POLYTECHNIC LAW - 1992 (PNDCL 321)
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The aims and objectives of a polytechnic are to-
(a) provide tertiary education through full time courses in the field of manufacturing, commerce, science, technology, applied social science, applied arts and such other areas as may be determined by the authority for the time being responsible for higher education;
(b) encourage study in technical subjects at tertiary level; and
(c) provide opportunity for development, research and publication of research findings.
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For the purposes of achieving its aims and objectives, a polytechnic shall have power to-
(a) [Repealed by National board for Profesional and Technicain Examinations Act, 1994 (ACT 492) s. 26 (a)]
(b) award degrees subject to such conditions as the authority responsible for higher education shall direct;
(c) make provision for the general welfare, recreational and social needs of staff and students; and
(d) do any other acts which are incidental to the performance of its functions.
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(1) Each polytechnic shall have a governing body known as the Polytechnic Council.
(2) Subject to subsection (3) of this section, a Polytechnic Council is responsible for-
(a) the determination of the educational character and mission of the polytechnic;
(b) overseeing the activities of the polytechnic;
(c) safeguarding the assets of the polytechnic for the effective and efficient use of its resources;
(d) considering and approving annual estimates of income and expenditure of the polytechnic;
(e) the appointment, suspension or dismissal of the Vice-Principal, the Polytechnic Secretary and the appointment, suspension or dismissal of such other senior office holders as the Polytechnic Council may determine;
(f) the determination of the pay and conditions of service of the Vice-Principal, the Polytechnic Secretary and such other senior office holders as the Polytechnic Council may determine with prior approval of the Secretary for Finance;
(g) the establishment of such committees as may be necessary for the efficient despatch of its business; and
(h) such things as are incidental to the achievement of the aims and objectives of the polytechnic.
(3) For not less than five years and until such time as the Secretary for Education may determine, the powers provided under paragraphs (c), (d) and (e) shall be exercised by the Polytechnic Council in consultation with the Secretary.[As deleted by National board for Profesional and Technicain Examinations Act, 1994 (ACT 492) s. 26 (b)]
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(1) Subject to the other provisions of this Law, the term of office of a person who is appointed a member of a Polytechnic Council is two years.
(2) If a member of a Polytechnic Council is absent from Ghana for a continuous period of twelve months his office shall become vacant at the end of that period.
(3) Where the office of a member becomes vacant on his death or resignation, or by virtue of subsection (2) of this section, a successor shall be appointed in the same manner to serve the remainder of the term of office.
(4) Where a member is temporarily absent from Ghana a substitute may be appointed to act for him during his absence.
(5) An appointment 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 may be eligible for re-appointment.
(7) The validity of any proceedings of a Polytechnic Council shall not be affected by any vacancy in its membership or by any defect in the appointment of its members.
(8) A member of a Polytechnic Council shall not be entitled to remuneration for his membership of the Polytechnic Council but a member shall be entitled to such allowances as the Polytechnic Council may determine.
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(1) There shall be a Principal who shall be appointed by the Council on the advice of the Polytechnic Council on such terms and conditions as the Council may determine.
(2) The Principal shall be responsible for-
(a) implementing the decisions of the Polytechnic Council;
(b) the appointment, assignment, discipline, suspension, dismissal and the remuneration and conditions of service of staff other than persons to be appointed by the Polytechnic Council;
(c) the preparation of the annual estimates of income and expenditure for consideration by the Polytechnic Council;
(d) the management of the budget and resources of the polytechnic within the estimates approved by the Polytechnic Council; and
(e) providing the Polytechnic Council with the returns and reports which it may require.
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(1) Each Polytechnic shall have an Academic Board, in this Law referred to as, "the Board".
(2) The Board shall consist of the Principal, Vice-Principal, heads of Academic Divisions, heads of the Academic Departments and any other persons specified in polytechnic statutes.
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The Board is responsible for-
(a) determining criteria for the admission of students;
(b) issues relating to scholarships at the polytechnic;
(c) the content of curricula;
(d) academic standards, validation and review of courses;
(e) the policy and procedure to assess and examine students;
(f) the appointment and removal of internal and external examiners;
(g) the procedure for the award of qualifications and honorary academic titles;
(h) the procedure for expelling students on academic grounds;
(i) the development of the academic activities of the polytechnic;
(j) consideration of the resources required to support the academic activities of the polytechnic;
(k) the establishment of links with industry and business to ensure the entrepreneurial development of students;
(l) advising the Polytechnic Council and the Principal in general; and
(m) performing the functions that may be conferred on it by the polytechnic statutes.
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No person shall discriminate against a suitably qualified person on account of religion, political opinion, ethnic origin or gender to determine whether that person is to -
(a) be appointed as an academic staff or other staff member;
(b) be registered as a student of the polytechnic;
(c) be permitted to graduate from the polytechnic; or
(d) have any advantage or privilege.
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(1) A polytechnic shall hold a congregation from time to time as determined by Polytechnic Council for the purpose of conferring degrees and awarding diplomas and certificates.
(2) The congregation shall consist of the Polytechnic Council, the Board, members of Convocation, graduates of the polytechnic and other persons prescribed by statutes.
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(1) The funds of a polytechnic shall consist of subventions from the Government, tuition and boarding fees, gifts, endowments, grants, investments and monies from other sources approved by the Polytechnic Council.
(2) A Polytechnic Council shall control the finances of the polytechnic and shall have power to determine questions of finance arising out of the administration of the polytechnic, except that before determining questions of finance which directly affect the educational policy of the polytechnic, the Polytechnic Council shall invite the opinion of the Board and shall take into consideration any recommendation or report by it.
(3) A Polytechnic Council is responsible for the conservation and augmentation of the resources of a polytechnic and may specify matters on income or expenditure for which the consent of the Polytechnic Council is required before action is taken or liability is incurred.
(4) A Polytechnic Council shall determine the allocation of funds at the disposal of the polytechnic.
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Where a Polytechnic Council has resolved and the Government has agreed that the acquisition of land or a right over land is necessary for a polytechnic, the land may be acquired under the State Lands Act, 1962 (Act 125).
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A Polytechnic Council may by statutes-
(a) regulate the appointment, conditions of service, termination and retirement benefit of the staff of the polytechnic;
(b) determine the persons who form the academic staff for the purpose of this Law;
(c) determine the persons who are authorised to sign documents including cheques and contracts on behalf of the polytechnic or transact business for the polytechnic;
(d) fix the academic year of the polytechnic;
(e) ensure that the seal of the polytechnic is kept in proper custody and used only on the authority of the Polytechnic Council; and
(f) provide for any matter which is required by this Law to be prescribed by statutes.
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The procedure to enact a statute of a polytechnic is as follows-
(a) the draft of the statute shall be circulated to Polytechnic Council members at least 14 days before the meeting at which it is to be considered;
(b) the draft of the statute may then be provisionally approved by the meeting if no amendments have been made;
(c) if the draft has been amended, written notice of the amendment shall be circulated to Polytechnic Council members at least three days before the meeting at which it is to be considered;
(d) the statute which has been provisionally approved shall be circulated to Polytechnic Council members at least seven days before the meeting at which it is proposed to confirm it, but if it is the opinion of the Polytechnic Council that the proposed statute affects academic matters, the provisionally approved statute shall also be circulated to members of the Board at least seven days before the meeting;
(e) the statute may be confirmed without amendment at a Polytechnic Council meeting held not less than six months after the meeting which provisionally approved it.
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In this Law unless the context otherwise requires-
"Council" means the Provisional National Defence Council
"National Accreditation Board" means the National Accreditation Board established under the National Accreditation Board Law, 1992 (PNDCL 317);
"Polytechnic Council" means the Polytechnic Council established under this Law;
"research findings" includes results, reports, these or other matters in connection with or arising out of research;
"Secretary" means Secretary responsible for Education;
"S.R.C." means Students Representative Council;
"Statutes" means statutes of the polytechnic;
"T.E.W.U." means Teachers and Educational Workers Union;
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