Forest Plantation Development Fund Act, 2000 (Act 583)
This section establishes a Forest Plantation Development Fund.
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- Ghana
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- Act 583
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Statute overview
About this statute
This section establishes a Forest Plantation Development Fund. The Fund’s objects are to provide financial assistance for forest plantation development and research and technical advice to people involved in plantation forestry, subject to specified conditions. Certain eligible people may apply for Fund funding, applications must use a prescribed form, and beneficiaries get timber ownership and tax-related benefits if conditions are met. The Fund’s money must come from the listed sources, including timber export levy proceeds, grants and loans, certain institutional grants, parliamentary support from the Consolidated Fund, and other sources approved by the Minister for Finance. Fund money must be paid into a bank account opened for that purpose with the Fund Management Bank, on the Board’s directions.
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Provisions of Forest Plantation Development Fund Act, 2000 (Act 583)
Showing 23 of 23
- 1 Verify source ↗
Establishment of Fund
This section establishes a Forest Plantation Development Fund.
Section 1—Establishment of Fund. There is established by this Act a Forest Plantation Development Fund. - 2 Verify source ↗
Objects of the Fund
The Fund’s objects are to provide financial assistance for forest plantation development and research and technical advice to people involved in plantation forestry, subject to specified conditions.
Section 2—Objects of the Fund. The objects of the Fund are to provide (a) financial assistance for the development of forest plantation on lands suitable for timber production, and (b) for research and technical advice to persons involved in plantation forestry on specified conditions.[As amended by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.1] - 3 Verify source ↗
Application for benefit
Certain eligible people may apply for Fund funding, applications must use a prescribed form, and beneficiaries get timber ownership and tax-related benefits if conditions are met.
Section 3—Application for Benefit. (1) A person capable of implementing a plantation programme in accordance with the criteria established under section 9 of this Act, may apply for funding from the Fund. (2) An application under subsection (1) shall be in a prescribed form. (3) A beneficiary of the Fund who observes the conditions set by the Board is entitled to exercise rights of ownership over any timber produced. (4) A beneficiary under subsection (3) includes a successor of the beneficiary. (5) A beneficiary under this Act is entitled to tax rebates and such other benefits that are applicable to it under the Ghana Investment Promotion Centre Act 1994 (Act 478). - 4 Verify source ↗
Sources of Fund
The Fund’s money must come from the listed sources, including timber export levy proceeds, grants and loans, certain institutional grants, parliamentary support from the Consolidated Fund, and other sources approved by the Minister for Finance.
Section 4—Sources of Fund. The moneys of the Fund shall be derived from— (a) the proceeds of the timber export levy imposed under the Trees and Timber Decree, 1974 (NRCD 273) as amended by the Trees and Timber (Amendment) Act, 1994 (Act 493); (b) grants and loans for encouraging investment in plantation forestry;[As amended by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.2(a).] (c) grants provided by international environmental and other institutions to support forest plantation development projects for social and environmental benefits; (d) moneys to support forest plantation development (i) provided by Parliament from the Consolidated Fund; and (ii) from any other source approved by the Minister for Finance.[As substituted by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.2(b).] - 5 Verify source ↗
Bank account of the Fund PART II—MANAGEMENT OF THE FUND
Fund money must be paid into a bank account opened for that purpose with the Fund Management Bank, on the Board’s directions.
Section 5—Bank Account of the Fund. Moneys for the Fund shall on the directions of the Board be paid into a bank account opened for the purpose with the Fund Management Bank appointed under section 8. PART II—MANAGEMENT OF THE FUND - 6 Verify source ↗
Establishment of Board
This section creates the Forest Plantation Development Fund Management Board and says its members are appointed by the President after consultation with the Council of State.
Section 6—Establishment of Board. (1) There is established by this Act the Forest Plantation Development Fund Management Board. (2) The Board consists of— (a) a chairman who is a person involved with the plantation industry; (b) the Chief Director of the Ministry of Lands and Forestry; (c) two representatives of institutions, organizations, companies or bodies involved with the plantation industry; (d) one representative of tree growers; (e) one representative of the Fund Management Bank; and (f) one representative of a donor or a financial agency which contributes to the Fund a sum of money equal to or greater than the initial deposit derived from the proceeds of the export levy referred to in section 4 of this Act as at the date of the coming into force of this Act.[As substituted by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.3.] (3) The members of the Board shall be appointed by the President in consultation with the Council of State. - 7 Verify source ↗
Functions of the Board
The Board must carry out the Fund’s administration, funding, investment, promotion, scheme support, and monitoring functions.
Section 7—Functions of the Board. The Board shall be responsible for— (a) administering the Fund; (b) attracting contributions into the Fund and investing the moneys of the Fund; (c) encouraging investment in forest plantation development through incentives and other benefits;[As amended by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.4.] (d) facilitating best practices for optimum timber plantation establishment and management; (e) promoting a feasible scheme that supports related forest projects; and (f) monitoring the progress of the scheme to ensure compliance with the objects of the Act. - 8 Verify source ↗
Appointment of Fund Management Bank
The Board must choose a bank through a transparent competitive process and contract it to manage the Fund. The Management Bank must manage the Fund, disburse money, and recover money lent from the Fund under the Board’s directions.
Section 8—Appointment of Fund Management Bank. (1) For the purposes of section 7, the Board shall select a bank by a transparent competitive process and enter into a contract for its services to manage the Fund. (2) The Management Bank shall under the directions of the Board be responsible for the (a) sound management of the Fund, (b) disbursement of moneys, and (c) recovery of money lent from the Fund. - 9 Verify source ↗
Disbursement of Fund
The Board must prepare and publish disbursement criteria for the Fund with the Minister’s approval, and it may authorise the Management Bank to make Fund payments.
Section 9—Disbursement of Fund. (1) The Board shall, with the approval of the Minister prepare and publish criteria for the disbursement of moneys from the Fund and may authorise the Management Bank to make payments from the Fund— (a) for a specified size of plantation establishment and the relevant management costs, training and other incentives determined by the Board; (b) to forest plantation growers and forestry firms that may qualify to benefit from incentives determined by the Board; (c) to pay management fees and operational expenses of the Fund Management Bank; and (d) for the payment of any other relevant expenses as the Board may determine. - 10 Verify source ↗
Forest Plantation Development Scheme
The Board must prepare a forest plantation development scheme for ministerial approval within 12 months, and the Management Bank must prepare an annual budget for approved schemes.
Section 10—Forest Plantation Development Scheme. (1) For the purposes of section 7(e) the Board shall, within twelve months of the coming into force of this Act, prepare for the approval of the Minister a forest plantation development scheme to cover up to two hundred thousand hectares of land for a period of not less than ten years and not more than twenty-five years.[As amended by the Forest Plantation Development Fund (Amendment) Act, 2002 (Act 623), s.5] (2) The Scheme shall be presented in a form determined by the Board and shall include— (a) projection of relevant annual expenditure from the Fund and the basis for the projection; (b) projection of revenues for the Fund from various sources and the activities required to attract additional contributions to the Fund; (c) provision for the review of the scheme every five years; and (d) provision for recovery of any outstanding disbursed credit. (3) The Management Bank shall prepare an annual budget for each financial year in respect of a scheme approved by the Minister based on— (a) applications that qualify for incentives from the Fund; (b) previously approved commitments for use of the Fund; and (c) on-going and new activities to meet the objects of the Fund. - 11 Verify source ↗
Forest Plantation Inspectors
The Board may appoint forest plantation inspectors. Inspectors or Board-authorized persons may enter certain beneficiary plantations at reasonable times to inspect them. Assaulting or obstructing them is an offence punishable by a fine, imprisonment, or both.
Section 11—Forest Plantation Inspectors. (1) The Board may appoint officers designated as Forest plantation inspectors referred to in this Act as “Inspectors”. (2) An inspector or any person authorized by the Board may at any reasonable time enter into a plantation which is a beneficiary of the Fund to inspect the plantation. (3) A person who assaults or obstructs an inspector or any authorised person acting in execution of duty under subsection (2) commits an offence and is liable on summary conviction to a fine of not less than five million cedis or to a term of imprisonment of not more than two years or to both. - 12 Verify source ↗
Tenure of office of members
Board members who are not ex-officio members serve for up to four years, may resign by letter, and can be removed by the President for stated causes.
Section 12—Tenure of Office of Members. (1) A member of the Board other than an ex-officio member shall hold office for a period not exceeding four years and is eligible for reappointment. (2) A member of the Board other than an ex-officio member may at any time by letter addressed to the President through the Minister resign from office. (3) A member who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (4) A member of the Board 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) The chairman of the Board shall through the Minister notify the President of vacancies that occur in the membership of the Board within one month of the occurrence of the vacancy. - 13 Verify source ↗
Meeting of the Board
This section sets how the Board meets, who presides, how decisions are made, quorum rules, and when the chairman must call a special meeting.
Section 13—Meeting of the Board. (1) The Board shall meet for the despatch of business at the times and in the places determined by the chairman but shall meet at least once every two months. (2) The chairman shall upon the request of not less than one-third of the membership of the Board convene a special meeting of the Board. (3) The quorum at a meeting of the Board shall be five members of whom at least two shall be from the public sector and two from the private sector. (4) The chairman shall preside at meetings of the Board and in his absence a member elected by the members present from among their number shall preside. (5) Questions before the Board shall be decided by a majority of the members present and voting. (6) The chairman or the person presiding at a meeting of the Board shall in the event of equality of votes have a second or casting vote. (7) The Board may co-opt any person to act as an adviser at its meetings but a co-opted person shall not vote at the meeting. (8) The validity of the proceedings of the Board shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member. (9) Except as otherwise expressly provided for under this section, the Board shall determine and regulate the procedure for its meetings. - 14 Verify source ↗
Disclosure of interest
Board members with an interest in a matter must disclose that interest and must not take part in the Board’s discussion or decision on it.
Section 14—Disclosure of Interest. (1) A member of the Board who is interested in any matter being considered by the Board shall disclose the nature of that interest and shall not take part in any deliberation or decision of the Board with respect to that matter. (2) A member who fails to disclose interest under subsection (1) of this section, ceases to be a member of the Board. - 15 Verify source ↗
Allowances for members PART III—FINANCIAL PROVISIONS AND ADMINISTRATION
Board members are to be paid allowances, with the amount set by the Minister after consulting the Minister responsible for Finance.
Section 15—Allowances for Members. The members of the Board shall be paid allowances as the Minister, in consultation with the Minister responsible for Finance, may determine. PART III—FINANCIAL PROVISIONS AND ADMINISTRATION - 16 Verify source ↗
Accounts and audit
The Board must keep proper accounting records, use a form approved by the Auditor-General, and ensure the Fund’s books are audited after each financial year. Technical audits are also done selectively by the Auditor-General or an auditor he appoints, based on the Board’s recommendations.
Section 16—Accounts and Audit. (1) The Board shall keep books of account and proper records in relation to them and the books of account and records shall be in a form approved by the Auditor-General. (2) The books of account of the Fund shall be audited by the Auditor-General or by an auditor appointed by him, within three months after the end of each financial year. (3) In addition to the annual audit, technical audits shall be conducted on a selective basis by the Auditor-General or by an auditor appointed by the Auditor-General on the recommendations of the Board. - 17 Verify source ↗
Secretarial services for the Fund
The Chief Director of the Ministry must act as secretary to the Board and arrange the Board’s business, and the Ministry must provide any other staff necessary for the Board’s work.
Section 17—Secretarial Services for the Fund. (1) The Chief Director of the Ministry shall act as the secretary to the Board and shall arrange the business of the Board. (2) There shall also be provided by the Ministry for the work of the Board such other staff as may be necessary. - 18 Verify source ↗
Financial year
The Fund must use the same financial year as the Government.
Section 18—Financial Year. The financial year of the Fund shall be the same as the financial year the Government. - 19 Verify source ↗
Annual report
The Board must send an annual report to the Minister within six months after each financial year, and the Minister must then send it to Parliament within two months of receiving it.
Section 19—Annual Report. (1) The Board shall submit to the Minister not later than six months after the end of each financial year a report dealing generally with the activities and operation of the Fund during the year to which the report relate and shall include— (a) the audited accounts of the Fund and Auditor-General’s report on the accounts of the Fund; and (b) such other information as the Board may consider necessary. (2) The Minister shall within two months after the receipt of the annual report submit the report to Parliament with such statement as he considers necessary. - 20 Verify source ↗
Transfer of money
Money in the Forest Improvement Fund is transferred to the Fund established under section 1, subject to any required payments under the Forest Improvement Fund Act or other enactments.
Section 20—Transfer of Money. The money in the Forest Improvement Fund established under the Forest Improvement Fund Act, 1960 (No. 12 of 1960) is hereby transferred into the Fund established under section 1 of this Act subject to any payment required under the Forest Improvement Fund Act or any other enactment. - 21 Verify source ↗
Regulations
The Minister may make Regulations by legislative instrument to implement this Act effectively.
Section 21—Regulations. The Minister may by legislative instrument make Regulations for the effective implementation of this Act. - 22 Verify source ↗
Interpretation
This section defines key terms used in the Act, including the Board, Management Bank, Fund, incentives, Inspector, Minister, Ministry, and plantation.
Section 22—Interpretation. In this Act unless the context otherwise requires— “Board” means the Forest Plantation Development Fund Management Board established under section 6; “Management Bank” means the bank appointed under section 8; “Fund” means the Forest Plantation Development Fund established under section 1; “incentives” means loans, rebates, grants and insurance; “Inspector” means any competent professional person appointed by the Board to conduct an assessment of a forest plantation project; “Minister” means the Minister for Lands and Forestry; “Ministry” means the Ministry of Lands and Forestry; “plantation” includes any project undertaken with financial assistance from the Fund. - 23 Verify source ↗
Section 23
This section repeals two enactments: the Forest Improvement Fund Act, 1960 and the Forest Improvement Fund (Amendment) Act, 1962.
Section 23—Repeal. The following enactments are repealed: the Forest Improvement Fund Act, 1960 (No. 12 of 1960); and the Forest Improvement Fund (Amendment) Act, 1962 (Act 144). Date of Gazette Notification: 6th October, 2000.
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