Ghana Act or statute

Parliament of Ghana

C.K. TEDAM UNIVERSITY OF TECHNOLOGY AND APPLIED SCIENCES ACT, 2019 (ACT 1000)

This section establishes the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession and gives it powers over property and contracts. The University…

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Jurisdiction: Ghana
Structure: 41 provisions
Citation: Act 1000
Dates: Undated source snapshot

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“This section establishes the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession and gives it powers over property and contracts.”

This section establishes the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession and gives it powers over property and contracts. The University must emphasize studies in integrated technology and applied sciences and maintain specified schools, while the Council may determine any other relevant schools or centres. The University is established in Navrongo, and the Council may decide to have campuses in other places. The University must award degrees, honorary degrees, diplomas and certificates, and it may withdraw an award if it has evidence of fraud, academic malpractice, or another act undermining the award’s integrity. This section sets out who makes up the University Council and requires the President to appoint and nominate certain members, while the Council chairperson presides over University ceremonies and meetings when the Chancellor is absent.

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Establishment of the University

This section establishes the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession and gives it powers over property and contracts.

Section 1

Allowances

Council members and committee members are to receive allowances approved by the Minister, after consultation with the Minister responsible for Finance.

Section 11

Functions of the Academic Board

The Academic Board must carry out the University’s academic functions, subject to the Council’s powers and accreditation requirements.

Section 21

Exemption from taxes, duties and other charges Miscellaneous Matters

The University is exempt from paying taxes, duties, and other charges, but only for items the Finance Minister determines with Parliament’s prior approval.

Section 31

Transitional matters SCHEDULE Oath of Office and Oath of Secrecy

This provision sets up an Interim Council until the main Council is established, gives the President power to appoint its members, and contains transitional rules for students, programmes, assets, and secrecy.

Section 41

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Showing 41 of 41 provisions

Provision 39InterpretationCommencement

§ 1Establishment of the UniversityProvision

This section establishes the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession and gives it powers over property and contracts.

Section 1—Establishment of the University (1) There is established by this Act, the C. K. Tedam University of Technology and Applied Sciences as a body corporate with perpetual succession. (2) For the performance of the functions of the University, the University may acquire and hold property, dispose of property and enter into a contract or any other related transaction. (3) Where there is a hindrance to the acquisition of land, the land may be acquired for the University under the State Lands Acts, 1962 (Act 125) and the cost shall be borne by the University.

Section 1Verify source

§ 2Aims of the UniversityProvision

The University must emphasize studies in integrated technology and applied sciences and maintain specified schools, while the Council may determine any other relevant schools or centres.

Section 2—Aims of the University (1) The aims of the University are to provide higher education, disseminate knowledge related to development in integrated technology and applied sciences, undertake research and foster relationships with persons outside the institution in accordance with the following principles: 4 (a) higher education shall be made equally accessible to each person qualified and capable of benefiting from that education; (b) in determining the subjects to be taught, consideration shall be given to courses of special relevance to the needs and aspirations of the country particularly in the north-eastern part of the country; (c) use of critical tools that include information and communication technology for teaching, research, dissemination of knowledge and administration; (d) institute curricula and pedagogy within the context of learner-centred and problem-based learning techniques that are practical and relevant to national needs and aspirations in integrated technology and applied sciences; (e) use teaching methods that 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 that are within the mandate of the University, but with special emphasis on— (i) integrated technology and applied sciences issues within and outside the country; and (ii) subjects that relate to the social, cultural, economic, scientific or technological aspects of integrated technology and applied sciences within and outside the country; (h) provide services through extension and consultancy in integrated technology and applied sciences-related activities to foster relationships with other persons; and (i) development of distance learning modules for integrated technology and applied sciences- related courses in higher education. (2) To achieve the aims of the Universty[sic] in subsection (1), the University shall emphasise studies in integrated technology and applied sciences and shall have (a) School of Health, Environmental and Life Sciences; (b) School of Physical and Biochemical Sciences; (c) School of Engineering; (d) School of Medicine; and (e) any other relevant integrated technology and applied sciences schools, faculties, institutes and centres as the Council may determine.

Section 2Verify source

§ 3Campuses of the UniversityProvision

The University is established in Navrongo, and the Council may decide to have campuses in other places.

Section 3—Campuses of the University The University is established in Navrongo with campuses in any other place that the Council may determine.

Section 3Verify source

§ 4Award of degrees, diplomas and certificates Governance of the UniversityProvision

The University must award degrees, honorary degrees, diplomas and certificates, and it may withdraw an award if it has evidence of fraud, academic malpractice, or another act undermining the award’s integrity.

Section 4—Award of degrees, diplomas and certificates 5 (1) The University shall, in accordance with subsection (8) of section 14, award degrees, honorary degrees, diplomas and certificates. (2) The University may withdraw a degree, honorary degree, diploma or certificate the University has awarded, if the University has evidence that proves that (a) the degree, honorary degree, diploma or certificate was obtained through fraud, academic malpractice; or (b) the process of acquiring the degree, honorary degree, diploma or certificate was tainted by an act that, in the opinion of the University, undermines the integrity of the award. Governance of the University

Section 4Verify source

§ 5The University CouncilProvision

This section sets out who makes up the University Council and requires the President to appoint and nominate certain members, while the Council chairperson presides over University ceremonies and meetings when the Chancellor is absent.

Section 5—The University Council (1) The governing body of the University is a Council consisting of— (a) a chairperson, nominated by the President; (b) the Vice-Chancellor of the University; (c) three persons, nominated by the President, at least one of whom is a woman; (d) one representative of the University Teachers' Association of Ghana elected by the University Teachers' Association of Ghana; (e) one representative of the University Senior Staff Association of Ghana elected by the Association; (f) one representative of the Teachers' and Educational Workers' Union elected by the Teachers' and Educational Workers' Union; (g) one representative of the Conference of Heads of Assisted Secondary Schools elected by the Conference of Heads of Assisted Secondary Schools; (h) one representative of the students of the University, elected by the Students' Representative Council and Graduate Students' Association; and (i) an alumni with expertise in Technology or Applied Sciences from industry nominated by the Alumni Association of the University. (2) The President shall, in making the nominations under paragraphs (a) and (c) of subsection (1), have regard to the academic qualifications, leadership qualities, gender, expertise in finance and management, knowledge and relevant experience in integrated technology and applied sciences. (3) The chairperson and other members of the Council shall be appointed by the President in accordance with article 70 of the Constitution. (4) The chairperson of the Council shall, in the absence of the Chancellor, preside at the Congregation and other ceremonies and meetings of the University.

Section 5Verify source

§ 6Functions of the CouncilProvision

The Council must carry out listed university governance functions, including implementing the University’s aims, setting strategy, monitoring policy, managing finances, protecting resources, promoting equal opportunity, and making certain professorial appointments.

Section 6—Functions of the Council The Council shall— 6 (a) ensure the implementation of the aims of the University; (b) determine the strategic direction of the University; (c) monitor and evaluate the implementation of policies of the University; (d) promote income-generating activities as part of the programme of the University; (e) control the finances of the University and determine the allocation and proper use of funds of the University; (f) ensure the conservation and augmentation of the resources of the University, specifically in relation to matters affecting income or expenditure; (g) ensure the creation of an environment of equal opportunity for members of the University; and (h) make professorial level appointments on the recommendation of the Appointment Committee of the Academic Board as may be determined in the Statutes of the University.

Section 6Verify source

§ 7Tenure of office of members of the CouncilProvision

Council members (except the Vice-Chancellor) serve a 3-year term, may be reappointed once, may resign in writing through the Minister to the President, and lose office after three consecutive unexplained absences.

Section 7—Tenure of office of members of the Council (1) A member of the Council, other than the Vice-Chancellor, shall hold office for a term of three years and is eligible for re-appointment for another term only. (2) Where a member of the Council is absent from three consecutive meetings without reasonable cause, the office of that member shall become vacant. (3) A member of the Council, other than the Vice-Chancellor, may resign from office in writing, addressed to the President through the Minister. (4) Where the office of a member becomes vacant by death, resignation or the absence of the member for three consecutive meetings without reasonable cause, another person, nominated by the relevant body, shall be appointed for the unexpired term of the office.

Section 7Verify source

§ 8Meetings of the CouncilProvision

The Council must meet at least three times each academic year, with the chairperson deciding the time and place, and specific rules apply for quorum, presiding, voting, and co-option.

Section 8—Meetings of the Council (1) The Council shall meet, at least, three times in each academic year for the despatch of business at a time and in a place determined by the chairperson. (2) The quorum at a meeting of the Council is seven members of the Council. (3) The chairperson shall preside at a 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 the 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 (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. (8) Subject to this section, the Council may by Statutes of the University, determine the procedure for the meetings of the Council.

Section 8Verify source

§ 9Disclosure of interestProvision

Council members with an interest in a matter must disclose it in writing and must not take part in the Council’s deliberations on that matter.

Section 9—Disclosure of interest (1) A member of the Council who has an interest in a matter for consideration by the Council shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Council in respect of that matter. (2) Where a person contravenes subsection (1), the chairperson shall notify the Minister who shall inform the President in writing to revoke the appointment of that member. (3) Without limiting any further cause of action that may be instituted against the member, the Council shall, in addition to the revocation of the appointment of the member, recover the benefit derived by the member who contravenes subsection (1).

Section 9Verify source

§ 10Establishment of committeesProvision

The Council may create standing or ad-hoc committees and give them functions it thinks are appropriate.

Section 10—Establishment of committees (1) For the purpose of achieving the aims of the University, the Council may establish standing or ad-hoc committees, made up of members or non-members of the Council and assign them functions that the Council considers appropriate. (2) A committee comprised entirely of non members of the Council shall be advisory.

Section 10Verify source

§ 11AllowancesProvision

Council members and committee members are to receive allowances approved by the Minister, after consultation with the Minister responsible for Finance.

Section 11—Allowances 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.

Section 11Verify source

§ 12General powers of the Council Administration of the UniversityProvision

The Council has general power to do or provide for matters relating to the University that it considers necessary or expedient, subject to the Act.

Section 12—General powers of the Council (1) Subject to 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. Administration of the University

Section 12Verify source

§ 13Principal Officers of the UniversityProvision

The University’s principal officers are the Chancellor, the chairperson of the Council, and the Vice-Chancellor; they must take and subscribe to the Oath of Office and Oath of Secrecy before assuming office.

Section 13—Principal Officers of the University (1) The Principal Officers of the University are the— (a) Chancellor; (b) chairperson of the Council; and (c) Vice-Chancellor. (2) The Principal Officers of the University shall, before assuming office, take and subscribe to the Oath of Office and Oath of Secrecy as specified in the Schedule.

Section 13Verify source

§ 14Chancellor of the UniversityProvision

The University must have a Chancellor, and the Council must appoint one.

Section 14—Chancellor of the University 8 (1) The University shall have a Chancellor. (2) The Council shall appoint a Chancellor for the University. (3) The Chancellor is the head of the University and the Chancellor takes precedence over the other officers of the University. (4) The criteria and modalities for the nomination and election of the Chancellor shall be prescribed by the Statutes of the University. (5) The Chancellor shall hold office for a term of five years and is eligible for re-appointment for another term only. (6) The Chancellor shall preside at Congregation, meetings and other ceremonies of the University at which the Chancellor is present. (7) The Chancellor shall be served with the summons, minutes and other documents related to meetings of the Council and may attend the meetings. (8) The Chancellor shall confer on qualified persons, degrees honorary degrees, diplomas and certificates awarded by the University in accordance with this Act and procedures prescribed by the Statutes of the University. (9) Where the integrity and welfare of the University are threatened by any matter, the Chancellor may in consultation with the Council intervene. (10) The Chancellor may delegate functions under subsection (8) by directives in writing to the Council.

Section 14Verify source

§ 15Vacancy in office of the ChancellorProvision

The Chancellor’s office becomes vacant if the Chancellor resigns, dies, is incapacitated, is removed, or the term expires.

Section 15—Vacancy in office of the Chancellor (1) The Office of the Chancellor shall become vacant on— (a) resignation; (b) death; (c) incapacitation; (d) removal from office; or (e) the expiry of the term. (2) The grounds and procedures for the removal from the office of the Chancellor shall be contained in the Statutes of the University.

Section 15Verify source

§ 16Vice-Chancellor of the UniversityProvision

The University must have a Vice-Chancellor, the Council must appoint one, and the Vice-Chancellor serves a four-year term.

Section 16—Vice-Chancellor of the University (1) The University shall have a Vice-Chancellor. (2) The Council shall appoint a Vice-Chancellor for the University in accordance with the Statutes of the University. (3) The Vice-Chancellor shall hold office on the terms and conditions specified in the letter of appointment. 9 (4) The Vice-Chancellor shall hold office for a term of four years and is eligible for re- appointment for another term only. (5) The Vice-Chancellor is the academic and administrative head and chief disciplinary officer of the University. (6) The Vice-Chancellor is responsible to the Council for maintaining order and ensuring the efficient administration of the University. (7) The Vice-Chancellor shall perform such other functions as may be prescribed by the Statutes of the University.

Section 16Verify source

§ 17Pro Vice-Chancellor of the UniversityProvision

The University must have a Pro-Vice Chancellor, appointed by the Council, who serves for three years and must take the required oaths before starting office.

Section 17—Pro Vice-Chancellor of the University (1) The University shall have a Pro-Vice Chancellor. (2) The Council shall appoint a Pro Vice-Chancellor for the University in accordance with the Statutes of the University. (3) The Pro Vice-Chancellor shall hold office for a term of three years and is eligible for re- appointment for another term only. (4) The Pro Vice-Chancellor shall attend a Council meeting, but shall not vote at the meeting. (5) The Pro Vice-Chancellor shall be assigned such duties as the University Council or the Vice-Chancellor shall determine. (6) The Pro Vice-Chancellor shall perform the functions of the Vice-Chancellor in the absence of the Vice-Chancellor. (7) The Pro Vice-Chancellor shall, before assuming office, take and subscribe to the Oath of Office and Oath of Secrecy as specified in the Schedule.

Section 17Verify source

§ 18Academic BoardProvision

An Academic Board of the University is established, and it is answerable to the Council.

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

Section 18Verify source

§ 19Composition of the Academic BoardProvision

The Academic Board is made up of specified University officers, staff, and elected representatives, with the Vice-Chancellor as chairperson and the Registrar as secretary.

Section 19—Composition of the Academic Board (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; 10 (ii) a School; (iii) an Institute; (iv) a Centre; and (v) a Faculty elected in accordance with the Statutes of the University; (h) the Librarian of the University; (i) the Registrar of the University who is the Secretary; and (j) nine other members of the University, five of whom are nonteaching staff, elected by Convocation, in accordance with the Statutes of the University. (2) A person who is a member of the Academic Board by virtue of office may be represented at a meeting of the Academic Board by a person designated by that member.

Section 19Verify source

§ 20Committees of the Academic BoardProvision

The Academic Board may set up standing and ad-hoc committees to help carry out its functions, subject to the University Statutes.

Section 20—Committees of the Academic Board (1) The Academic Board may establish standing and ad-hoc committees for the purpose of carrying out the functions of the Board under this Act as may be determined by the Statutes of the University. (2) A committee of the Academic Board comprised entirely of non-members shall be advisory only.

Section 20Verify source

§ 21Functions of the Academic BoardProvision

The Academic Board must carry out the University’s academic functions, subject to the Council’s powers and accreditation requirements.

Section 21—Functions of the Academic Board 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, honorary degrees, diplomas and certificates; (e) authorise research grants; (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 in the Statutes of the University.

Section 21Verify source

§ 22RegistrarProvision

The University must have a Registrar, the Council must appoint the Registrar, and the Registrar must take the required oaths before starting office.

Section 22—Registrar (1) The University shall have a Registrar. 11 (2) The Council shall appoint the Registrar for the University in accordance with the Statutes of the University. (3) 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 University. (4) The Registrar is the Secretary to the— (a) Office of the Chancellor; (b) Council; and (c) Academic Board. (5) The Registrar is responsible to the Vice-Chancellor for the day today administration of the affairs of the University. (6) The Registrar is the chief administrative officer of the University, under the Vice- Chancellor. (7) The Registrar may perform any other functions provided for in the Statutes of the University. (8) The Registrar shall, before assuming office, take and subscribe to the Oath of Office and Oath of Secrecy, as specified in the Schedule.

Section 22Verify source

§ 23Director of FinanceProvision

The Council must appoint a Director of Finance for the University, and the Director must perform the functions set by the University Statutes.

Section 23—Director of Finance (1) The Council shall appoint a Director of Finance for the University in accordance with the Statutes of the University. (2) The Director of Finance shall perform the functions as prescribed in the Statutes of the University. (3) The Director of Finance is responsible to the Vice-Chancellor in the performance of the functions of the office. (4) 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 University.

Section 23Verify source

§ 24Appointment of other staff 2Provision

The Council may appoint other staff, following the University’s Statutes and only as needed for effective performance of the University’s functions.

Section 24—Appointment of other staff The Council may, in accordance with the Statutes of the University, appoint other staff as may be necessary for the effective performance of the functions of the University.

Section 24Verify source

§ 25Internal Audit UnitProvision

The University must have an Internal Audit Unit, headed by an Internal Auditor, and the Internal Auditor must carry out internal audit reporting and recommendations.

Section 25—Internal Audit Unit (1) The University shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921). 12 (2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). (3) The Internal Auditor is responsible for the internal audit of the University. (4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months— (a) prepare and submit to the Council, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and (b) make recommendations in each report with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the University. (5) The Internal Auditor shall in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to— (a) the chairperson of the Council; and (b) the Minister.

Section 25Verify source

§ 26Internal organisation of the University Financial MattersProvision

The Council may arrange the University’s internal organisation, and the University may enter agreements or relationships with other institutions. The Council must consult the Academic Board before exercising subsection (1) powers on academic matters.

Section 26—Internal organisation of the University (1) Subject to 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, Halls of Residence, Hostels and other bodies in the campus in Navrongo and any other place as the Council may determine; (b) award of professorships and promotion of lecturers; (c) appointment of academic or administrative staff; (d) conferment of honorary degrees; and (e) award of 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. Financial Matters

Section 26Verify source

§ 27Funds of the UniversityProvision

University funds include approved money, internal income, investment returns, and gifts, and the Council may invest funds not needed immediately.

Section 27—Funds of the University (1) The funds of the University include— (a) moneys approved by Parliament; 13 (b) internally generated funds including (i) fees paid by students of 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 University; and (iv) grants, loans, subscriptions, rents and royalties; (c) returns on investments; and (d) endowments, donations and gifts. (2) Any sum of money received on behalf of the University shall be paid into a bank account of the University, opened on the authority of the Council and with the approval of the Controller and Accountant-General. (3) 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. (4) The Council may invest the funds of the University that are not required for immediate use as the Council considers appropriate.

Section 27Verify source

§ 28Borrowing powersProvision

The University may borrow money, subject to the Constitution and the Public Financial Management Act, and may use University property as security for that borrowing.

Section 28—Borrowing powers (1) Subject to article 181 of the Constitution and section 76 of the Public Financial Management Act, 2016 (Act 921), the University may borrow money. (2) The University may, for the purpose of borrowing money under subsection (1), use a property for the University as security.

Section 28Verify source

§ 29Accounts and auditProvision

The Council must ensure the University keeps accounting records in the Auditor-General’s approved form, submit annual accounts for audit, and the Auditor-General must audit and report within six months after the preceding financial year ends.

Section 29—Accounts and audit (1) The Council shall ensure that the University keeps books of account, records, returns and other documents relevant to the accounts 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 at the end of the financial year. (3) The accounts shall be under the signature of the Vice-Chancellor and the Director of Finance. (4) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the "accounts and submit the report to Parliament and forward a copy of the audit report to the Minister and the Council. (5) The financial year of the University is the same as the financial year of the Government.

Section 29Verify source

§ 30Annual report and other reportsProvision

The Council must send an annual report to the Minister within 30 days after receiving the audit report, share a copy with the tertiary education regulator, and provide any other written report the Minister requests. The Minister must then send the annual report to Parliament within 30 days of receiving it, together with any statement the Minister considers necessary.

Section 30—Annual report and other reports (1) The Council shall, within thirty days after receipt of the audit report, submit to the Minister an annual report covering the activities and the operations of the University for the year to which the report relates and make a copy of that report available to the body responsible for regulating tertiary education. 14 (2) The annual report shall include— (a) the report of the Auditor-General; and (b) a report on the operations, admissions, sources and use of the funds of the University, challenges, significant events and major policies of the University. (3) The Minister shall, within thirty days of receipt of the annual report from the University, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Council shall submit to the Minister any other report which the Minister may require in writing.

Section 30Verify source

§ 31Exemption from taxes, duties and other charges Miscellaneous MattersProvision

The University is exempt from paying taxes, duties, and other charges, but only for items the Finance Minister determines with Parliament’s prior approval.

Section 31—Exemption from taxes, duties and other charges 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

Section 31Verify source

§ 32Statutes of the UniversityProvision

The Council must enact University Statutes to implement the Act.

Section 32—Statutes of the University (1) The Council shall enact Statutes of the University for the implementation of this Act. (2) The Statutes shall— (a) regulate the (i) appointment; (ii) terms and conditions of service as determined by the Fair Wages and Salaries Commission, (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; (f) ensure that the seal of the University is kept under proper custody and is used only on the authority of the Council; (g) provide for the procedure for settlement of disputes; and (h) provide for any matter required by this Act to be prescribed by the Statutes of the University.

Section 32Verify source

§ 33ConvocationProvision

The Registrar must keep and publish the Convocation register each academic year, and the Convocation must meet and handle reports and requests as set out here.

Section 33—Convocation 15 (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 the Convocation which shall be published each academic year. (3) A person whose name appears on the register may 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 Convocation shall 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.

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§ 34MatriculationProvision

A student admitted to the University must take the Matriculation Oath and sign the Matriculation Register; if the student does not sign, the University may stop the student from graduating.

Section 34—Matriculation (1) A student admitted to the University shall take the Matriculation Oath and sign the Matriculation Register as provided in the Statutes of the University. (2) A student who fails to sign the Matriculation Register may be prevented by the University from graduating.

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§ 35CongregationProvision

The University may hold a Congregation made up of persons set by the University Statutes.

Section 35—Congregation The University may hold a Congregation composed of the persons prescribed by the Statutes of the University for the purpose of conferring degrees and awarding diplomas and certificates.

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§ 36Student governanceProvision

The University must have a Students’ Representative Council, and the Council is to represent duly admitted and registered students.

Section 36—Student governance (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, representation on appropriate bodies and organs of the University.

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§ 37Intellectual propertyProvision

University-funded work and research IP vests in the University, and the Council may set incentives for the people doing that work.

Section 37—Intellectual property 16 (1) 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. (2) The Statutes of the University enacted by the Council under section 32, shall provide for the creation, ownership and use of intellectual property, including copyright, patents, trademarks, trade names and industrial designs by employees of the University in accordance with the laws on intellectual property. (3) The Council shall for the purpose of subsection (2), 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.

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§ 38Anti-discriminationProvision

The University and its officers must not discriminate on listed grounds when admitting, registering, graduating, appointing, promoting, or granting benefits.

Section 38—Anti-discrimination (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 the race, ethnic origin, political opinion, colour, gender, occupation, religion or creed, disability, social or economic status of that person 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 member; (e) promoted as an academic staff or other staff member; or (f) 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 to the grounds stated in subsection (1).

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§ 39AppealsProvision

This section creates the Appeals Board and requires the Council to appoint its members and make rules for how it operates.

Section 39—Appeals (1) Subject to subsection (2), disputes on— (a) acts or omissions in contravention of this Act or the Statutes of University; (b) breach of an employment contract 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; and (e) any other matter or dispute specified in the Statutes shall be settled in accordance with the Statutes of the University. 17 (2) There is established by this Act a body to be known as the C.K. Tedam University of Technology and Applied Sciences Appeals Board. (3) The Council shall appoint the members of the Appeals Board. (4) The Appeals Board shall consist of— (a) a chairperson who is a retired Justice of the Superior Courts of Judicature or a lawyer qualified to be appointed as Justice of the Superior Courts of Judicature; (b) two lawyers of at least ten years standing at the Bar who are persons of high moral integrity and professional intergrity[sic], at least one of whom is a woman; and (c) two other persons of high moral integrity who are not lawyers or employees of the University, at least one of whom is a woman. (5) The Appeals Board shall hear and determine on appeal matters on— (a) acts or omissions in contravention of this Act or the Statutes of the University; (b) breach of an employment contract by the University; (c) the promotion of persons duly employed by the University; (d) grievances by students against the University on issues of welfare and discipline; and (e) any other matter or dispute referred to the Appeals Board by the Council. (6) 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. (7) In the absence of the chairperson, one of the two lawyers as specified in paragraph (b) of subsection (4), shall act as chairperson. (8) The Council shall establish the rules and procedure which govern— (a) the operation of the Appeals Board; (b) the appointment and remuneration of the members of the Appeals Board; (c) the functions of the chairperson of the Appeals Board; (d) the establishment of the Secretariat of the Appeals Board; and (e) any other relevant matter.

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§ 40InterpretationInterpretation

This section defines several terms used in the Act, including the Appeals Board, Convocation, Council, Institute, interest, Matriculation, Minister, Statutes of the University, and University.

Section 40—Interpretation In this Act, unless the context otherwise requires, ''Appeals Board" means the C.K. Tedam University of Technology and Applied Sciences Appeals Board, established under subsection (2) of section 39; "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; 18 "Institute" means a multi-disciplinary research or service establishment which focuses primarily, on multi-disciplinary research and on the provision of extension services; "interest" in relation to "disclosure of interest" includes pecuniary, material, academic and relational interest in a matter being deliberated upon or decided upon by the University; "Matriculation" means an event at which a person is formally recognised as a student of the University; "Minister" means the Minister responsible for Education; "Statutes of the University" means administrative guidelines enacted by the Council in accordance with the Act to govern the internal operations of the University; and "University" means the C. K. Tedam University of Technology and Applied Sciences established under section 1.

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§ 41Transitional matters SCHEDULE Oath of Office and Oath of SecrecyCommencement

Section 41—Transitional matters (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 of not more than one year. (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 sections 6 and 32. (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) A student of the University for Development Studies before the commencement of this Act shall on the coming into force of this Act, graduate as a student of the University for Development Studies. (6) All ongoing accredited programmes of the University for Development Studies before the commencement of this Act shall, on the coming into force of this Act, remain a programme of the University. (7) All assets and liabilities of the University for Development Studies at the Navrongo campus before the enactment of this Act shall, on the coming into force of this Act, be transferred to the University. (8) The University shall be guided in the operations of the University by accredited Universities in this country for a period of not more than one year. (9) In furtherance of subsection (7), the Minister and the regulatory body responsible for tertiary education shall ensure the equitable transfer of assets and liabilities. SCHEDULE OATH OF OFFICE AND OATH OF SECRECY OATH OF OFFICE (Sections 13 (2), 17 (7) and 22 (8)) 19 I, ………………………………………………, do (in the name of the Almighty God (swear) (solemnly affirm) that I will, at all times, well and truly serve the C.K. Tedam University of Technology and Applied 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 Minister or such other person as the President may designate). OATH OF SECRECY (Sections 13 (2), 17 (7) and 22 (8)) I, …………………………………………………………………………..., holding the office of do (in the name of the Almighty God) (swear) (solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specifically permitted by law (So, help me God). ………………………………………………………………………………………………...... ....……………….. (To be sworn before the Minister or such other person as the President may designate) Date of Gazette Notification: 23rd August, 2019.

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Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Board under this Act
Section 20
Constitution and section 76 of the Public Financial Management Act, 2016
Section 28
Council (1) Subject to this Act
Section 12

N–S

1 instrument

Public Financial Management Act, 2016
Section 25

T–Z

5 instruments

University (1) Subject to this Act
Section 26
University (1) There is established by this Act
Section 1
University for Development Studies before the commencement of this Act
Section 41
University The Council must enact University Statutes to implement the Act
Section 32
University. 17 (2) There is established by this Act
Section 39

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