the Council

12. (1) Subject to the provisions of this Act, the Council shall have power to do or provide for any matter in relation to the University which the Council considers necessary or expedient.

(2) The conferment of particular powers on the Council by other provisions of this Act shall not be taken to limit the generality of this section.

Principal Officers of the University

13. (1) The Principal Officers. of the University are (a) the Chancellor,

(b) the chairperson of the Council, and (c) the Vice-Chancellor.

(2) Before assuming office, the Principal Officers of the University shall take and subscribe to the oath of office as specified in the Schedule.

The Chancellor of the University

14. (1) The University shall have a Chancellor who is appointed by the Council and takes precedence over the other officers of the Univer­sity.

(2) The criteria and modalities for the nomination and election of the Chancellor shall be prescribed by the Statutes of the University.

(3) The Chancellor shall hold office for a term of five years and is eligible for re-appointment for another term only.

(4) The Chancellor shall preside at Congregation, meetings and ceremonies of the University at which the Chancellor is present.

(5) The Chancellor shall be served with the summons, minutes and other documents related to meetings of the Council and may attend the meetings.

(6) The Chancellor shall confer on qualified persons, degrees, diplomas and certificates awarded by the University in accordance with this Act and procedures prescribed by the Statutes of the University.

(7) The Chancellor may delegate functions under subsection (6) by directions in writing to the Council.

Vacancy in office of the Chancellor

15. (1) The Office of the Chancellor shall become vacant on (a) resignation,

(b) death,

(c) removal from office, or (d) the expiry of the term.

(2) The grounds and procedures for the removal from office of the Chancellor shall be contained in the Statutes of the University.

(3) Without limiting the functions of the Chancellor, where the integrity and welfare of the University are threatened by any matter, the Chancellor may in consultation with the Council intervene.

Vice-Chancellor of the University

16. (1) The Council shall appoint a Vice-Chancellor for the Univer­sity.

(2) The Vice-Chancellor shall hold office on the terms and condi­tions specified in the letter of appointment.

(3) The Vice-Chancellor shall hold office for a term of four years and is eligible for re-appointment for another term only.

(4) The Vice-Chancellor is the academic and administrative head and chief disciplinary officer of the University.

(5) The Vice-Chancellor is responsible to the Council for main­taining order and ensuring the efficient administration of the Univer­sity.

(6) The Vice-Chancellor shall perform such other functions as may be prescribed by the Statutes of the University.

Pro Vice-Chancellor of the University

17. (1) The Council shall appoint a Pro Vice-Chancellor of the University in accordance with the Statutes of the University.

(2) The Pro Vice-Chancellor shall hold office for a term of three years and is eligible for re-appointment for another term only.

(3) The Pro Vice-Chancellor shall attend a Council meeting but shall not vote at the meeting.

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

(5) The Pro Vice-Chancellor shall perform the functions of the Vice-Chancellor in the absence of the Vice-Chancellor.

(6) The Pro Vice-Chancellor shall, before assuming office, take and subscribe to the oath of office as specified in the Schedule.

Academic Board

18. There is established by this Act an Academic Board of the Univer­sity which is answerable to the Council.

Functions of the Academic Board

19. The Academic Board shall subject to the powers of the Council (a) formulate and implement the academic policies of the University;

(b) devise and regulate courses of instruction and study subject to accreditation by the National Accreditation Board;

(c) promote and supervise research;

(d) regulate

(i) the conduct of examinations; and (ii) the award of degrees;

(e) authorise research work;

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

(g) report on matters that are referred to the Academic Board by the Council;

(h) make representations to the Council on any matter con­nected with the University; and

(i) perform other functions specified in the Statutes of the University.

Composition of the Academic Board

20. (1) The Academic Board consists of

(a) the Vice-Chancellor of the University who shall be the

chairperson,

(b) the Pro Vice-Chancellor, (c) Deans and Vice Deans,

(d) Directors of Schools, Institutes and Centres, (e) Heads of Academic Departments,

(f) Professors and Associate Professors,

(g) a representative each from

(i) an Academic department, (ii) a School,

(iii) an Institute, and (iv) a Centre,

(h) the Librarian of the University,

(i) the Registrar of the University who is the Secretary, and (j) nine members, five of whom are non-teaching staff, elected

by Convocation in accordance with the Statutes of the Uni­versity.

(2) The Academic Board may establish standing and ad-hoc com­mittees for the purpose of carrying out its functions under this Act and as may be determined by the Statutes enacted by the Council except that a committee comprised entirely of non-members shall be advisory only.

(3) A person who is an ex-officio member of the Board may be represented at a meeting by a person designated by that member.

The Registrar

21.(1) The Council shall appoint a Registrar for the University.

(2) The Registrar shall hold office on the terms and conditions specified in the letter of appointment in accordance with the Statutes of the University.

(3) The Registrar is the secretary to the (a) Office of the Chancellor,

(b) Council, and

(c) Academic Board.

(4) The Registrar is responsible to the Vice Chancellor for the day­to-day administration of the affairs of the University.

(5) The Registrar is the chief operating officer of the University under the Vice-Chancellor.

22. (1) The Council shall appoint a Director of Finance for the University

( 6) The Registrar may perform any other functions provided for in the Statutes of the University.

(7) The Registrar shall before assuming office take and subscribe to the oath of office as specified in the Schedule.

Director of Finance

(2) The Director of Finance shall perform functions as prescribed in the Statutes.

(3) The Director of Finance is responsible to the Vice-Chancellor in the performance of the duties of the Director of Finance.

Appointment of other staff

23. The Council may appoint other staff as may be necessary for the effective performance of the functions of the University.

Internal organisation of the University

24. (1) Subject this Act, the Council may make arrangements as it considers appropriate for the internal organisation of the University including

(a) the establishment, variation and supervision of academic divisions, Faculties, Schools, Centres, Departments, Insti­tutes, hostels and other bodies in the campuses in Ho, Hohoe and elsewhere;

(b) awarding professorships and promoting lecturers; (c) making academic or administrative appointments; (d) conferring honorary degrees; and

(e) awarding fellowships, bursaries, exhibitions, scholarships and prizes.

(2) The University may

(a) enter into an agreement or relationship with another insti­tution whether academic or non-academic and within or outside the country, and

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

(3) The Council shall exercise the powers referred to in subsec­tion (1), only after consultation with the Academic Board on matters which in the opinion of the Council are academic matters.

Student governance

25. (1) The University shall have a Students Representative Council.

(2) The Students Representative Council is responsible for representing students duly admitted and registered to study at the University.

(3) The constitution and other governing instruments of the Students Representative Council shall

(a) be drawn up by the students subject to the approval of the Academic Board, and

(b) conform to this Act, the Statutes of the University and any other rules, regulations, directives and edicts duly issued by the University.

(4) A constitution or a governing instrument drawn up by the Students Representative Council which is inconsistent with paragraph (b) of subsection (3) shall to the extent of the inconsistency be void.

(5) The Statutes of the University may grant the Students Repre­sentative Council, represetation on appropriate bodies and organs of the University.

Statutes of the University

26. The Council shall ensure the implementation of this Act by Statutes which shall, in particular

(a) regulate the

(i) appointment,

(ii) conditions of service,

(iii) termination of appointment, and (iv) retirement benefits

of the employees of the University;

(b) determine the persons who form the academic staff of the University;

(c) determine the persons who are authorised to sign contracts, cheques and other documents on behalf of the University and to regulate the procedure in relation to transactions entered into by the University;

(d) fix the academic calendar of the University;

                (e)   determine the rules and procedures relating to discipline of students and employees of the University;

students and employees of the University;

                (f)    ensure that the seal of the University is kept under proper custody and is used only on the authority of the Council; and

g) provide for any matter required by this Act to be prescribed by Statute

Procedure for conduct of business

27. Subject to the provisions of this Act, the Council may by statute regulate its own procedure.

Convocation

28. (1) There shall be a Convocation of the University with the mem­bership prescribed by the Statutes of the University.

(2) The Registrar shall compile a register of the members of Convocation which shall be published each academic year.

(3) The persons whose names appear on the register shall be entitled to vote at the Convocation.

(4) The Convocation shall meet at least once each academic year at the time and place determined by the Vice-Chancellor.

(5) Despite subsection (4), the Convocation shall meet upon a request made by a number of members as prescribed in the Statutes of the University.

(6) The main function of the Convocation is to receive and discuss a report from the Vice-Chancellor on the state of the University and future plans for the University.

(7) The Convocation may express an opinion on any matter that affects the University and may refer the matter to the Council or the Aca­demic Board.

Congregation

29. The University may hold a Congregation composed of the persons prescribed by Statute for the purpose of conferring degrees and awarding diplomas and certificates.

Property and contracts

30. (1) The University may for

(a) the purpose of the performance of the functions of the University, or

(b) any purpose which the University considers necessary or

expedient,

acquire and hold movable or immovable property, sell, lease, mortgage or otherwise alienate or dispose of that property and enter into any other transaction.

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

(3) The intellectual property right in a work, research or other in­tellectual enterprise funded or otherwise undertaken with resources of the University shall vest in the University.

(4) The Council shall enact Statutes in accordance with the laws on intellectual property to govern the creation, ownership and use of intellectual property including copyright, patents, trade marks, trade names and industrial designs by University employees.

(5) The Council may borrow money on behalf of the University and may for this purpose use University property as security.

(6) The Council shall in enacting the Statutes under subsection (4) determine the incentives for persons who undertake any work, research or other intellectual enterprise funded or otherwise undertaken with re­sources of the University to enable those persons benefit from their work, research or intellectual enterprise.

Financial matters

Funds of the University

31. (1) The funds of the University include (a) funds approved by Parliament;

(b) moneys that accrue to the University in the performance of its functions consisting of

                            (i)     fees paid by students duly registered by the Univer­sity;

(ii) fees, charges and dues in respect of services rendered by or through the University;

(iii) proceeds from the sale of publications of the U ni­versity; and

(iv) grants, subscriptions, rents and royalties; I I.) returns on investments;

(d) endowments, donations and gifts; and

(e) moneys from any other source approved by the Council. (2) Any sum of money received by or on behalf of the University "hall be paid into a bank account of the University opened by or on the authority of the Council.

(3) For the avoidance of doubt, moneys received by or standing to the credit of a School, Centre or an Institute of the University shall form part of the funds of the University as defined under this Act.

(4) The Council may invest the funds of the University that are not required for immediate use as the Council considers appropriate.

Internal Audit Unit

32. (1) There is established by this Act an Internal Audit Unit which shall constitute a part of the University.

(2) The Council shall appoint personnel required to ensure an effective and efficient internal audit of the University.

(3) The Unit shall establish standards and procedures to carry out an internal audit of the University in accordance with the Internal Audit Agency Act, 2003 (Act 658).

(4) The Audit Report Implementation Committees of the University as established under section 30 (1) of the Audit Service Act, 2000 (Act 584) are responsible for the implementation of the recommen­dations of the internal audit reports.

(5) The Audit Report Implementation Committee may co-opt a senior member of the University to serve on the Committee.

Accounts and audit

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

(2) The Council shall submit the annual accounts of the University to the Auditor-General for audit within three months after the end of the financial year and cause the accounts to be published at the time and in the manner that the Council considers appropriate.

(3) The accounts shall be under the signature of the Vice Chancellor and the Director of Finance.

(4) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward the audit report to Parliament with a copy to the Minister.

Annual report and other reports

34. (1) The Council shall within three months after the end of each academic year submit a report to the Minister covering the activities of

the University for the year to which the report relates and make that report available to the public.

(2) The report shall cover the operations, admissions, sources, and use of the funds, challenges, significant events and major policies of the University and shall include the report of the Auditor-General for the year to which the report relates.

(3) The Minister shall within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.

(4) The Council shall also submit to the Minister any other reports which the Minister may require in writing.

Exemption from taxes, duties and other charges

35. The University is exempt from the payment of taxes, duties and other charges that the Minister responsible for Finance may determine with the prior approval of Parliament.

Miscellaneous matters

Anti-discrimination

36.(1) Without limiting the power of the University to adopt affirmative action policies, the University or an officer of the University shall not discriminate against a person on the basis of that person's race, ethnic origin, political opinion, colour. gender, occupation, religion or creed, disability, social or economic status to determine whether that per­son is to be

 

(a)admitted as a student of the University;

(b)registered as a student of the University;

(c) permitted to graduate from the University,

(d) appointed as an academic staff or other staff

(e) member; promoted as an academic staff or other member;

(f) or granted any advantage, privilege or other benefit accorded all other persons.

 

(2) For the purpose of subsection (1), "an officer of the Univer­sity" includes a principal officer, staff or other employee, an agent, ser­vant or any other person performing or acting in an official capacity for or on behalf of the University.

(3) For the purpose of this section, "discriminate" means to give different treatment to different persons attributable only or mainly on the grounds stated in subsection (1).

 

Matriculation

37. (1) A student admitted to the University shall take the Matriculation Oath and sign the Matriculation Register.

(2) A student who fails to sign the Matriculation Register may be prevented by the University from graduating.

Dispute settlement

38. (1) There is established by this Act a body to be known as the University of Health and Allied Sciences Appeals Board.

(2) The Council shall appoint the Members of the Appeals Board. (3) The Appeals Board consists of

(a) a chairperson who is a retired justice of the Superior Courts of Judicature or a lawyer qualified to be so appointed,

(b) two lawyers of at least ten years standing at the Bar who are persons of high moral integrity one of whom is a woman,

(c) two persons who are not lawyers or employees of the University who are persons of high moral integrity one of whom is a woman.

(4) The Appeals Board shall hear and determine on appeal matters

on(a) acts or omissions in contravention of this Act or the Statutes enacted by the Council;

(b) breach of employment contracts by the University;

                (c)   the promotion of persons duly employed by the Univer­sity;

(d) grievances by students against the University on matters related to welfare and discipline; or

                (e)   any other matter or dispute referred to the Appeals Board by the Council.

(5) The chairperson and two other members of the Appeals Board, constitute a panel for the hearing and determination of a case or matter before the Appeals Board.

(6) In the absence of the chairperson, one of the two lawyers as provided for in paragraph (b) of subsection (3) shall act as chairperson. (7) The Council shall establish the rules and procedure which govern (a) the operations of the Appeals Board,

(b) the appointment and remuneration of the members of the Appeals Board,

(c) the functions of the acting chairperson;

(d) the establishment of the Secretariat of the Appeals Board, and

(e) any other relevant matter.

Interpretation

39. In this Act, unless the context otherwise requires,

"Appeals Board" means the University of Health and Allied Sciences Appeals Board established under section 38 (1);

"Convocation" means the Principal Officers of the University and all other senior members of the University appointed by the Council or the Academic Board and who are regis­tered as members of Convocation by the Registrar;

"Council" means the University Council established under section 5;

"disclosure of interest" includes pecuniary, material, academic and relational interest in a matter being deliberated upon or decided upon by the University;

"Institute" means a multidisciplinary research or service establishment which focuses primarily on multi-disciplinary research and on the provision of extension services; "Minister" means the Minister responsible for Education; "Statutes of the University" mean administrative guidelines enacted by the Council in accordance with this Act to govern the internal operations of the University; and

"University" means the University of Health and Allied Sciences established under section 1.

Transitional provisions

40. (1) Until the establishment of the Council under section 5, there shall be an Interim Council of the University which shall function for a period not exceeding two years.

(2) The President shall appoint members of the Interim Council on the recommendation of the Minister given in consultation with the National Council for Tertiary Education.

(3) The Interim Council shall perform the functions specified under section 6.

(4) Any action taken by the Interim Council before the first meet­ing of the Council shall have the same effect as if done by the Council.

(5) The University shall be guided in its operations by accredited Universities in Ghana for a period not exceeding two years.

 

                           SCHEDULE

 

OATH OF OFFICE Section13 (2), 17 (6) and 21 (7)

 

I, .......................................................................................................... do (in

the name of the Almighty God (swear) (solemnly affirm) that I will at all times, well and truly serve the University of Health and Allied Sciences

and the Republic of Ghana in the office of.. ......................................... .

... ................................ . ........................................ and that I will uphold,

preserve, protect and defend the University as by law established (So help me God).

 

 

(To be sworn before the President or such other person as the President may designate.)

 

                                   Date of Gazette notification

 

 

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