Ghana Act or statute

Parliament of Ghana

National Development Planning Commission Act, 1994 (Act 479)

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Jurisdiction: Ghana
Structure: 22 provisions
Citation: Act 479
Dates: Undated source snapshot

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Purpose and legislative effect

“This section establishes the National Development Planning Commission, called “the Commission” in the Act.”

This section establishes the National Development Planning Commission, called “the Commission” in the Act. The Commission must advise the President and carry out a range of development-planning functions. This section says what the Commission must include in its membership and who appoints or elects each category of member. Commission members other than ex-officio members serve four years, may be reappointed, and vacancy or incapacity triggers notification or replacement steps. A person can serve as a Commission member only if they meet the listed qualification rules and are not caught by the disqualifying conditions.

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Establishment of the Commission

This section establishes the National Development Planning Commission, called “the Commission” in the Act.

Section 1

Resignation

The Chairman may resign by notice to the President. A Commission member other than an ex officio member may also resign by notice to the President through the Chairman.

Section 6

Delegation of power of appointment

The President may delegate the power to appoint the Director-General, Directors, and other staff, if this is done in accordance with article 195(2) of the Constitution.

Section 12

Funds of Commission

Parliament must fund the Commission’s operational and administrative expenses, and the Commission may receive money from other sources if the Minister responsible for Finance approves those sources.

Section 17

Interpretation

This section defines “Commission” as the National Development Planning Commission, unless the context otherwise requires.

Section 22

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Showing 22 of 22 provisions

Provision 20OffenceInterpretation

§ 1Establishment of the CommissionProvision

This section establishes the National Development Planning Commission, called “the Commission” in the Act.

Section 1—Establishment of the Commission. There is established by this Act a National Development Planning Commission referred to in this Act as "the Commission".

Section 1Verify source

§ 2Functions of the Commission PART II—COMPOSITION, QUALIFICATION OF MEMBERS AND RELATED PROVISIONSProvision

The Commission must advise the President and carry out a range of development-planning functions.

Section 2—Functions of the Commission. (1) The Commission shall advise the President on development planning policy and strategy. (2) The Commission shall, at the request of the President, Parliament, or on its own initiative — (a) study and make strategic analyses of macro-economic and structural reform options; (b) make proposals for the development of multiyear rolling plans taking into consideration the resource potential and comparative advantage of the different districts of Ghana; (c) make proposals for the protection of the natural and physical environment with a view to ensuring that development strategies and programmes are in conformity with second environmental principles; 3 (d) make proposals for ensuring the even development of the districts of Ghana by the effective utilisation of available resources; (e) monitor, evaluate and co-ordinate development policies, programmes and projects; (f) undertake studies' and make recommendations on development and socio-economic issues; (g) formulate comprehensive national development planning strategies and ensure that the strategies including consequential policies and programmes are effectively carried out; (h) prepare broad national development plans; (i) keep under constant review national development plans in the light of prevailing domestic and international economic, social and political conditions and make recommendations for the revision of existing policies and programmes where necessary; and (j) perform such other functions relating to development planning as the President may direct. PART II—COMPOSITION, QUALIFICATION OF MEMBERS AND RELATED PROVISIONS

Section 2Verify source

§ 3Membership of the CommissionProvision

This section says what the Commission must include in its membership and who appoints or elects each category of member.

Section 3—Membership of the Commission. (1) The Commission shall consist of— (a) a Chairman who shall be appointed by the President in consultation with the Council of State; (b) a Vice Chairman elected by the members from among their number; (c) the Minister responsible for Finance and such other Ministers of State as the President may appoint; (d) the Government Statistician; (e) the Director-General appointed under section 10 of this Act; (f) the Governor of the Bank of Ghana; (g) One representative from each region of Ghana appointed by the Regional Co-ordinating Council of the region who shall have experience in development planning; and (h) such other persons as may be appointed by the President having regard to their knowledge and experience of the relevant areas and roles pertaining to development, and to economic, social, environmental and spatial planning.

Section 3Verify source

§ 4Tenure of office of membershipProvision

Commission members other than ex-officio members serve four years, may be reappointed, and vacancy or incapacity triggers notification or replacement steps.

Section 4—Tenure of Office of Membership. (1) The members of the Commission other than the ex-officio members shall hold office for four years and shall be eligible for reappointment for a further term. (2) A member of the Commission appointed by a Regional Co-ordinating Council or the President shall cease to be a member if the Regional Co-ordinating Council or the President revokes the appointment by a letter addressed to the Chairman of the Commission. 4 (3) The Chairman of the Commission shall notify the President or other appointing authority of vacancies which occur in the membership of the Commission. (4) When the Chairman is incapacitated by Illness or other cause from performing the functions of his office, the Vice-Chairman shall act for him until he is able to resume the performance of his duties. (5) When a member other than an ex-officio member is incapacitated by illness or any other cause from performing the functions of his office, the President or the appointing authority shall appoint another person to act for him until he is able to resume the performance of his duties.

Section 4Verify source

§ 5Qualification of membersOffence

A person can serve as a Commission member only if they meet the listed qualification rules and are not caught by the disqualifying conditions.

Section 5—Qualification of Members. (1) No person is qualified to be a member of the Commission who— (a) is not a citizen of Ghana; (b) has been adjudged or otherwise declared— (i) bankrupt under any law in force in Ghana and has not been discharged; or (ii) to be of unsound mind or is detained as a criminal lunatic under any law in force in Ghana; or (c) has been convicted— (i) for high crime under the Constitution or high treason of treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or (ii) for any other offence punishable by death or by a sentence of not less than ten years; or (d) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the State or mis-used or abused his office, or wilfully acted in a manner prejudicial to the interest of the State, and the findings have not been set aside on appeal or judicial review; or (e) is under sentence of death or other sentence of imprisonment imposed on him by any court; or (f) is otherwise disqualified by a law for the time being in force. (2) Without prejudice to subsection (1) of this section a member of the Commission shall cease to be a member, if, in the case of a person possessed of professional qualification, he is disqualified or suspended from practising his profession by an order of a competent authority, made in respect of him personally or ceases to be a member of the profession otherwise than at his own request.

Section 5Verify source

§ 6ResignationProvision

The Chairman may resign by notice to the President. A Commission member other than an ex officio member may also resign by notice to the President through the Chairman.

Section 6—Resignation. (1) The Chairman may resign his office by notice addressed to the President. (2) A member of the Commission other than an ex officio member may resign his office by notice addressed to the President through the Chairman of the Commission. 5

Section 6Verify source

§ 7RemovalProvision

The President may remove the Chairman of the Commission, and other Commission members except ex-officio members, for inability to perform their functions or stated misconduct.

Section 7—Removal. (1) The Chairman of the Commission may be removed from office by the President in consultation with the Council of State for inability to perform the functions of his office or for stated misconduct. (2) A member of the Commission other than an ex-officio member may be removed from office by the President for inability to perform the functions of his office or for stated misconduct.

Section 7Verify source

§ 8Allowance of members of the Commission PART III—ORGANISATION AND MANAGEMENT OF THE COMMISSIONProvision

The Chairman and other members of the Commission are to receive an allowance set by the President, after consulting the Minister responsible for Finance.

Section 8—Allowance of Members of the Commission. The Chairman and other members of the Commission shall paid such allowance as the President in consultation with the Minister responsible for Finance may determine. PART III—ORGANISATION AND MANAGEMENT OF THE COMMISSION

Section 8Verify source

§ 9Divisions of the CommissionProvision

The Commission must have whatever divisions are needed to carry out its functions, and each division must be headed by a Director appointed by the President.

Section 9—Divisions of the Commission. (1) The Commission shall have such divisions as may be necessary for the effective implementation of its functions. (2) Each division shall be headed by a Director who shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission.

Section 9Verify source

§ 10Director-GeneralProvision

The Commission must have a Director-General. The Director-General may delegate office functions, but remains ultimately responsible.

Section 10—Director General. (1) The Commission shall have a Director-General who shall be appointed by the Present acting in accordance with the advice of the Commission given in consultation with the Public Services Commission. (2) The Director General shall, subject to the general direction of the Commission, be responsible for the efficient organisation and management of the Commission. (3) The Director-General may delegate the functions of his office to an officer of the Commission but he shall not be relieved from his ultimate responsibility for the discharge of the delegated function.

Section 10Verify source

§ 11Staff of the CommissionProvision

The Commission must have enough staff to carry out its functions, the President appoints the other officers and staff on the Commission’s advice, public officers may be transferred or seconded to assist, and the Commission may hire consultants and advisers.

Section 11—Staff of Commission. (1) Without prejudice to section 9, the Commission shall Commission have such officers and staff as may be reasonably necessary for the effective discharge of its functions. (2) The other officers and staff shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission. (3) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it. (4) The Commission may engage the services of consultants and advisers.

Section 11Verify source

§ 12Delegation of power of appointmentProvision

The President may delegate the power to appoint the Director-General, Directors, and other staff, if this is done in accordance with article 195(2) of the Constitution.

Section 12—Delegation of Power of Appointment. The President may in accordance with article 195 (2) of the Constitution delegate his power of appointment of the Director-General, Directors and other staff. 6

Section 12Verify source

§ 13CommitteesProvision

The Commission may appoint committees and give them functions, but a committee made up only of non-members may only advise the Commission.

Section 13—Committees. The Commission may appoint committees made up of members, non-members or both and may assign to them such functions as it may determine except that a committee composed exclusively of non-members may only advise the Commission.

Section 13Verify source

§ 14Relationship with other authoritiesProvision

Public authorities must cooperate with the Commission, and no person or authority may use statutory powers or duties in a way that conflicts with the Commission’s powers and duties.

Section 14—Relationship. (1) Government departments, agencies and other public with authorities particularly those with functions relating to population issues shall co-operate fully with the Commission in the exercise of its functions under this Act. (2) No person or authority shall exercise any statutory power or duty inconsistent with powers and duties conferred on the Commission by this Act.

Section 14Verify source

§ 15Cross-sectoral planning groupsProvision

The Commission must create cross-sectoral planning groups and hold their meetings at least every three months.

Section 15—Cross-sectoral Planning Groups. (1) The Commission shall establish cross-sectoral planning groups which shall integrate and co-ordinate the planning and development activities of such sectors of the economy as it may determine. (2) The cross-sectoral planning group shall consist of— (a) representatives of the Commission; (b) representatives of the relevant sector Ministries; (b) representatives of appropriate public sector institutions and private sector organisations; and (c) such individuals selected for their knowledge and experience as the Commission may determine. (2) The Commission shall convene meetings of the cross-sectoral planning groups at least once every three months.

Section 15Verify source

§ 16Meetings of Commission PART IV—FINANCIAL AND MISCELLANEOUS PROVISIONSProvision

The Commission must meet regularly, at least every two months and before development plan proposals are submitted, and follow the chairing and quorum rules set out here.

Section 16—Meetings of Commission. (1) The Commission shall meet at such times and places as the Chairman of the Commission may determine but shall meet at least once in every two months and shall meet prior to the sub- mission of any development plan proposals to the President. (2) The Chairman of the Commission shall preside at each meeting of the Commission but in his absence the Vice-Chairman shall preside. (3) In the absence of the Chairman and the Vice-Chairman a member of the Commission elected by the members present shall preside. (4) The quorum for a meeting of the Commission shall be not less than half of the membership of the Commission. (5) The validity of the proceedings of the Commission shall not be affected by a vacancy in its membership or any defect in the appointment of a member. 7 (6) The Commission may co-opt such persons as it considers necessary to attend any of its meetings. (7) Except as otherwise provided in this Act, the Commission shall regulate its own procedure. PART IV—FINANCIAL AND MISCELLANEOUS PROVISIONS

Section 16Verify source

§ 17Funds of CommissionProvision

Section 17—Funds of Commission. Parliament shall provide the Commission with funds for its operational and administrative expenses and the Commission may receive monies from other sources approved by the Minister responsible for Finance.

Section 17Verify source

§ 18Accounts and AuditProvision

The Commission must keep proper books and records, use a form approved by the Auditor-General, and have its books audited annually within six months after the end of the previous financial year. The Auditor-General may also appoint an auditor.

Section 18—Accounts and Audit. (1) The Commission shall keep proper books of account and Proper records in relation to them and the account books and records of the Commission shall be in a form approved by the Auditor-General. (2) The books and accounts of the Commission shall be audited annually by the Auditor- General within six months of the end of the immediately preceding financial year. (3) The Auditor-General may appoint an auditor to audit the books and accounts of the Commission.

Section 18Verify source

§ 19Annual reportProvision

The Commission must submit an annual report to the President and Parliament each financial year, and no later than six months after the year ends.

Section 19—Annual Report. The Commission shall as soon as possible after the expiration of each financial year but within six months after the end of the financial year submit an annual report to the President and Parliament dealing generally with the activities of the Commission and including the Auditor- General's report on the accounts.

Section 19Verify source

§ 20Access to informationProvision

The Commission may require a public officer to provide official documents or information in writing within a specified period, and the request is binding.

Section 20—Access to Information. The Commission may request any public officer in writing to furnish it with any official document or information within a specified period for the discharge of its functions under this Act and the request shall be binding on the person concerned.

Section 20Verify source

§ 21RegulationsProvision

The Commission may make regulations, but only with the President’s approval, and the power must be signified under the hand of the Chairman.

Section 21—Regulations. (1) The Commission may, with the approval of the President, by legislative instrument make regulations on the development planning process and generally to give effect to the provisions of this Act. (2) The exercise of the power to make regulations shall be signified under the hand of the Chairman.

Section 21Verify source

§ 22InterpretationInterpretation

This section defines “Commission” as the National Development Planning Commission, unless the context otherwise requires.

Section 22—Interpretation. In this Act, unless the context otherwise requires— "Commission" means the National Development Planning Commission. Date of Gazette Notification: 2nd September, 1994.

Section 22Verify source

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Commission. There is established by this Act
Section 1

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