REGIONAL MARITIME ACADEMY LAW - 1982 (PNDCL 33)

    • (1) There shall, subject to the provisions of this Law, continue in existence the body known as the "Regional Maritime Academy, Accra, Ghana" (in this Law referred to as the "Academy")

      (2) The Academy shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its own name.

      (3) The Academy shall, in the exercise of its functions, have academic, financial and administrative autonomy.

      (4) The Academy shall have power to acquire, hold, and dispose of any movable or immovable property and may enter into such contracts and transactions as may be expedient for such purposes.

    • For the effective operation of the Academy, the Board of Governors may from time to time create units or divisions within the Academy.

    • The object of the Academy is to provide for studies, training and research in maritime subjects for citizens of member states and other persons as may be approved by the Board.

    • There shall be established a Board of Governors, referred to in this Law as "the Board".

    • (1) The Board shall consist of-

      (a) a Minister responsible for maritime affairs from each member state or his duly accredited representative; and

      (b) (i) a representative of the Permanent Secretariat of the Ministerial

      Conference of West and Central African States on Maritime Transport,

      (ii) the Principal of the Academy; and

      (iii) a student actually studying in the Academy elected by the students as their representative.

      (2) Only members of the Board appointed under paragraph (a) of subsection (1) shall have the right to vote.

    • (1) A member of the Board appointed under paragraph (a) of subsection (1) of section 5 shall be appointed by the other similarly appointed members to be Chairman of the Board for a period not exceeding one year.

      (2) Members of the Board shall gain appointment to the post of Chairman of the Board by rotation in the order in which the names of their representative States are arranged alphabetically.

    • (1) The Board which shall be the governing body of the Academy, shall be autonomous and accorded full international status.

      (2) Without derogation from its functions under subsection (1) the Board shall have power-

      (a) to determine and supervise the finances of the Academy;

      (b) to prepare overall plans and programmes for the furtherance of the objects of the Academy;

      (c) to prescribe the terms and conditions on which any person selected for any course of study and training organised by the Academy shall be admitted; and

      (d) to institute awards and scholarships in furtherance of the objects of the Academy.

    • A member of the Board shall hold office-

      (a) if he is a Minister responsible for maritime affairs in a member State, until he ceases to be such Minister; and

      (b) if he is a representative duly accredited by his Government, until the period specified in his letter of accreditation expires.

    • (1) The Board shall ordinarily meet for the despatch of its business at such times and places as the Chairman of the Board may appoint.

      (2) The Board shall meet not less than twice a year, and at least one of the meetings shall be held at the Academy.

      (3) The Chairman of the Board may at any time and shall, on the request in writing of the Principal or not less than two-thirds of the members of the Board call a special meeting of the Board.

      (4) The Chairman shall, if present, preside at the meetings of the Board, and in his absence, any member appointed by the members shall preside.

      (5) Questions before the Board at any meeting shall be decided by a majority of the members present and voting, but where the votes are equal, the Chairman or the person presiding shall have a second or casting vote.

      (6) Any three of the members entitled to vote or empowered to do so shall form a quorum.

      (7) The proceedings of the Board shall not be invalidated by reason of any vacancy among, or any defect in the appointment or nomination of any of the members thereof.

    • (1) The principal officers of the Academy shall be:-

      (a) the Principal,

      (b) the Vice-Principal,

      (c) the Dean of Studies,

      (d) the Secretary, and

      (e) any other officer of the Academy that the Board may determine.

      (2) The principal officers shall be appointed by the Board.

    • (1) The Principal who shall be responsible to the Board shall be the Chief academic and administrative officer of the Academy and he shall-

      (a) exercise general authority over the staff of the Academy,

      (b) be responsible for the discipline in the Academy,

      (c) be responsible for co-ordination and the implementation of the programmes of the Academy, and

      (d) be responsible for the administration of the finance of the Academy.

      (2) Without prejudice to the provisions of subsection (1) the Chairman of the Board or the Board may delegate any of their powers to the Principal.

    • (1) The Vice-Principal of the Academy shall assist the Principal in the discharge of his functions under this Law and shall perform such duties as the Principal may from to time assign to him.

      (2) In the absence of the Principal or where he is otherwise incapacitated from carrying out his functions, the Vice-Principal shall act in his place until such time that the Principal is again able to perform his functions or a new Principal is appointed as the case may be.

    • There shall be a Dean of Studies who shall be responsible for all academic matters of the Academy subject to the general control of the Principal.

    • (1) There shall be an officer to be designated as Secretary to the Academy.

      (2) The Secretary shall act as Secretary to the Board and shall, subject to the directions of the Board, arrange the business for, and cause to be recorded and kept, minutes of all meetings of the Board.

      (3) The Secretary shall perform such other functions as the Principal may from time to time assign to him.

    • (1) The Board, acting on proposals submitted to it by the Principal, shall appoint all members of the academic and administrative staff other than the principal officers of the Academy.

    • (1) The Principal of the Academy acting on behalf of the Board may employ such other persons as may be required for the efficient discharge of the functions of the Academy.

      (2) The Principal's powers of employment under subsection (1) shall be exercised in accordance with such procedures as the Board may prescribe.

    • (1) The rates of remuneration and other conditions of service of members of staff and of all employees of the Academy shall be determined by the Board.

      (2) The Board may make bye-laws to provide for the contribution by the Academy to any superannuation or other similar fund instituted for the benefit of the staff and employees of the Academy.

    • (1) The funds of the Academy shall include:-

      (a) the contributions of the Academy by member states;

      (b) any donation, legacy or subsidy granted to the Academy from any source;

      (c) any fees accruing to the Academy in the course of the exercise of its functions including-

      (i) fees paid by course participants at the Academy;

      (ii) fees, charges and dues in respect of services rendered by or through the Academy;

      (d) any interests and income derived from properties of the Academy;

      (e) any loans which may be granted to the Academy for the achievement of a specified purpose; and

      (f) any other contributions or gifts received by the Academy.

      (2) All moneys received by or on behalf of the Academy shall be paid by the Principal into accounts kept in the name of the Academy at a Bank to be specified by the Board.

    • (1) The Principal shall in each year cause to be prepared, not later than such date as the Board may determine, a budget showing the estimated revenue and expenditure of the Academy for the coming financial year, and submit it to the Board for approval.

      (2) The budget of the Academy shall be borne by the Member States who shall pay their contributions directly to the Academy in accordance with the modalities of allocation fixed by the Board.

      (3) The Board may seek external financial aid for the Academy.

    • (1) The Board shall cause to be prepared not later than the 30th day of June in each year-

      (a) a statement of income and expenditure of the Academy for the last preceding financial year; and

      (b) a statement of the assets and liabilities of the Academy as they stood at the end of the immediate preceding financial year.

      (2) The said statement, duly certified by the Principal, shall be submitted for audit to an auditor appointed by the Board not later than six months after the end of the last preceding financial year.

    • For the purpose of this part "Financial Year" means the period declared as such for accounting purposes by the Board from time to time.

    • The Board may make bye-laws not inconsistent with this Law or the terms of the Convention in relation to any matter within the functions of the Academy and in particular-

      (a) declaring the States entitled to membership and the rights, privileges and duties appertaining to them;

      (b) prescribing the contributions, whether by way or fee or otherwise, to be paid by member states or any class of students of the Academy;

      (c) prescribing the nature, content and conditions of certificates and diplomas;

      (d) providing for the discipline and good order of the Academy and penalties for the breach thereof.

    • The Academy shall be exempted from any tax, duties or rates imposed by or under the Income Tax Decree, 1975 (S.M.C.D. 5), the Local Government Act, 1972 (Act 359) and the Customs and Excise Decree, 1972 (N.R.C.D. 114) or any existing enactment.

    • In this Law, unless the context otherwise requires-

      "Convention" means the Convention on the Regionalisation of the Nungua/Accra and the Abidjan Nautical Training Institutes adopted by the Third Ministerial Conference of West and Central African States on Maritime Transport, held in Accra, Ghana, from the 23rd to the 26th day of February, 1971;

      "Member State" means a state which is a signatory to the Convention or has acceded to it and is represented on the Board by a Minister responsible for maritime affairs or a representative duly accredited by his Government;

      "Minister" in relation to Ghana includes Secretary.

    • (1) The Regional Maritime Academy Decree, 1979 (A.F.R.C.D. 70) is hereby repealed.

      (2) The Ghana Nautical College Instrument, 1970 (L.I. 677) is hereby revoked and the Ghana Nautical College established by it is hereby dissolved.