University of Mines and Technology, Tarkwa Act, 2004 (Act 677)
ARRANGEMENT OF SECTIONS
- 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-Chancel1or 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
- 29. Interpretation
PURPOSE
AN ACT to establish the University of Mines and Technology (UMaT), Tarkwa and to provide for related matters.
DATE OF ASSENT
11th November, 2004.
ACT
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 chai1person 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 pe1iod.
(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 cove1ing 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 Acade1nic 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 K wame Nkrnmah 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.