Institute of Professional Studies Act, 1999 Act 566 (Revised Edition)

ACT 566
Institute ofProfessional Studies Act, 1999
ACT 566
INSTITUTE OF PROFESSIONAL STUDIES ACT, 1999
ARRANGEMENT OF SECTIONS
Establishment and Objectives of the Institute of Professional Studies
SECTION
1. Establishment of Institute of Professional Studies. 2. Objectives of the Institute. 3. Governing body of the Institute. 4. Functions of the Council. 5. Tenure of office of members of the Council. 6. Meetings of the Council. 7. Committees of the Council. 8. Professional Advisory Committee, members, functions. 9. Allowances for members of the Council and committees. Academic Board
10. Academic Board of the Institute. 11. Composition of the Board. 12. Functions of the Board. 13. Committees of the Board. 14. Meetings of the Board. 15. Statutes of the Board. Organisation of the Institute
16. Divisions of the Institute. 17. Internal organisation of the Institute. 18. Students Representative Council. 19. Convocation. 20. Congregation. Administration of the Institute
21. Director of the Institute. 22. Deputy Director of the Institute. 23. Registrar. 24. Other staff of the Institute. Financial and Miscellaneous Provisions
25. Funds of the Institute. 26. Accounts and audit. 27.

itute. 23. Registrar. 24. Other staff of the Institute. Financial and Miscellaneous Provisions
25. Funds of the Institute. 26. Accounts and audit. 27.

Annual report and other reports. 28. Statutes of the Institute. V-1501 [Issue 1]

Annual report and other reports. 28. Statutes of the Institute. V-1501 [Issue 1]

ACT 566
Institute of Professional Studies Act, 1999
SECTION
29. Relationship with other institutions. 30. Regulations. 31. Transfer of assets and liabilities. 32. Interpretation. 33. Dissolution, repeal and savings. 34. Transitional provisions. ACT 566
INSTITUTE OF PROFESSIONAL STUDIES ACT, 19991
AN ACT to establish an Institute of Professional Studies as a tertiary institution in
place of the Institute of Professional Studies in existence immediately before the
coming into force of this Act and to provide for related matters. Establishment and Objectives of the Institute ofProfessional Studies
1. Establishment of Institute of Professional Studies
(1) There is established by this Act a body to be known as the Institute of Profes
sional Studies. (2) The Institute is a body corporate with perpetual succession, a common seal and
may sue and be sued in its own name. (3) The Institute may for and in connection with the performance of its functions ac
quire and hold movable or immovable property and enter into a contract or any other
transaction.

n connection with the performance of its functions ac
quire and hold movable or immovable property and enter into a contract or any other
transaction.

(4) Where the Institute has resolved and the Government has agreed that the acquisi
tion of land or a right over land is necessary for the Institute, the land may be acquired
under the State Lands Act, 1962 (Act 125). 2. Objectives of the Institute
(1) The objectives of the Institute are,
(a) to provide tertiary education in the academic disciplines of accountancy
and management;
(b) to undertake the education and training of professional accountants, mar
keters and persons in other related fields of management;
(c) to provide continuing management education and specialist training for
professional accountants and business executives;
(d) to promote accounting and management practice through research, semi
nars, lectures and other related activities; and
1 This Act was assented to on the 22nd April, 1999 and notified in the Gazette on 30th April 1999. (Issue 1] V -1502

and other related activities; and
1 This Act was assented to on the 22nd April, 1999 and notified in the Gazette on 30th April 1999. (Issue 1] V -1502

ACT 566
Institute of Professional Studies Act, 1999
(e) offer courses leading to the award of certificates, diplomas, higher national
diplomas and degrees subject to such conditions as the authorities respon
sible for tertiary education shall direct. (2) The Institute shall have power to
(a) award certificates and diplomas as are agreed on by the Council established
under section 3 with the National Board for Professional and Technician
Examinations;
(b) provide for the general welfare, recreational and social needs of staff and
students of the Institute; and
(c) do any other acts which are incidental to the performance of its functions. 3. Governing body of the Institute
(1) There is established by this Act a governing body of the Institute which shall be
known as the Institute of Professional Studies Council.

nstitute
(1) There is established by this Act a governing body of the Institute which shall be
known as the Institute of Professional Studies Council.

(2) The Council consists of
(a) the chairman,
(b) the Director of the Institute,
(c) one person representing each of the following:
(i) the Institute of Chartered Accountants (Ghana),
(ii) the Chartered Institute of Management Accountants,
(iii) the Institute of Chartered Secretaries and Administrators,
(iv) the Chartered Institute of Marketing, Ghana,
(v) the Ghana National Chamber of Commerce,
(vi) the Institute of Professional Studies Alumni Association,
(vii) the Teachers and Education Workers Union,
(viii) the Students Representative Council of the Institute,
(d) two representatives of the senior members of staff of the Institute,
(e) the Executive Secretary of the National Council for Tertiary Education, and
(f) three other persons at least one of whom is a woman. (3) The chairman and the other members of the Council shall be appointed by the
President acting in consultation with the Council of State. 4.

woman. (3) The chairman and the other members of the Council shall be appointed by the
President acting in consultation with the Council of State. 4.

Functions of the Council
(1) The Council shall have general control over the management and policies of the
Institute and shall
(a) ensure the implementation and achievement of the objectives of the
Institute;
(b) appoint lectures and other persons to academic and administrative posts;
V-1503 [Issue 1]

tion and achievement of the objectives of the
Institute;
(b) appoint lectures and other persons to academic and administrative posts;
V-1503 [Issue 1]

ACT 566
Institute ofProfessional Studies Act, 1999
(c) oversee the internal organisation of the Institute including the establish
ment, variation and supervision of academic divisions, departments and fa
cilities of the Institute;
(d) publish annually information on the activities of the Institute;
(e) consider and approve annual estimates of income and expenditure of the
Institute; and
(f) perform any other function which are incidental to the achievement of the
objectives of the Institute. (2) The Council shall in the performance of its functions consult and collaborate with
the National Accreditation Board and National Council for Tertiary Education. 5. Tenure of office of members of the Council
(1) A member of the Council other than the Director of the Institute and the other ex
officio members shall hold office for a period of three years and are eligible for re
appointment. (2) A member of the Council other than the Director of the Institute and the other ex
officio members may at any time by letter addressed to the President through the chair
man resign from office.

ector of the Institute and the other ex
officio members may at any time by letter addressed to the President through the chair
man resign from office.

(3) A member who is absent from three consecutive meetings of the Council without
sufficient reason shall cease to be a member. (4) The chairman or a member of the Council may be removed from office by the
President for inability to perform the functions of office, for stated misbehaviour or for
any other just cause. (5) A member shall not hold office under more than one provision under section 3 (2)
and where at any time a member becomes a holder of two offices on the Council, the
member shall notify one of those institutions to nominate another person to be appointed
in stead of that member. (6) The chairman of the Council shall through the National Council for Tertiary Edu
cation and the Minster notify the President of vacancies that occur in the membership of
the Council within one month of the occurrence of the vacancy. 6. Meetings of the Council
(1) The Council shall meet at least once every three months for the despatch of busi
ness at the times and in the places as the chairman may determine. (2) The chairman shall on the request of not less than one third of the membership
convene a special meeting of the Council.

e chairman may determine. (2) The chairman shall on the request of not less than one third of the membership
convene a special meeting of the Council.

(3) The quorum at a meeting of the Council is seven members including the Director
of the Institute or the person acting in that capacity. (4) The chairman shall preside at the meetings of the Council and in the absence of
the chairman one of the members shall be elected to preside. [Issue 1] V -1504

rman shall preside at the meetings of the Council and in the absence of
the chairman one of the members shall be elected to preside. [Issue 1] V -1504

ACT 566
Institute ofProfessional Studies Act, 1999
(5) Questions before the Council shall be decided by a majority of the members pre
sent and voting. (6) The chairman or the person presiding at a meeting of the Council shall in the
event of equality of votes have a casting vote. (7) The Council may co-opt a person to act as an adviser at any of its meetings but a
co-opted person is not entitled to vote at the meeting. (8) The Deputy Director, the Finance Officer of the Institute and a representative of
the Ministry of Education shall attend meetings of the Council but shall not exercise any
voting rights. (9) The validity of the proceedings of the Council shall not be affected by a vacancy
among its members or by a defect in the appointment or qualification of a member. (10) Except as otherwise expressly provided for under this section, the Council shall
determine and regulate the procedure for its meetings. 7. Committees of the Council
The Council may appoint committees consisting of members or non-members or both
to exercise or advise the Council on any of its functions under this Act except that a com
mittee consisting entirely of non members may only advise the Council. 8.

advise the Council on any of its functions under this Act except that a com
mittee consisting entirely of non members may only advise the Council. 8.

Professional Advisory Committee, members, functions
(1) Without prejudice to section 7, there is established by this Act a committee of the
Council to be known as the Professional Advisory Committee. (2) The Professional Advisory Committee shall comprise
(a) the chairman who is a member of the Council,
(b) the Controller and Accountant-General or the representative of the
Accountant General,
(c) the Auditor-General or the representative of the Auditor-General,
(d) one representative of the
(i) Ministry of Finance,
(ii) Public Services Commission,
(iii) Ghana Employers Association,
(iv) Institute of Chartered Accountants, Ghana,
(v) Institute of Chartered Secretaries and Administrators, and
(vi) Chartered Institute of Marketing, Ghana. (3) The members of the Professional Advisory Committee shall be appointed by the
Council in consultation with the Minister. (4) The functions of the Professional Advisory Committee are,
(a) to advise the Council on the appropriate training programmes for profes
sional accountants, secretaries and administrators, marketers and related
professionals;
V-1505 [Issue 1]

e appropriate training programmes for profes
sional accountants, secretaries and administrators, marketers and related
professionals;
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Institute ofProfessional Studies Act, 1999
(b) to review the programmes of study instituted by the Institute and advise the
Council on the programmes;
(c) to monitor professional standards of the Institute and advise the Council on
measures to maintain good standards; and
(d) perform any other functions determined by the Council. (5) A member of the Professional Advisory Committee shall hold office for a period
of three years but is eligible for re-appointment. (6) The Professional Advisory Committee shall meet at least twice each academic
year or once in every semester for the despatch of business at the times and in the places
determined by the chairman. (7) The Professional Advisory Committee shall determine and regulate the procedure
at its meetings. 9. Allowances for members of the Council and committees
Members of the Council and members of committees of the Council shall be paid the
allowances determined by the Minister in consultation with the Minister for Finance. Academic Board
10. Academic Board of the Institute
There is established by this Act an academic board of the Institute. 11.

the Minister for Finance. Academic Board
10. Academic Board of the Institute
There is established by this Act an academic board of the Institute. 11.

Composition of the Board
The Board consists of
(a) the Director of the Institute as the chairman,
(b) the Deputy Director of the Institute,
(c) the heads of departments of the Institute,
(d) the heads of divisions, and
(e) any other persons as are specified in the statutes of the Institute. 12. Functions of the Board
(1) The Board is responsible for
(d) determining the criteria for the admission of candidates;
(b) matters that relate to the award of scholarships at the Institute;
(c) determining the content of curricula;
(d) determining academic standards, validation and review of courses;
(e) determining the policy and procedure for the assessment and examination
of students;
(f) the procedure for the award of qualifications;
(g) the procedure for expelling students on academic grounds;
[Issue 1] V-1506

ination
of students;
(f) the procedure for the award of qualifications;
(g) the procedure for expelling students on academic grounds;
[Issue 1] V-1506

ACT 566
Institute ofProfessional Studies Act, 1999
(h) the development of academic activities of the Institute;
(i) consideration of the resources required to support the academic activities of
the Institute; and
() the establishment of relationships with industry and business to promote
the entrepreneurial development of students of the Institute. (2) Without prejudice to subsection (1) the Board shall advise the Council generally
and in particular on academic matters of the Institute and shall perform any other func
tions conferred on it by statutes of the Institute or as the Council may refer to it. (3) The Board shall in the performance of its functions collaborate with the National
Board for Professional and Technician Examinations. 13. Committees of the Board
(1) The Board may for the performance of its functions appoint committees and as
sign to these committees the functions it may determine. (2) The membership of a committee appointed under subsection (1) and the tenure of
office of its members shall be defined by statutes prescribed by the Council. 14.

ship of a committee appointed under subsection (1) and the tenure of
office of its members shall be defined by statutes prescribed by the Council. 14.

Meetings of the Board
(1) The Board shall meet at least once every three months for the despatch of busi
ness at the times and in the places determined by the chairman. (2) The Board shall determine and regulate the procedure at its meetings. 15. Statutes of the Board
The Board may by statutes provide for matters relating to its responsibilities and any
other matter that falls within its power. Organisation of the Institute
16. Divisions of the Institute
(1) For purposes of academic work the Institute shall have the following divisions:
(a) the Accounting Division; and
(b) the Management Division. (2) The Council may with the approval of the National Council for Tertiary Educa
tion given in consultation with the Minister create in the Institute any other divisions with
the specified courses of study that it considers necessary for the efficient functioning of
the Institute. 17.

the Institute any other divisions with
the specified courses of study that it considers necessary for the efficient functioning of
the Institute. 17.

Internal organisation of the Institute
(1) The Council may make arrangements concerning the internal organisation of the
Institute including the establishment, variation and supervision of
(a) halls of residence, academic divisions, departments and other bodies, and
(b) lectureship, teaching, academic and administrative posts. V -1507 (Issue 1]

ls of residence, academic divisions, departments and other bodies, and
(b) lectureship, teaching, academic and administrative posts. V -1507 (Issue 1]

ACT 566
Institute ofProfessional Studies Act, 1999
(2) The Council shall in respect of academic matters exercise the powers referred to
in subsection (1) after consultation with the Board. 18. Students Representative Council
(1) The Institute shall have a Students Representative Council. (2) The constitution and functions of the Students Representative Council of the In
stitute shall be subject to the approval of the Council. 19. Convocation
The Institute shall have a convocation and the membership, functions and powers of it
shall be prescribed by statutes of the Council. 20. Congregation
(1) The Institute shall hold a congregation at the times that the Council may deter
mine for the purpose of conferring degrees, diplomas and awarding certificates. (2) A congregation of the Institute shall consist of the Council, the Board, members of
the convocation, graduates of the Institute and any other persons prescribed by statutes. Administration of the Institute
21. Director of the Institute
(1) There shall be a Director of the Institute who is a person with the requisite aca
demic qualifications and practical managerial experience.

titute
(1) There shall be a Director of the Institute who is a person with the requisite aca
demic qualifications and practical managerial experience.

(2) The Director of the Institute shall be appointed by the Council and he shall be the
principal academic and administrative officer of the Institute. (3) The Director of the Institute shall, subject to the directives that the Council may
give,
(a) exercise general authority over the staff of the Institute;
(b) be responsible for
(i) the co-ordination and implementation of programmes of the Institute;
(ii) disciplinary matters of the Institute;
(iii) the appointment, assignment, discipline, suspension and dismissal of
any employee of the Institute other than a member of the senior staff,
in accordance with procedures and terms laid down by the Council;
(iv) the preparation of the annual estimates of income and expenditure;
(v) the management of the budget and resources of the Institute within
the approved estimates;
(c) provide the Council with returns, reports and any other relevant informa
tion that it may require; and
(d) ensure the implementation of the decisions of the Council. (4) The terms and conditions of service of the Director of the Institute shall be speci
fied in the letter of appointment. [Issue 1] V-1508

e Council. (4) The terms and conditions of service of the Director of the Institute shall be speci
fied in the letter of appointment. [Issue 1] V-1508

ACT 566
Institute ofProfessional Studies Act, 1999
22. Deputy Director of the Institute
(1) The Institute shall have a Deputy Director who shall be appointed by the Council. (2) The Deputy Director of the Institute shall hold office on the terms and conditions
as the Council may determine. (3) The Deputy Director of the Institute shall
(a) assist the Director of the Institute in the performance of functions and per
form any other functions related to academic affairs that the Director of the
Institute may delegate, and
(b) perform any other functions that may be prescribed by statute. 23. Registrar
(1) The Institute shall have a Registrar who shall be appointed by the Council. (2) The Registrar of the Institute is responsible to the Director of the Institute in the
performance of administrative functions. (3) The Registrar of the Institute shall act as secretary to the Council, the Board and
any other boards and committees as may be prescribed by the statutes. (4) The Registrar of the Institute shall
(a) attend all meetings of the Council, and
(b) arrange the business for and shall record and keep the minutes of the meet
ings of the Council.

shall
(a) attend all meetings of the Council, and
(b) arrange the business for and shall record and keep the minutes of the meet
ings of the Council.

(5) The Registrar of the Institute shall hold office on the terms and conditions deter
mined by the Council. 24. Other staff of the Institute
(I) The Council may appoint any other officers and employees necessary for the
proper and effective achievement of the objectives of the Institute. (2) The terms and conditions of service of officers and the employees of the Institute
shall be determined by the Council. Financial and Miscellaneous Provisions
25. Funds of the Institute
(1) The funds of finance of the Institute include
(a) annual grants from the Government,
(b) charges, dues and fees received by the Institute in the performance of its
functions, and
(c) donations and income from any other source approved by the Council, but
donations and income from foreign bodies shall require prior written ap
proval of the Minister. V-1509 [Issue 1]

r source approved by the Council, but
donations and income from foreign bodies shall require prior written ap
proval of the Minister. V-1509 [Issue 1]

ACT 566
Institute ofProfessional Studies Act, 1999
(2) A sum of money received by or on behalf of the Institute shall be paid into a bank
account opened by the Council with the approval of the Accountant-General for the credit
of the Institute’s general or deposit account. 26. Accounts and audit
(1) The Institute shall keep proper books of account and proper records in relation to
them in the form approved by the Auditor-General. (2) The books and accounts of the Institute shall be audited by the Auditor-General
within six months after the end of each financial year. (3) The financial year of the Institute shall be the same as the financial year of the
Government. (4) The Director shall prepare budget estimates and a statement of assets and liabili
ties of the Institute for each financial year and present the estimates to the Council for its
consideration and approval not later than three months before the end of the financial
year. 27.

year and present the estimates to the Council for its
consideration and approval not later than three months before the end of the financial
year. 27.

Annual report and other reports
(1) The Council shall within six months after the expiration of each financial year
submit to the Minister through the National Council for Tertiary Education an annual
report covering the activities and operations of the Institute for the year to which the re
port 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 through the National Council for
Tertiary Education 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 a statement the Minister considers necessary. 28. Statutes of the Institute
(1) The Council may make statutes to carry into effect the objectives of the Institute.

he Minister considers necessary. 28. Statutes of the Institute
(1) The Council may make statutes to carry into effect the objectives of the Institute.

(2) Without limiting the generality of subsection (1), the Council may make statutes
to
(a) regulate the appointment, conditions of service, termination and retirement
benefits of the staff of the Institute;
(b) determine the persons who are authorised to enter into transactions, sign
documents, negotiable instruments and contracts on behalf of the Institute;
(c) determine the academic year of the Institute;
(d) ensure that the seal of the Institute is kept in proper custody and used only
on the authority of the Council. [Issue 1] V-1510

of the Institute;
(d) ensure that the seal of the Institute is kept in proper custody and used only
on the authority of the Council. [Issue 1] V-1510

ACT 566
Institute ofProfessional Studies Act, 1999
(3) A statute of the Institute shall be made in accordance with the following procedure:
(a) the draft of the statute shall first be circulated to membeis of the Council at
least fourteen days before the meeting at which it is to be considered;
(b) the draft of the statute may be approved by the Council provisionally with
or without amendment;
(c) a provisional statute with or without amendment is not enforceable unless it
is confirmed by the Council;
(d) the draft with or without amendment as provisionally approved by the
Council shall be circulated to the members of the Council at least 7 days
before the meeting at which it is to be confirmed. (4) Where the Council considers that a statute affects academic matters, the Council
shall similarly circulate the statute to the Academic Board. 29. Relationship with other institutions
The Council shall in the performance of its functions collaborate with the public and
private institutions that it considers necessary, and shall in particular consult and collabo
rate with the National Council for Tertiary Education. 30.

ivate institutions that it considers necessary, and shall in particular consult and collabo
rate with the National Council for Tertiary Education. 30.

Regulations
The Minister may on the advice of the Council by legislative instrument make Regu
lations for the implementation of the provisions of this Act. 31. Transfer of assets and liabilities
(1) All assets, rights and properties held on behalf of or for purposes of the Institute
of Professional Studies in existence immediately before the coming into force of this Act
are hereby transferred to the Institute established under this Act. (2) All obligations and liabilities subsisting against the Institute for Professional
Studies immediately before the coming into force of this Act shall on the coming into
force of this Act subsist between the Institute and the party concerned. 32. Interpretation
In this Act, unless the context otherwise requires
“Auditor-General” includes an auditor appointed by the Auditor-General;
“Board” means the Academic Board established under section 10;
“Council” means the Institute of Professional Studies Council established by sec
tion 3;
“Institute” means the Institute of Professional Studies established under section 1;
“management” means non-accounting programmes run by the Institute;
“Minister” means the Minister responsible for Education.

tablished under section 1;
“management” means non-accounting programmes run by the Institute;
“Minister” means the Minister responsible for Education.

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V-1511 [Issue 1]

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Institute ofProfessional Studies Act, 1999
“National Board for Professional and Technician Examinations” means the
National Board for Professional and Technician Examinations established under the
National Board for Professional and Technician Examinations Act, 1994 (Act 492);
“National Council for Tertiary Education” means the National Council for Ter
tiary Education established under the National Council for Tertiary Education
Act, 1993 (Act 454)
33. Dissolution, repeal and savings
(1) The Institute of Professional Studies Decree, 1978 (S.M.C.D. 200) is repealed by
this Act and accordingly the Management Board established under that Decree is dissolved. (2) Despite the repeal under subsection (1) any regulation or other instrument made
under that enactment and in force immediately before the coming into force of this Act
shall continue in force until amended or revoked under this Act. (3) An appointment made and students taken in under the repealed enactment which
are valid or subsisting on the coming into force of this Act shall remain valid or subsist as
if made under the corresponding provision of this Act until terminated or otherwise dealt
with under this Act. 34.

ct shall remain valid or subsist as
if made under the corresponding provision of this Act until terminated or otherwise dealt
with under this Act. 34.

Transitional provisions
(1) Until the commencement of the first meeting of the Council and until such time
as the bodies specified in this Act are established, there shall be established by the Minis
try of Education an Interim Management Board composed of
(a) the chairman;
(b) the Director of the Institute of Professional Studies,
(c) a representative of
(i) the Institute of Chartered Accountants (Ghana),
(ii) the Chartered Institute of Marketing,
(iii) the Ministry of Finance,
(iv) the Student Representative Council of the Institute of Professional
Studies,
(v) the Institute of Chartered Secretaries and Administrators,
(vi) the Ministry of Education,
(vii) the alumni,
(viii) the j unior staff,
(ix) the senior staff, and
(d) two representatives of the senior members,
all of whom shall be appointed by the Minister. (2) The Interim Management Board shall have and exercise the powers and functions
conferred by this Act on the Council. [Issue 1] V-1512