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LAWS  OF GHANA

 

 

UNIVERSITY OF MINES AND TECHNOLOGY, TARKWA ACT, 2004 ACT 677

ARRANGEMENT OF SECTIONS

 

The University

 

1. Establishment of the University of Mines and Technology.

2. Acquisition of property.

3. Power to award degrees.

4. Aims of the University.

5. Campus of the University.

Administration

 

6. The University Council.

7. Functions of the Council.

8. Terms of office of members of the Council.

9. Meetings of the Council.

10. General powers of the Council.

11. The Chancellor of the University.

12. Vice-Chancellor of the University.

13. Pro Vice-Chancellor of the University.

14. Academic Board.

15. Functions of the Academic Board.

16. Registrar of the University.

17. Finance officer of the University.

18. Principal officers of the University.

Financial and Miscellaneous

 

19. Annual report.

20. Funds.

21. Books of account.

22. Audit.

23. Transfer of assets and liabilities.

24. Enactment of statutes.

25. Procedure for enacting statutes.

26. Convocation.

27. Students Representative Council.

28. Regulations.


 

 

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29. Interpretation.

ACT 677

UNIVERSITY OF MINES AND TECHNOLOGY, TARKWA ACT, 20041(1)

 

 

AN ACT to establish the University of Mines and Technology (UMaT), Tarkwa and to provide for

related matters.

 

The University

 

1. Establishment of the University of Mines and Technology

(1) There is hereby established by this Act a University of Mines and Technology, Tarkwa.

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

sued in its own name.

2. Acquisition of property

(1) The Council may acquire and hold movable or immovable property, sell, lease, mortgage or

otherwise dispose of the property.

(2) Where the Council decides and the Government agrees that for the purpose of this Act, an

acquisition of property or right over land is necessary, the property or land may be acquired under the

State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125).

3. Power to award degrees

The University shall award its own degrees, diplomas and certificates.

 

4. Aims of the University

(1) The aims of the University are,

(a) to provide education, through teaching and active research; and

(b) to provide service through extension and consultancy activities to foster relationships with

outside persons and bodies.

(2) Despite subsection (1), the University shall place emphasis on

(a) courses of special relevance to the needs and aspirations of Ghanaians especially in mining

and related engineering disciplines, management sciences and information technology;

(b) teaching methods of critical and independent thought for the benefit of the nation and the

international community;

(c) mining, mineral, geological, petroleum and geomatic engineering, applied engineering

sciences, economics, management, information technology and problems within Africa;

(d) fruitful research and knowledge which may spread abroad through the publication of books,


 

 

journals and other suitable means of disseminating researches; and

 

(e) the development of close relationships with people in Ghana and with other institutions

within Ghana and the outside world.

5. Campus of the University

The University may, without limit to the power of the University Council establish other campuses as

the Council may determine.

 

Administration

 

6. The University Council

The governing body of the University is the University Council consisting of

 

(a) the chairperson of the University Council who shall be appointed by the President acting in

consultation with the Council of State,

(b) four persons nominated by the Minister at least one of whom is a woman,

(c) the Vice-Chancellor of the University,

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

(e) two representatives from the professorial and non-professorial status elected by the

convocation,

(f) one representative each of senior and junior staff and the alumni,

(g) two student representatives, one undergraduate and one post graduate, and

(h) one representative from the Ghana Chamber of Mines.

7. Functions of the Council

(1) The Council shall

(a) implement the aims of the University;

(b) make arrangements as it considers appropriate for the internal organisation of the University

including the establishment, variation and supervision of

(i) academic divisions, departments, institutions, hostels and other bodies;

(ii) professorships, lectureships and other posts, whether academic, administrative

or

otherwise;

(iii) fellowships, bursaries, exhibitions, scholarships, prizes, honorary degrees and other

awards, and

(c) promote income generating activities as part of the University’s programme.

(2) For the purpose of achieving the aims of the University the Council may establish the committees

or boards and assign the functions that the Council considers appropriate.

8. Terms of office of members of the Council

(1) A member of the Council except the Vice-Chancellor shall hold office for a period of two years


 

 

and is eligible for re-appointment.

 

(2) If a member of the Council is absent from meetings for a continuous period of twelve months the

office of that member shall become vacant at the end of the period.

(3) A member of the Council except the Vice-Chancellor may resign from membership of the Council

by writing addressed to the President through the chairperson of the Council.

(4) Where the office of a member becomes vacant by death or by virtue of his continuous absence

from Ghana, the Council shall appoint another person nominated by the relevant body for the unexpired

term of the office.

(5) Subject to subsection (2), where a member of the Council is temporarily absent from Ghana

another person may be appointed to act during the absence of that member.

(6) A member of the Council is not entitled to remuneration for membership of the Council but the

member is entitled to such allowances as the Council may determine.

9. Meetings of the Council

(1) The Council shall meet at least three terms in each academic year at the times and places

determined by the chairperson for the despatch of its business.

(2) The chairperson shall preside at the meetings of the Council but in the absence of the chairperson,

members of the Council shall elect one of the government nominees present to preside.

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

(4) Decisions by the Council shall be made by consensus or by a simple majority of the votes cast.

(5) The chairperson of 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 on an issue for decision by the Council.

(6) The Pro Vice-Chancellor, the Registrar, the Finance Officer and a representative of the National

Council for Tertiary Education shall attend meetings of the Council but are not entitled to vote on an issue

for decision by the Council.

(7) The chairperson or the person presiding at a meeting of the Council shall in the event of equality

of votes have a casting vote.

10. General powers of the Council

Subject to the provisions of this Act the University shall have powers to provide for any act or acts or

thing in relation to the University which the Council considers necessary or expedient in its capacity as

the governing body of the University.

 

11. The Chancellor of the University

(1) There shall be a Chancellor of the University who shall be appointed by the Council.

(2) The Chancellor shall confer on qualified persons degrees, diplomas and certificates awarded by

the Academic Board and honorary degrees awarded by the Council in accordance with procedures

prescribed by the statutes enacted by the Council.

(3) Subject to this section the Chancellor shall preside at ceremonies of the University.

12. Vice-Chancellor of the University


 

 

(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council.

(2) The Vice-Chancellor shall be appointed on the terms and conditions specified in the appointing

instrument.

(3) The Vice-Chancellor shall under the Council be the academic and administrative head of the

University.

13. Pro Vice-Chancellor of the University

(1) There shall be a Pro Vice-Chancellor who shall be appointed by the Council in accordance with

the statutes of the University.

(2) The Pro Vice-Chancellor shall

(a) assist the Vice-Chancellor in the performance of the functions of Vice-Chancellor,

(b) act in the absence of the Vice-Chancellor, and

(c) perform other functions assigned to him or her by the Vice-Chancellor.

14. Academic Board

There shall be an Academic Board which shall consist of the Vice-Chancellor and other persons drawn

from the academic staff of the University in accordance with statutes enacted by the Council.

 

15. Functions of the Academic Board

(1) The Academic Board shall subject to the powers of the Council

(a) formulate and carry out the academic policies of the University;

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

Accreditation Board;

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

(d) advise the Council on the admission of students and award of scholarships and bursaries; and

(e) report on such matters as may be referred to it by the Council.

(2) The Academic Board may make presentation to the Council on a matter connected with the

University and shall have the additional functions conferred on it by statutes enacted by the Council.

16. Registrar of the University

The University shall have a Registrar who shall be appointed by the Council and shall act as Secretary

to the Council and any other boards and committees as the Council may direct.

 

17. Finance Officer of the University

The University shall have a Finance Officer who shall be appointed by the Council.

 

18. Principal officers of the University

The principal officers of the University are

 

(a) the Vice-Chancellor,


 

 

(b) the Pro Vice-Chancellor,

(c) the Registrar,

(d) the Finance Officer, and

(e) the Librarian.

Financial and Miscellaneous

 

19. Annual report

(1) The Council shall within eight months after the expiration of each year submit to the Minister an

annual report covering the activities and operations of the University for the year to which the report

relates.

(2) The annual report submitted under subsection (1) shall include the report of the Auditor-General.

(3) The Council shall also submit to the Minister any other reports that the Minister may in writing

require.

(4) The Minister shall within two months after the receipt of the annual report submit the report to

Parliament with such statement as the Minister considers necessary.

20. Funds

(1) The Funds of the University consist of

(a) subventions approved by Parliament,

(b) tuition and boarding fees,

(c) gifts,

(d) grants,

(e) endowments,

(f) investments, and

(g) moneys from the sources approved by the University Council.

(2) The Council shall control the finances of the University as well as any other finances arising out

of the administration of the University which directly affect the educational policy of the University, and

invite the opinions of the Academic Board and take into consideration any recommendation or report

submitted by the Board.

(3) The Council is responsible for the measures necessary or desirable for the conservation and

augmentation of the resources of the University; specify matters affecting the income or expenditure of

the University in respect of which the consent of the Council should be obtained before action is taken or

liability is incurred.

(4) The Council shall determine the allocation of all funds at the disposal of the University and how

the resources are to be properly used.

21. Books of account

(1) The Council shall keep proper books of account in the form approved by the Auditor-General.


 

 

(2) The University’s financial year shall be the same as the financial year of Government.

22. Audit

(1) The books of account of the University shall be audited each year by the Auditor-General.

(2) Council shall pay in respect of the audit the fees that the Auditor-General and the Council may

agree.

(3) The Council shall as soon as possible, upon receiving the report of the Auditor-General under this

section, forward a copy of the report to the Minister responsible for Education.

23. Transfer of assets and liabilities

(1) The assets, rights and properties held by or on behalf of the Kwame Nkrumah University of

Science and Technology School of Mines and the Western University College, Tarkwa of the Kwame

Nkrumah University of Science and Technology in existence immediately before the coming into force of

this Act and all persons employed for or by the Kwame Nkrumah University of Science and Technology

School of Mines and the Western University College, Tarkwa of the Kwame Nkrumah University of

Science and Technology are by this section transferred to the University of Mines and Technology,

Tarkwa established under section 1 of this Act.

(2) The obligations and liabilities subsisting against the Kwame Nkrumah University of Science and

Technology School of Mines and the Western University College, Tarkwa of the Kwame Nkrumah

University of Science and Technology immediately before the coming into force of this Act shall on the

coming into force of this Act subsist between the University established under this Act and the party

concerned.

24. Enactment of statutes

The Council may enact statutes for carrying into effect the provisions of the Act, and in particular to:

 

(a) regulate 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 of the University;

(b) 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;

(c) fix the academic calendar of the University;

(d) ensure that the seal of the University is kept in proper custody and is used only by its

authority; and

(e) provide for any matter which is required by this Act to be prescribed by statutes.

25. Procedure for enacting statutes

(1) For the purpose of enacting a statute, a draft of the statute shall be circulated to the members of the

Council at least fourteen days before the meeting at which it is to be considered.

(2) After consideration at the meeting, the draft may be provisionally approved either with or without

amendment.


 

 

(3) Written notice on the amendments shall be circulated to members at least three days before the

meeting.

(4) The statute as provisionally approved shall be circulated to the members of the Council; and where

in the opinion of the Council the statute affects academic matters, the statute shall be circulated to the

members of the Academic Board, at least seven days before the meeting at which the statute is to be

confirmed.

(5) A provisional statute may be confirmed without amendment at a meeting of the Council held not

less than one month or more than six months after the meeting at which it was provisionally approved.

26. Convocation

There shall be a convocation of the University with a membership prescribed by statute, which shall,

subject to this Act, receive an annual report from the Vice-Chancellor on the performance of the

University and shall have other powers and functions which may be prescribed by statute.

 

27. Students Representative Council

There shall be a Students Representative Council of the University whose constitution and functions

shall conform to the provisions of the statute of the University.

 

28. Regulations

The Minister may, by legislative instrument, and on the recommendation of the Council make

Regulations that are considered necessary for the implementation of this Act.

 

29. Interpretation

In this Act, unless the context otherwise requires,

“Auditor-General” includes an auditor appointed by the Auditor-General;

“Board” means the Academic Board;

“Council” means the University Council;

“Minister” means the Minister responsible for Education;

“University” means the University of Mines and Technology Tarkwa established under section 1

 

of this Act.

 


 

 

Endnotes

1 (Popup - Footnote)

 

1. The Act was assented to on 11th November, 2004 and notified in the Gazette on 12th November, 2004.


 

 

 

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