Ghana Act or statute

Parliament of Ghana

Technical Universities (Amendment) Act, 2018 ( Act 974)

appointment termschancellor nomination and electioneducationemployment statusemployment/office tenureemployment/service schemegovernanceinstitution governanceoffice tenureproperty transactionsregulatory amendmentstatute enactment proceduretechnical university governancetechnical university staffingtertiary educationtertiary education governanceuniversity administrationuniversity governance

Jurisdiction: Ghana
Structure: 12 provisions
Citation: Act 974
Dates: Undated source snapshot

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Purpose and legislative effect

“Section 14(2) is changed so that the criteria and modalities for nominating and electing the Chancellor must be set by the University’s Statutes.”

Section 14(2) is changed so that the criteria and modalities for nominating and electing the Chancellor must be set by the University’s Statutes. The Registrar must hold office for four years, and may be re-appointed for one further term only, subject to the appointment letter and the Technical University Statutes. The Director of Finance must hold office for four years and may be re-appointed for one further term only, subject to the appointment letter and the Technical University’s Statutes. Section 24 is amended so a Technical University may establish and supervise its academic units, and may enter agreements or relationships with other institutions, but both are subject to approval by the National Council for Tertiary Education. This section amends Section 26 by replacing one item with a reference to terms and conditions of service determined by the Fair Wages and Salaries Commission.

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Section 14 of Act 922 amended

Section 14(2) is changed so that the criteria and modalities for nominating and electing the Chancellor must be set by the University’s Statutes.

Section 1

Section 24 of Act 922 amended

Section 24 is amended so a Technical University may establish and supervise its academic units, and may enter agreements or relationships with other institutions, but both are subject to approval by the National Council for Tertiary Education.

Section 4

Section 27A of Act 922 inserted

A technical university covered by this Act must operate according to a Scheme of Service approved by the National Council for Tertiary Education.

Section 7

Section 40 of Act 922 amended

The Minister may make regulations, with advice and consultation, to amend the schedules on polytechnic-to-technical-university conversion and to give effect to the Act.

Section 9

First Schedule to Act 922 amended

This section amends the First Schedule to Act 922 by replacing the listed polytechnics with the named technical universities and listing two polytechnics to be converted.

Section 12

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Showing 12 of 12 provisions

Substitution 9Amendment 3

§ 1Section 14 of Act 922 amendedSubstitution

Section 14(2) is changed so that the criteria and modalities for nominating and electing the Chancellor must be set by the University’s Statutes.

Section 1—Section 14 of Act 922 amended Section 14 of the Technical Universities Act, 2016 (Act 922) referred to in this Act as the "principal enactment" is amended by the substitution for subsection (2) of “(2) The criteria and modalities for the nomination and election of the Chancellor shall be prescribed by the Statutes of the Technical University.”.

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§ 2Section 21 of Act 922 amendedSubstitution

The Registrar must hold office for four years, and may be re-appointed for one further term only, subject to the appointment letter and the Technical University Statutes.

Section 2—Section 21 of Act 922 amended Section 21 of the principal enactment is amended by the substitution for subsection (2) of “(2) The Registrar shall hold office (a) for a term of four years and is eligible for re-appointment for another term only; and (b) on the conditions specified in the letter of appointment in accordance with the Statutes of the Technical University.”. 3

Section 2Verify source

§ 3Section 22 of Act 922 amendedAmendment

The Director of Finance must hold office for four years and may be re-appointed for one further term only, subject to the appointment letter and the Technical University’s Statutes.

Section 3—Section 22 of Act 922 amended The principal enactment is amended in section 22 by the insertion after subsection (1) of “(1A) The Director of Finance shall hold office (a) for a term of four years and is eligible for re-appointment for another term only; and (b) on the conditions specified in the letter of appointment in accordance with the Statutes of the Technical University.”.

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§ 4Section 24 of Act 922 amendedSubstitution

Section 4—Section 24 of Act 922 amended Section 24 of the principal enactment is amended by (a) the insertion of "the" at the end of line 3 of subsection (1); (b) the substitution for paragraph (a) of subsection (1) of “(a) establishment, variation and supervision of academic divisions, Schools, Faculties, Institutes, Departments, Centres and hostels of that Technical University, subject to approval by the National Council for Tertiary Education;”; and (c) the substitution for paragraph (b) of subsection (2) of “(b) enter into an agreement or a relationship with another institution whether academic or non- academic and within or outside the country, subject to approval by the National Council for Tertiary Education;”.

Section 4Verify source

§ 5Section 26 of Act 922 amendedSubstitution

Section 5—Section 26 of Act 922 amended Section 26 of the principal enactment is amended by the substitution for subparagraph (ii) of paragraph (a) of “(ii) terms and conditions of service as determined by the Fair Wages and Salaries Commission,”.

Section 5Verify source

§ 6Section 27 of Act 922 amendedSubstitution

Technical universities must use standardized Statutes, and the National Council for Tertiary Education and university Councils must follow a staged drafting, circulation, approval, and validation process.

Section 6—Section 27 of Act 922 amended The principal enactment is amended by the substitution for section 27, of 27. “Procedure for enacting Statutes for Technical Universities (1) A Technical University established under this Act shall operate with standardized Statutes. (2) To enact the standardised Statutes under this Act, a draft Statutes shall be compiled by the National Council for Tertiary Education and circulated to members of the Council of each Technical University, at least fourteen days before the date of the meeting at which the draft standardised Statutes are to be considered. (3) The Council of a Technical University shall consider the draft standardised Statutes and may approve the draft standardised Statutes provisionally with or without amendment. (4) The draft standardised Statutes as provisionally approved, shall be circulated to the members of the Council and where in the opinion of the Council, the draft standardised Statutes affects academic or other matters, the draft standardised Statutes shall be circulated to 4 (a) the Academic Board; or (b) any other relevant body of the Technical University at least seven days before the meeting at which the draft standardised Statutes, with or without amendments, are intended to be validated. (5) Where the Council confirms any proposed amendment to the draft standardised Statutes, the Council shall forward the proposed amendments to the National Council for Tertiary Education for validation. (6) The draft standardised Statutes shall be validated by the National Council for Tertiary Education at a meeting of the Council to be held not less than one month and not more than six months after the meeting at which the draft standardised Statutes were previously approved. “(7) A Statute or a provision of a Statute enacted by a Technical University which is inconsistent with any provision of this Act, shall, to the extent of the inconsistency, be void.”

Section 6Verify source

§ 7Section 27A of Act 922 insertedAmendment

A technical university covered by this Act must operate according to a Scheme of Service approved by the National Council for Tertiary Education.

Section 7—Section 27A of Act 922 inserted The principal enactment is amended by the insertion of a new section 27A 27A.“Scheme of Service A Technical University established under this Act shall operate in accordance with the Scheme of Service approved by the National Council for Tertiary Education.”,

Section 7Verify source

§ 8Section 31 of Act 922 amendedSubstitution

A Technical University must not deal with its movable or immovable property unless the Minister approves it in consultation with the National Council for Tertiary Education.

Section 8—Section 31 of Act 922 amended Section 31 of the principal enactment is amended by the substitution for subsection (1) of “(1) Despite subsection (2) and (3) of section 1, a Technical University shall not acquire, hold movable and immovable property, sell, lease, mortage or otherwise alienate or dispose of that property without the approval of the Minister given in consultation with the National Council for Tertiary Education.”.

Section 8Verify source

§ 9Section 40 of Act 922 amendedSubstitution

The Minister may make regulations, with advice and consultation, to amend the schedules on polytechnic-to-technical-university conversion and to give effect to the Act.

Section 9—Section 40 of Act 922 amended The principal enactment is amended by the substitution for section 40, of 40. “Regulations The Minister may, on the advice of the National Council for Tertiary Education given in consultation with the National Accreditation Board, by legislative instrument, make Regulations (a) to amend the First Schedule to convert a qualified Polytechnic in Part 2 to a Technical University in Part 1; (b) to amend the Second Schedule in respect of the requirements for the conversion of a Polytechnic to a Technical University; and (c) for carrying out and giving effect to this Act.”.

Section 9Verify source

§ 10Section 42 of Act 922 amendedSubstitution

This section replaces subsection (6) to treat certain polytechnic staff as employees of the respective Technical University, subject to stated statutes and service requirements.

Section 10—Section 42 of Act 922 amended 5 Section 42 of the principal enactment is amended by the substitution for subsection (6) of “(6) A person in the employment of a polytechnic in existence immediately before the coming into force of this Act, shall; subject to the requirements of the standardised Statutes and Scheme of Service for the Technical University, be deemed to have been duly employed by the respective Technical University established under this Act. (6A) Despite subsection (6), a Key Officer of a Polytechnic whose appointment is based on the Statutes of a Polytechnic shall be deemed to be an employee, subject to the (a) standardised Statutes for the Technical University; and (b) appointment of substantive officers by the Council of the Technical University in accordance with the standardised Statutes.”.

Section 10Verify source

§ 11Section 41 of Act 922 amendedAmendment

This section adds new definitions to Section 41 of the principal enactment.

Section 11—Section 41 of Act 922 amended Section 41 of the principal enactment is amended by the insertion in alphabetical order of the following new definitions: “Key Officer” includes the Vice-Chancellor, the Pro Vice-Chancellor, the Registrar and the Director of Finance; “Scheme of Service” means a policy document outlining staffing positions, the duties and responsibilities at each level or designated post, the qualifications required for the post and the requirements for appointment or promotion to each post; “Standardised Statutes” means guidelines of general application to all technical universities.”

Section 11Verify source

§ 12First Schedule to Act 922 amendedSubstitution

This section amends the First Schedule to Act 922 by replacing the listed polytechnics with the named technical universities and listing two polytechnics to be converted.

Section 12—First Schedule to Act 922 amended The principal enactment is amended by the substitution for the First Schedule of “FIRST SCHEDULE Part 1 (Section 1) Technical Universities 1. Accra Polytechnic - Accra Technical University 2. Ho Polytechnic - Ho Technical University 3. Koforidua Polytechnic - Koforidua Technical University 4. Kumasi Polytechnic - Kumasi Technical University 5. Sunyani Polytechnic - Sunyani Technical University 6. Takoradi Polytechnic - Takoradi Technical University 7. Cape Coast Polytechnic - Cape Coast Technical University 8.Tamale Polytechnic - Tamale Technical University” Part 2 6 (Section 2) Polytechnics to be converted 1. Bolgatanga Polytechnic 2. Wa Polytechnic”. Date of Gazette Notification: 30th August, 2018

Section 12Verify source

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2 referenced instruments

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A–F

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First Schedule to Act
Section 12

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1 instrument

schedules on polytechnic-to-technical-university conversion and to give effect to the Act
Section 9

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