AN ACT to transform the Institute of Professional Studies into a public University and to provide for related matters.

DATE OF ASSENT: 9th October, 2012.

PASSED by Parliament and assented to by the President: 

(a) There is established by this Act a body corporate with perpetual succession to be known as the University of Professional Studies.

(b) Where there is hindrance to the acquisition of property, the property may be acquired for the University under the State Property and Contracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125) and the cost shall be borne by the University.

The University may establish other campuses of the University as the Council may determine.

(a) Without limiting its other powers, the University shall have power to award its own degrees including honorary degrees, diplomas and certificates.

(b) The University may withdraw a degree, diploma or certificate it has awarded if it has the evidence that proves that

(i) the degree, diploma or certificate was obtained through fraud or academic malpractice; or

(ii) the process of acquiring the degree, diploma or certificate was tainted by an act that in the opinion of the University undermines the integrity of the award.

(1) The aims of the University are

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

(b) to provide service through extension and consultancy activities to the community outside the University; and

(c) to undertake research in courses with the mandate of the University.

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

(a) courses of relevance to the needs and aspirations of citizens in the area of

(i) management,

(ii) management sciences,

(iii) accountancy,

(iv) marketing,

(v) finance,

(vi) banking,

(vii) communications,

(viii) information technology

(ix) law, and

(x) any other related social science courses;

(b) teaching methodology that promotes critical and independent thinking;

(c) publication of books, journals and other suitable means of disseminating research work;

(d) the development of a close relationship with other institutions within and outside the country;

(e) the education and training of professional accountants, marketers and persons in other related fields of management; and

(f) continuing management education and specialist training for professional accountants, marketers and business executives.

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

(a) a Chairperson nominated by the President;

(b) the Vice-Chancellor;

(c) three persons nominated by the President at least one of whom is a woman; and

(d) one elected representative of the

(i) University Teachers Association of the University;

(ii) Convocation

(iii) Professional bodies of accountants and marketers;

(iv) Ghana National Chamber of Commerce;

(v) University of Professional Studies Alumnae;

(vi) Teachers and Education Workers Union;

(vii) Conference of Heads of Assisted Senior High Schools;

(e) one representative of the

(i) National Council for Tertiary Education,

(ii) Undergraduate students of the University elected by the Students Representative Council,

(iii) Post-graduate students of the University elected by then Graduate Students Association.

(2) The Chairperson and other members of the Council shall be appointed by the President in accordance with article 70 of the Constitution

(3) The President, in making the appointments under paragraphs (a) and (c) of subsection (1), shall have regard to the academic qualifications, leadership qualities, gender and expertise relative to the mandate of the University.

(4) The Chairperson of the Council shall preside at the Congregation and other ceremonies of the University in the absence of the Chancellor.

(1) The Council shall

(a) ensures the implementation of the aims of the University;

(b) promote income generating activities as part of the programme of the University;

(c) control the finances of the University and determine the allocation and proper use of funds;

(d) ensures the conservation and augmentation of the resources of the University; specifically, in relation to matters affecting income or expenditure;

(e) determines the strategic direction of the University and monitor and evaluate policy implementation; and

(f) ensures the creation of an environment of equal opportunity for members of the University without regard to ethnicity, sex, race, religious belief or political affiliation;

(2) The Council shall exercise the powers referred to in subsection (1), only after consultation with the Academic Board in so far as they relate to matters which in the opinion of the Council are academic matters.

(1) For the purpose of achieving the aims of the University, the Council may establish standing or ad-hoc committees comprising members or non-members of the Council and assign them functions that the Council considers appropriate.

(2) A committee consisting entirely of non-members shall be advisory.

(1) A member of the Council except the Vice-Chancellor shall hold office for a period of three years and is eligible for re-appointment for another term only.

(2) Where a member of the Council is absent for three consecutive meetings without reasonable cause the office of that member shall become vacant.

(3) A member of the Council 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 from three consecutive meetings without reasonable cause, another person nominated by the relevant body shall be appointed for the unexpired term of the office.

(1) The Council shall meet at least three times in each academic year for the dispatch of business at the time in a place determined by the Chairperson.

(2) The quorum at a meeting of the Council is eight.

(3) The Chairperson shall preside at each 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 its 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) The proceedings of the Council are not invalidated by reason of a vacancy among its members or by a defect in the appointment or qualification of a member.

(1) A member of the Council who has an interest in a matter for consideration at a meeting of the Council

(a) shall disclose the nature of interest and the disclosure shall form part of the record of the consideration of the matter, and

(b) shall not participate in the deliberations of the Council in respect of that matter.

(2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and

(a) fails to disclose that interest, or

(b) participates in the deliberations of the matter.

Members of the Council and members of a committee of Council shall be paid the allowances approved by the Minister in Consultation with the Minister responsible for Finance.

(1) Subject to the provisions of this Act, the Council shall have power to do or provide for nay 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.

(1) The Principal Officers of the University are

(a) the Chancellor,

(b) the Vice-Chancellor, and

(c) the Chairperson of the Council

(2) Prior to the assumption of office, the Principal Officers of the University shall take and subscribe to the oath of office as specified in the Schedule.

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

(2) The Chancellor is the head of the University and takes precedence over the other officers of the University.

(3) The Chancellor shall hold office for a term of five years and is eligible for re-appointment for another term only.

(4) The Chancellor shall preside at Congregations, meetings and ceremonies of the University at which the Chancellor is present.

(5) The Chancellor shall be served with the summons, minutes and other documents related to meetings of the Council and may attend the meetings of the Council.

(6) The Chancellor shall confer on qualified persons, degrees, diplomas and certificates awarded by the University in accordance with this Act and the procedures prescribed by the Statutes of the University.

(7) The Chancellor may delegate functions under subsection (6) by directions in writing to the University Council.

(8) Without limiting the functions of the Chancellor, where the integrity and well-being of the University are threatened by any matter, the Chancellor may in consultation with the Council intervene. 

(1) The Office of the Chancellor shall become vacant upon

(a) death;

(b) resignation;

(c) removal from office; or

(d) expiry of the term

(2) The grounds and procedures for the removal from office of the Chancellor shall be contained in the Statutes of the University.

(1) The Council shall appoint a Vice-Chancellor.

(2) The Vice-Chancellor shall hold office on the terms and conditions specified in the instrument of appointment.

(3) The Vice-Chancellor is the academic and administrative head of the University.

(4) The Vice-Chancellor is responsible to the Council for maintaining and promoting order and efficiency of the University.

(5) The Vice-Chancellor shall perform such other functions as may be prescribed by the Statutes of the University.

(6) The Vice-Chancellor shall hold office for a term of four years and is eligible for re-appointment for another term only.

(7) The Vice-Chancellor shall before assuming office take and subscribe to the Oath of Office as specified in the Schedule.

(1) The Council shall appoint a Pro Vice-Chancellor in accordance with the Statutes of the University.

(2) The Pro Vice-Chancellor shall attend a Council meeting but shall not vote at the meeting.

(3) The Pro Vice-Chancellor shall be assigned such duties as the Council and the Vice-Chancellor shall determine.

(4) The Pro Vice-Chancellor shall perform the function of the Vice-chancellor in the absence of the Vice-Chancellor.

(5) The Pro Vice-Chancellor shall hold office for a term of three years and is eligible for re-appointment for another term only.

(6) The Pro Vice-Chancellor shall, before assuming office, take and subscribe to the Oath of Office as specified in the Schedule.

(1) There is established by this Act an Academic Board which is answerable to Council.

(2) The Board shall consist of the Vice-Chancellor ad other persons of the University in accordance with the Statutes.

(1) The Academic Board consists of

(a) the Vice-Chancellor of the University who is the Chairperson;

(b) the Pro Vice-Chancellor;

(c) Provosts, Deans and Vice Deans;

(d) Directors of School, Institutes and Centres;

(e) Heads of Academic Departments;

(f) Professors and Associate Professors;

(g) Director of the Business Development Centre;

(h) Director of Quality Assurance;

(i) the Librarian of the University;

(j) the Registrar of the University; and

(k) nine members, five of whom are non-teaching staff, elected by Convocation in accordance with the Statutes of the University.

(2) The Academic Board may establish standing and ad-hoc committees for the purpose of carrying out its functions under this Act and as may be determined by the Statutes except that, a committee comprising entirely of non-members shall be advisory only.

(3) A person who is an ex-officio member of the Board may be represented at a meeting by a person designated by that member.

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

(a) formulates and implement academic policies of the University;

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

(c) regulates the

(i) conduct of examinations, and

(ii) award of degrees, diplomas and certificates;

(d) advises the Council on the appointment of academic staff, admission of students and the award of scholarships and bursaries;

(e) report on matters that are referred to the Academic Board by the Council;

(f) makes representations to the Council on any matter connected with the University;

(g) performs other functions specified in the Statutes of the University; and

(h) promotes and supervise research work.

(2) The Academic Board shall ensure the acquisition of professional qualifications of students.

(1) There is established by this Act a committee of the Academic Board known as the Professional Advisory Committee.

(2) The Professional Advisory Committee consists of members specified in the Statutes of the University.

(3) The Professional Advisory Committee shall

(a) advises the Academic Board on the appropriate training programmes for professional accountants, secretaries and administrators, marketers, bankers and related professional;

(b) reviews the programmes of study instituted by the University and advise the Academic Board on the programmes;

(c) monitor professional standards of the University and advise the Academic Board on measures to maintain high standards; and

(d) performs other functions determined by the Academic Board;

(1) The Council shall appoint a Registrar for the University.

(2) The Registrar shall hold office on the terms and conditions specified in the instrument of appointment in accordance with the Statutes.

(3) The Registrar is the Secretary to the

(a)Office of the Chancellor

(b) Council; and

(c) Academic Board.

(4) The Registrar is responsible to the Vice-Chancellor for the day-to-day administration of the affairs of the University.

(5) The Registrar may perform any other functions provided in the Statutes.

(6) The Registrar shall before assuming office take and subscribe to the Oath of the Office as specified in the Schedule.

(1) The Council shall appoint a Director of Finance for the University.

(2) The Director of Finance shall perform functions as prescribed in the Statutes.

(3) The Director of Finance is responsible to the Vice-Chancellor in the performance of the duties of the Director of Finance.

The Council may appoint such other staff as are necessary for the effective performance of the functions of the University.

(1) Subject to this Act, the Council may make appropriate arrangements for the internal organization of the University including:

(a) establishment, variation and supervision of academic divisions, faculties, schools, institutes, centres, departments and other bodies in the campuses in Accra or elsewhere;

(b) awarding professorships and promoting lecturers;

(c) making academic or administrative appointments and promotions;

(d) awarding fellowships, bursaries, exhibitions, scholarships and prizes;

(e) conferring honorary degrees and other awards;

(f) promoting professional development; and

(g) developing other facilities including hostels.

(2) The University may

(a) enters into an agreement or relationship with another institution whether academic or non-academic and within or outside the country, and

(b) incorporates 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.

(1) The funds of the University include

(a) subvention approved by Parliament,

(b) tuition and hostel fees,

(c) donations and gifts,

(d) facility subsidy fees,

(e) grants,

(f) endowments,

(g) investments, and

(h) moneys from other sources approved by the University Council.

(2) Any sum of money received by or on behalf of the University shall be paid into a bank account of the University opened by or on the authority of the Council.

(3) For the avoidance of doubt, moneys received by or standing to the credit of an establishment of the University shall form part of the funds of the University as defined under this Act.

(4) The Council may invest the funds of the University that are not required for immediate use as the Council considers appropriate.

(1) There is established by this Act an Internal Audit Unit which shall constitute a part of the University.

(2) The Council shall appoint personnel required to ensure an effective and efficient internal auditing of the University

(3) The Unit established under subsection (1) shall in accordance with the Internal Audit Agency Act 2003, (Act 658), establish standards and procedures to carry out an internal audit of the University.

(4) The Audit Report Implementation Committee of the University as established under section 30 (1) of the Audit Service Act, 2000 (Act 584) is responsible for the implementation of the recommendations in the internal audit reports.

(5) The Audit Report Implementation Committee may co-opt a senior member of the University to serve on the Committee.

(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 student’s subject to the approval of the Academic Board; and

(b) conforms to this Act, statutes 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 sub-section (3) shall to the extent of the inconsistency be void.

(5) The Statutes may grant the Students' Representative Council representation on appropriate bodies and organs of the University.

(1) A student admitted to the University shall take the Matriculation Oath and sign the Matriculation Register.

(2) A student who fails to comply with subsection (1) shall not continue as a student.

The Council shall ensure the implementation of this Act by Statutes which shall in particular

(a) regulate the

(i) appointment,

(ii) conditions of service,

(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 authorized 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) ensure that the seal of the University is kept under proper custody and is used only on the authority of the Council;

(f) provide for any matter which is required by this Act to be prescribed by statute; and

(g) determine the rules and procedures relating to discipline of students and employees of the University.

Subject to the provisions of this Act, the Council may by statute regulate its own procedure.

(1) There shall be a Convocation of the University with the membership prescribed by the Statutes of the University.

(2) The convocation shall have other powers and functions prescribed by the Statutes of the University.

(3) The Registrar shall compile a register of the members of Convocation which shall be published each academic year.

(4) The persons whose names appear on the register shall be entitled to vote at the Convocation.

(5) The Convocation shall meet at least once each academic year at the time and place determined by the Vice-Chancellor.

(6) Despite subsection (5), the Convocation shall meet upon a request made by a number of members as prescribed in the Statutes.

(7) The Convocation shall receive and discuss a report from the Vice-chancellor on the state of the University and future plans for the University.

(8) The Convocation may express and opinion on any matter that affects the University and may refer the matter to the Council or the Academic Board.

(1) There is established by this Act a body known as the University of Professional Studies Appeals Board.

(2) The Council shall appoint the members of the Appeals Board.

(3) The Appeals Board consists of

(a) a chairperson who is a retired justice of the Superior Courts of Judicature or a lawyer qualified to be so appointed;

(b) two lawyers of at least ten years standing at the Bar who are persons of high moral integrity, at least one of whom is a woman; and

(c) two persons who are not legal practitioners or employees of the University who are persons of high moral integrity, at least one of whom is a woman?

(4) The Appeals Board shall hear and determine on appeal

(a) acts or omissions is contravention of this Act or the Statutes enacted by the Council;

(b) a breach of 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; or

(e) any other matter or dispute referred to the Appeals Board by the Council.

(5) The chairperson and two other members of the Appeals Board constitute a panel for the hearing and determination of a matter before the Appeals Board.

(6) In the absence of the chairperson, one of the two lawyers as provided for in paragraph (b) of the subsection (3) shall act as chairperson.

(7) The Council shall establish the rules and procedures which govern

(a) the operations of the Appeals Board;

(b) the appointment and remuneration of the members of the Appeals Board;

(c) the functions of the acting chairperson;

(d) the establishment of the Secretariat of the Appeals Board; and

(f) any other relevant matter.

(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 that person's race, ethnic origin, political opinion, colour, gender, occupation, religion or creed, disability, social or economic status 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 an academic staff or other staff member;

(e) promoted as an academic staff or other staff member, or

(f) granted an advantage, privilege or other benefits 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 a different treatment to different persons attributable only or mainly on the grounds stated in subsection (1).

(1) The Council shall ensure that the University keeps books of account and proper records 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 within three months after the end of the financial year.

(3) The financial year of the University shall be the same as the financial year of the Government.

(4) The accounts shall be under the signature of the Vice-Chancellor and Director of Finance.

(5) The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward the audit report to Parliament with a copy to the Minister.

(1) The Council shall, within eight months after the end of each academic year, submit to the Minister a report covering the activities of the University for the year to which the report relates and make that report available to the public.

(2) The report shall cover the operations, admissions, sources and use of funds, challenges, significant events and major policies of the University and shall include the report of the Auditor-General for the year to which the report relates.

(3) The Minister shall, within one month after the receipt of the annual report submit the report to Parliament with a statement that the Minister considers necessary.

(4) The Council shall also submit to the Minister, any other report which the Minister may request.

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.

In this Act, unless the context otherwise requires,

“Board” means the Academic Board established under section 18;

“Congregation” means a gathering of the University as prescribed in the Statute, for the purpose of conferring degrees and awarding diplomas and certificates; “Convocation” means the Principal Officers of the University and such other senior members of the University appointed by the Council or the Academic Board who are registered as members of the Convocation;

“Council” means the University Council;

“disclosure of interest” includes pecuniary, material, academic and relational interest in a matter being deliberated upon or decided upon by the University;

“Matriculate” means to officially become a student of the University;

“Minister” means the Minister responsible for Education;

“Statutes” means administrative guidelines enacted by the University Council in accordance with this Act to govern the internal operations of the University; and “University” means the University of Professional Studies established under section 1 of this Act.

(1) Subject to this Act, property which at the commencement of this Act was vested in the Council of the Institute of Processional Studies or was in any other manner held on behalf of, or for the purposes of the Institute of Professional Studies is, by virtue of this Act vested in or held on behalf of, or for the purposes of the University established under this Act.

(2) Subject to this Act, each contract entered into by the Council of the Institute of Professional Studies shall have effect as if entered into by the University and obligations subsisting against the Council of the Institute of Professional Studies shall subsist against the University under this Act and that other person, except where otherwise provided by this Act, and until otherwise provided in the exercise of functions conferred by this Act, all other matters and things relating to the Institute of Professional Studies shall continue as nearly as may be in relation to the University.

(3) Until the date of the first meeting of the University Council, the Council of the Institute of Professional Studies shall have and exercise the powers conferred by this Act on the University Council and any act lawfully made or done by the Council of the Institute of Professional Studies before that date has effect as if done by the University Council.

(4) The Council of the Institute of Professional Studies shall act until the University Council provided for under section 5 of this Act is established.

(1) The Institute of Professional Studies Act, 1999 (Act 566) is hereby repealed.

(2) Despite subsection (1) the Statutes, Regulations, Bye-laws, notices, orders, directions, appointments, policies, instructions, guidelines or any other act lawfully made or done under the authority of the Institute of Professional Studies Act, 1999 (Act 566) not being inconsistent with this Act shall continue in force as if made or done under this Act and shall continue to have effect until reviewed, cancelled or terminated.

                                             OATH OF OFFICE

                                                 Section 12(2)

I, …………………………………………………………. do (in the name of the almighty God (swear) (solemnly affirm) that I will at all times well and truly serve the University of Professional Studies 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 President or such other person as the President may designate).

Date of Gazette notification: 16th October, 2012