LAWS  OF GHANA

KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY, KUMASI ACT, 1961  ACT 80

ARRANGEMENT OF SECTIONS

The University

1. Establishment of the University.

2. Aims.

3. Principal officers.

4. Chancellor.

Administration

5. Chairman of University Council.

6. Vice-Chancellor.

7. University Council.

8. Academic Board.

9. Registrar.

10. General powers of the University Council.

11. Internal organisation of the University.

12. Property and contracts.

Financial and Miscellaneous

13. Accounts.

14. Annual report.

15. University Statutes.

16. Abolition of the Kumasi College of Technology.

17. Transitional provisions.

18. Commencement.

Schedule University Council

ACT 80

KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY, KUMASI ACT,

19611(1)

AN ACT to establish the Kwame Nkrumah University of Science and Technology, Kumasi in place

of the Kumasi College of Technology.

The University

1. Establishment of University

(1) There is hereby established a university under the name of the Kwame Nkrumah University of

Science and Technology, Kumasi.2(2)

(2) The University is a body corporate, with perpetual succession and a common seal and may sue and

be sued in its corporate name.

(3) Without prejudice to its other powers, the University may award its own degrees.

2. Aims

The aims of the University are to provide higher education, to undertake research, to disseminate

knowledge and to foster relationships with outside persons and bodies; and to do so in accordance with

the following principles,

(a) that in determining the subjects to be taught emphasis should be placed on those which are of

special relevance to the needs and aspirations of Ghanaians, including the furtherance of

African unity;

(b) that higher education should be available to Ghanaians who are capable of benefiting from it;

(c) that so far as practicable students should be given an understanding of world affairs, and in

particular of the histories, institutions and cultures of African civilisations;

(d) that students should be taught methods of critical and independent thought, while being

made aware that they have a responsibility to use their education for the general benefit;

(e) that research should be undertaken in the subjects which are taught in the University, but

with special attention to subjects which relate to the social, cultural, economic, scientific,

technical and other problems which exist in the Republic or elsewhere in Africa;

(f) that opportunities for higher education and research should be provided for students from

other countries, particularly countries in Africa;

(g) that the fruits of research, and knowledge generally, should be spread abroad by the

publication of books and papers and by any other suitable means;

(h) that the University should develop close relationships with the people of the Republic and

with other cultural institutions, whether within the Republic or outside.

3. Principal Officers

The principal officers of the University are the Chancellor, the chairman of the University Council and

the Vice-Chancellor.

4. Chancellor

The Chancellor as the head of the University shall be appointed by the President acting in accordance

with the advice of the University Council.3(3)

Administration

5. Chairman of University Council

The chairman of the University Council shall be appointed by the Chancellor and shall act for the

Chancellor in the absence of the Chancellor.

6. Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the University Council, and is under the Council, the

academic and administrative head and chief disciplinary officer of the University.

(2) A person shall not be appointed as Vice-Chancellor unless the appointment has been approved by

the Chancellor.

(3) A Pro-Vice-Chancellor shall be appointed by the University Council in accordance with the

Statutes of the University.

(4) A Pro-Vice-Chancellor shall act as Vice-Chancellor when the post of Vice-Chancellor is vacant or

the Vice-Chancellor is absent or is unable to act.

7. University Council

(1) The governing body of the University is the University Council consisting of

(a) the chairman,

(b) the Vice-Chancellor,

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

status,

(d) one representative of the University Teachers Association,

(e) one representative of the under-graduate students of the University,

(f) one representative of the post-graduate students of the University,

(g) one representative of the Committee for the Defence of the Revolution of the University,

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

(i) one representative of the Education Commission,

(j) one representative of the Conference of Heads of Assisted Secondary Schools,

(k) one representative of the Alumni Association of the University, and

(l) three other persons including at least one woman.4(4)

(2) The Schedule shall apply with respect to the members and meetings of the University Council.

8. Academic Board

(1) There shall be an Academic Board, which shall be responsible, under the University Council, for

(a) formulating and carrying out the academic policy of the University;

(b) devising and regulating courses of instruction and study, and supervising research;

(c) regulating the conduct of examinations and the award of degrees, diplomas and certificates;

(d) advising the University Council on the admission of students and the award of scholarships;

(e) reporting on the matters that are referred to it by the University Council.

(2) The Academic Board may make representations to the University Council on a matter connected

with the University, and shall perform any other functions conferred on it by the Statutes of the

University.

(3) The Academic Board shall consist of the Vice-Chancellor and at least nine other persons drawn

from the academic staff in accordance with the Statutes of the University.

9. Registrar

There shall be a Registrar to the University, who shall be appointed by, and act as secretary to, the

University Council.

10. General powers of University Council

The University Council may do or provide for an act or thing in relation to the University which it

considers necessary or expedient in its capacity as the governing body, and the conferring of particular

powers on the Council by any other provision of this Act does not limit the generality of this section.

11. Internal organisation of University

(1) The University Council may make the arrangements for the internal organisation of the

University, including the establishment, variation and supervision of

(a) the halls of residence, faculties, institutes, schools, departments and any other bodies,

whether in Kumasi or elsewhere;

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

otherwise;

(c) fellowship, bursaries, exhibitions, scholarships, prizes, honorary degrees and any other

awards.

(2) In so far as they relate to matters which in the opinion of the Council are academic matters, the

Council shall exercise the powers referred to in subsection (1) only after consultation with the Academic

Board.

12. Property and contracts

(1) The University may for a purpose which in the opinion of the University Council is necessary or

expedient for or in connection with the performance of the functions of the University, acquire and hold

moveable or immoveable property, sell, lease, mortgage or otherwise alienate or dispose of that property,

and to enter into any other transaction.

(2) Where the University Council resolves that it is necessary or expedient to acquire property under

subsection (1) the property may be treated as property required for the Public Services, and the State

Property and Contracts Act, 1960 (C.A. 6) shall apply accordingly with the modifications that are

necessary to provide for the vesting of the property acquired in the University and for the cost of

acquisition to be defrayed by the University.

Financial and Miscellaneous

13. Accounts

The University Council shall cause the accounts of the University to be drawn up, audited in

accordance with article 187 of the Constitution, and published annually at the times and in the manner

directed by the Minister responsible for Finance.

14. Annual report

Within six months after the end of each academic year the University Council shall cause a report of

the activities of the University during that year to be drawn up and made available to the public.

15. University Statutes

(1) The University Council may enact Statues for carrying the Act into effect and in particular for

(a) regulating the appointment, conditions of service, termination of appointment and retirement

benefits of the staff of the University, and for determining the persons who form the

academic staff for the purposes of this Act;

(b) determining the persons who are authorised to sign contracts, cheques and any other

documents on behalf of the University, and otherwise regulating procedure in relation to

transactions entered into by the University;

(c) fixing the academic year of the University; and

(d) securing that the seal of the University is kept in proper custody and is used only on the

authority of the University Council.

(2) A Statute of the University is enacted if,

(a) a draft of the Statute has been circulated to the members of the University Council at least

fourteen days before the meeting at which it is to be considered; and after consideration by

the meeting the draft has been provisionally approved without amendment or only with

amendments of which notice in writing was circulated to the members at least three days

before the meeting;

(b) the Statute as provisionally approved has been circulated to the members of the University

Council, and where in the opinion of the Council it affects academic matters, to the members

of the Academic Board, at least seven days before the meeting at which it is proposed to

confirm the Statute; and

(c) the provisional Statute is confirmed without amendment at a meeting of the University

Council held not less than one month nor more than six months after the meeting at which it

was provisionally approved.

16. Abolition of Kumasi College of Technology

(1) The Kumasi College of Technology is hereby abolished and the body corporate styled the Council

of the Kumasi College of Technology is hereby dissolved.

(2) The property which at the commencement of this Act was vested in the Council of the Kumasi

College of Technology or was in any other manner held on behalf of, or for the purposes of, the Kumasi

College of Technology, shall by virtue of this Act similarly vest in or be held on behalf of, or for the

purposes of, the University.

(3) A contract entered into by the Council of the Kumasi College of Technology shall have effect as if

entered into by the University, and the obligations subsisting against the Council shall continue to subsist

against the University.

(4) The Minister responsible for Finance may make a scheme for safeguarding the pension rights of

the staff of the Kumasi College of Technology.

(5) Except where otherwise provided by this Act, and until otherwise provided in the performance of

functions conferred by this Act, any other matters and things relating to the Kumasi College of

Technology shall continue as nearly as may be in relation to the University.

17. Transitional provisions

Spent.5(5)

18. Commencement

Spent.6(6)

Schedule

UNIVERSITY COUNCIL

MEMBERS

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

years, but a person so appointed is eligible for re-appointment.7(7)

2. Where an appointment or elected member, other than a member elected by the Council, is absent

from the Republic for a continuous period of twelve months, the office of that member becomes vacant at

the end of that period.

3. Where the office of an appointed or elected member becomes vacant on death or resignation, or by

virtue of paragraph 2, a successor shall be appointed or elected in the same manner to serve for the

remainder of the term of office.

4. Where an appointed or elected member is temporarily absent from the Republic a substitute may be

appointed or elected in the same manner to act during that absence.

5. An appointment or election may be made in anticipation of the vacation of office or temporary

absence of a member.

6. A member whose office has or will become vacant is eligible for re-appointment or re-election.

7. A member shall not hold office under more than one provision of section 7 of this Act, and if a

person is appointed or elected under more than one provision that person shall choose one of those

provisions under which to hold office and shall so notify the Council and another person shall be

appointed or elected under the other provision.

8. An act of the Council shall not be invalidated by a vacancy in its membership or a defect in the

appointment or election of any of its members.

9. A member of the Council is not entitled to remuneration in respect of membership, but a member is

entitled to the travelling and subsistence allowances determined by the Council.

MEETINGS

10. The Council shall meet at least three times in every academic year.

11. A meeting may be convened by any of the principal officers of the University, and shall be

convened if eight members of the Council sign a requisition to that effect.

12. The Chancellor shall preside at meetings of the Council and in the absence of the Chancellor the

chairman of the Council shall act as chairman unless the chairman also is absent, in which case the

members present shall elect a chairman.

13. The quorum at meetings of the council is eight.

14. Questions shall be decided by a simple majority of the votes cast.

15. The chairman shall have an original vote and a casting vote.

16. The Pro-Vice-Chancellor, the Registrar and a representative of Ministry of Education shall attend

meetings of the Council but shall not vote on any matter before the Council.8(8)

Endnotes

1 (Popup - Footnote)

1. The Act was assented to on 22nd August, 1961. The short title to the 1961 Act which established this

University was the University of Science and Technology, Kumasi Act, 1961 (Act 80). The short title was changed

to the present short title by the University of Science and Technology, Kumasi (Amendment) Act, 1998 (Act 559).

2 (Popup - Footnote)

2.

Amended by the University of Science and Technology, Kumasi (Amendment) Act, 1998 (Act 559).

3 (Popup - Footnote)

3. Article 68 of the Constitution debars the President as Head of State from holding the office of Chancellor of

a University.

4 (Popup - Footnote)

4.

Amended by the University of Science and Technology, Kumasi (Amendment) Law, 1990 (P.N.D.C.L. 240).

5 (Popup - Footnote)

5.

The section provided that,

“(1)

Until the date of the first meeting of the University Council, the body appointed by the President and

known as the Interim Council of the University of Science and Technology, Kumasi shall have and

exercise all the functions conferred by this Act on the University Council, and any act done by the

said Interim Council before that date (whether before or after the commencement of this Act) shall

have the like effect as if done by the University Council.

(2)

For the purpose of determining the composition of the University Council in the first instance,

paragraph (g) of section 7 of this Act shall not apply and the four members therein referred to shall be

elected before the first meeting of the University Council in accordance with arrangements made by

the Interim Council and, notwithstanding anything in the Schedule to this Act, shall hold office for

one year only, but shall be eligible for re-election.

(3)

Notwithstanding anything in the Schedule to this Act, the term of office of the first members of the

University Council to be appointed for elected under section 7 of this Act shall be one year only in the

case of the following, who shall nevertheless be eligible for reappointment or re-election;

(i) two persons nominated by the Chancellor out of the four appointed by him;

(ii)

the person elected by a body representative of heads of secondary schools;

(iii)

the two persons with the lowest number of votes out of the four elected by members of the

staff of the University, the choice being by lot in the case of equal votes.

(4)

The University council—

(a) shall enact the statute referred to in section 7 (1) (g) of this Act within one year after the

commencement thereof;

(b) shall enact the statutes referred to in sections 6 (3) and 8 (3) of this Act within three months

after the commencement thereof.”

6 (Popup - Footnote)

6. The section provided for the issue of a legislative instrument by the President to appoint a date for the

commencement. The University of Science and Technology, Kumasi Act, 1961 (Commencement) Instrument, 1961

(L.I. 147) appointed the 1st day of October, 1961 as the date on which the University of Science and Technology,

Kumasi shall come into operation.

7 (Popup - Footnote)

7.

Amended by the University of Science and Technology, Kumasi (Amendment) Law, 1990 (P.N.D.C.L. 240).

8 (Popup - Footnote)

8.

Amended by the University of Science and Technology, Kumasi (Amendment) Law, 1990 (P.N.D.C.L. 240).