Ghana Act or statute

Parliament of Ghana

National Population Council Act, 1994 (Act 485)

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Jurisdiction: Ghana
Structure: 19 provisions
Citation: Act 485
Dates: Undated source snapshot

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Purpose and legislative effect

“This section establishes the National Population Council, gives it corporate status, lets it sue and be sued, and allows it to hold property and make contracts for its functions.”

This section establishes the National Population Council, gives it corporate status, lets it sue and be sued, and allows it to hold property and make contracts for its functions. The Council’s members are appointed by the President in consultation with the Council of State, and the President must consider appointees’ knowledge and ability for the NGO/citizen seats. The Council has a range of functions on population policy, including advising government, recommending policy changes, promoting programmes, setting targets, coordinating monitoring, and encouraging private-sector participation. Council members generally serve up to three years; non-Executive Director members may resign, and the President may remove the Chairman or a member for stated causes. The Chairman and other Council members must be paid allowances, and the Council may determine the amount with the Minister responsible for Finance’s approval.

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Establishment of Council

This section establishes the National Population Council, gives it corporate status, lets it sue and be sued, and allows it to hold property and make contracts for its functions.

Section 1

Meetings of the Council

This section sets rules for how the Council meets, who can call meetings, quorum, presiding arrangements, voting, and who may vote.

Section 6

Executive Director and his functions

The President appoints the Executive Director of the Council. The Executive Director must run the Secretariat and the Council’s day-to-day administration, may delegate duties to Council officers, remains ultimately responsible, and serves as secretary to the…

Section 10

Accounts and audits

The Council must keep proper accounts and records, use an Auditor-General-approved form, and have its accounts audited within six months after each financial year. The Executive Director must prepare yearly budget estimates and submit t…

Section 15

Regulations

The President, or a Minister he designates, may make regulations by legislative instrument for implementing this Act, if advised by the Council.

Section 19

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Showing 19 of 19 provisions

Provision 19

§ 1Establishment of CouncilProvision

This section establishes the National Population Council, gives it corporate status, lets it sue and be sued, and allows it to hold property and make contracts for its functions.

Section 1—Establishment of Council. (1) There is established by this Act a body to be known as the National Population Council referred to in this Act as the "Council". (2) The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Council may for the discharge of its functions acquire and hold any movable or immovable property and enter into any contract or other transaction. (4) The Council shall be responsible to the President.

Section 1Verify source

§ 2Composition of the CouncilProvision

The Council’s members are appointed by the President in consultation with the Council of State, and the President must consider appointees’ knowledge and ability for the NGO/citizen seats.

Section 2—Composition of the Council. (1) The Council shall consist of the following members who shall be appointed by the President in consultation with the Council of State— (a) a chairman who shall be a person knowledgeable in population matters; (b) a Vice-Chairman; (c) the Executive Director appointed under section 10 of this Act; (d) one representative from each of the following— 3 (i) the National Council on Women and Development (N.C.W.D.); (ii) the National Association of Farmers and Fishermen; (iii) the National Development Planning Commission (N.D.P.C.); (iv) the Ministry of Finance; (v) the Ministry of Health; (vi) the Trades Union Congress; (vii) the Statistical Service; (viii) the Ghana Medical Association; (ix) the National House of Chiefs. (e) three persons representing NGO's registered in Ghana; and (f) eight other citizens at least three of whom shall be women. (2) The President shall in appointing the persons under paragraph (f) of subsection (1) of this section have regard to the knowledge of the persons and their ability to contribute to the work of the Council.

Section 2Verify source

§ 3Functions of the CouncilProvision

The Council has a range of functions on population policy, including advising government, recommending policy changes, promoting programmes, setting targets, coordinating monitoring, and encouraging private-sector participation.

Section 3—Functions of the Council. The Council shall have the following functions— (a) advise the Government on population programmes and activities which the Council considers necessary for better and effective population management; (b) recommend such new population policies or changes to existing policies as it considers necessary for a better and effective population management; (c) promote comprehensive population programmes for integration into the national development plans; (d) determine targets for population programme performance and the expected impact and recommend strategies for their achievement; (e) encourage the full participation of the private sector in attaining the set population targets or goals; (f) promote research and studies on population issues; (g) co-ordinate and monitor population programmes in the country; (h) advise on suitable methods for generating internal and external resources to support the implementation of population policies; and (i) perform such other functions as are incidental to the foregoing.

Section 3Verify source

§ 4Tenure of office of membersProvision

Council members generally serve up to three years; non-Executive Director members may resign, and the President may remove the Chairman or a member for stated causes.

Section 4—Tenure of Office of Members. 4 (1) A member of the Council other than the Executive Director shall hold office for a period not exceeding three years and shall on the expiration of that period be eligible for re- appointment. (2) A member of the Council other than the Executive Director may at any time by letter addressed to the President resign his office. (3) A member who is absent from three consecutive meetings of the Council without sufficient cause shall ceased 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 his office, for stated misbehavior or for any other just cause. (5) The Chairman of the Council shall notify the President of vacancies that occur in the membership of the Council within three months of occurrence of the vacancy.

Section 4Verify source

§ 5Allowances for membersProvision

The Chairman and other Council members must be paid allowances, and the Council may determine the amount with the Minister responsible for Finance’s approval.

Section 5—Allowances for Members. The Chairman and the other members of the Council shall be paid such allowances as the Council with the approval of the Minister responsible for Finance, may determine.

Section 5Verify source

§ 6Meetings of the CouncilProvision

This section sets rules for how the Council meets, who can call meetings, quorum, presiding arrangements, voting, and who may vote.

Section 6—Meetings of the Council. (1) The Council shall meet for the despatch of business at such times and in such places as the Chairman may determine but shall meet at least twice in a year. (2) The Chairman shall upon 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 shall consist of at least one-third of the membership and shall include the Executive Director or the person acting in that capacity. (4) Every meeting of the Council shall be presided over by the Chairman and in his absence by the Vice Chairman and in the absence of both, by a member of the Council elected by the members present from among their number. (5) Questions before the Council shall be decided by a majority of the members present 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 second or casting vote. (7) The Council may co-opt any person to attend any of its meetings but no co-opted person is entitled to vote at the meeting. (8) 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. (9) Except as otherwise expressly provided for under this Act, the Council shall determine a regulate the procedure for its meetings.

Section 6Verify source

§ 7Committees of the CouncilProvision

The Council may appoint committees, including technical committees, and may give those committees functions of the Council.

Section 7—Committees of the Council. 5 The Council may for the discharge of its functions appoint committees including technical committees of the Council comprising members of the Council or non-members or both and may assign to any such committee such functions of the Council as it may determine.

Section 7Verify source

§ 8Function of Regional Co-ordinating Office and District AssemblyProvision

The offices of each Regional Co-ordinating Council and District Assembly must carry out Council functions that the Council assigns to them.

Section 8—Function of Regional Co-ordinating Office and District Assembly. The office of each Regional Co-ordinating Council and of each District Assembly shall perform such function of the Council in the region or district as the Council may assign to them. PART II—MANAGEMENT AND GENERAL PROVISIONS

Section 8Verify source

§ 9Secretariat of the CouncilProvision

The Secretariat is made up of the Council’s staff and employees, is headed by the Executive Director, and must carry out the Council’s decisions subject to the Act.

Section 9—Secretariat of the Council. (1) There shall be a National Population Council Secretariat referred to in this Act as the "Secretariat" which shall consist of the staff and employees of the Council and shall be headed by the Executive Director. (2) The Secretariat shall, subject to the provisions of this Act, be responsible for giving effect to the decisions of the Council.

Section 9Verify source

§ 10Executive Director and his functionsProvision

Section 10—Executive Director and his Functions. (1) There shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission an Executive Director of the Council who shall be the chief executive of the Council. (2) The Executive Director shall hold office on such terms and conditions as shall be specified in his letter of appointment. (3) Subject to such general directives as the Council may give, the Executive Director shall be responsible for the direction of the work of the Secretariat and for the day-to-day administration of the Council and shall ensure the implementation of the decision of the Council. (4) The Executive Director may delegate such of his duties as he may determine to any officer of the Council but the Executive Director shall not be relieved from ultimate responsibility for the discharge of any delegated function. (5) The Executive Director shall be the secretary to the council.

Section 10Verify source

§ 11Appointment of other staffProvision

The Council must have enough officers and employees to do its work, the President makes appointments of Council officers with advice from the Council and consultation with the Public Services Commission, other public officers may be transferred or seconded to the Council, and the Council may engage experts and consultants.

Section 11—Appointment of Other Staff. (1) The Council shall have such other officers and employees as may be necessary for the proper and effective performance of its functions under this Act. (2) Appointment of officers of the Council shall be made by the President in accordance with the advice of the Council given in consultation with the Public Services Commission. (3) Other public officers may be transferred or seconded to the Council. (4) The Council may engage the services of such experts and consultants as it may determine.

Section 11Verify source

§ 12Delegation of power of appointmentProvision

The President may delegate his power to appoint public officers under this Part, if 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 public officers under this Part. 6

Section 12Verify source

§ 13Funds of the CouncilProvision

The Council’s funds come from government subvention, monies accruing in its functions, investment profits, and gifts or donations. It may invest unused monies with the Minister for Finance’s approval.

Section 13—Funds of the Council. (1) The funds of the Council shall consist of— (a) Government subvention; (b) any monies that may accrue to the Council in the performance of its functions; (c) profits from investments; and (d) gifts and donations. (2) The Council may with the approval of the Minister for Finance invest such of its monies as are not required for immediate use.

Section 13Verify source

§ 14Borrowing powers and bank accountProvision

The Council may borrow with government guarantee and open bank accounts, but only in banks or institutions approved by the Minister for Finance.

Section 14—Borrowing Powers and Bank Account. (1) Subject to the provisions on loans in article 181 of the Constitution, the Council may obtain loans and other credit facilities on the guarantee of government from such bank and institutions as the Minister for Finance may approve. (2) The Council may open bank accounts in such banks as the Minister for Finance may approve.

Section 14Verify source

§ 15Accounts and auditsProvision

Section 15—Accounts and Audits. (1) The Council shall keep books of account and proper records in relation to them and the accounts and records of the Council shall be in a form approved by the Auditor-General. (2) The accounts of the Council shall be audited by the Auditor-General within six months after the end of each financial year. (3) The financial year of the Council shall be the same as the financial year of the government. (4) The Executive Director shall prepare budget estimates for each financial year and present the estimates to the Council for its approval not later than two months before the beginning of the financial year to which the estimates relate.

Section 15Verify source

§ 16Annual report and other reportsProvision

The Council must submit an annual report to the President within six months after each financial year, include the Auditor-General’s report, send copies to specified officials, and provide other reports the President requires.

Section 16—Annual Report and Other Reports. (1) The Council shall as soon as possible after the expiration of each financial year but within six months after the end of the year, submit to the President an annual report covering the activities and the operations of the Council for the year to which the report relates. (2) The annual report submitted under subsection (1) shall include the report of the Auditor- General. (3) A copy of the annual report of the Council shall be sent by the Council to the following— (a) the Minister for Finance; (b) the Government Statistician; and (c) the Chairman, National Development Planning Commission. (4) The President shall within two months after the receipt of the annual report cause the report to be submitted to Parliament with such statement as he may consider necessary. 7 (5) The Council shall also submit to the President such other reports as the President may require.

Section 16Verify source

§ 17Tax exemptionProvision

The Council may be exempted from paying taxes and duties that the Minister for Finance determines with Parliament’s approval.

Section 17—Tax Exemption. The Council may be exempted from the payment of such taxes and duties as the Minister for Finance with the approval of Parliament may determine.

Section 17Verify source

§ 18Relationship with other public bodiesProvision

Government departments, government agencies, and other public authorities must fully cooperate with the Council when it carries out its functions under this Act.

Section 18—Relationship with other Public Bodies. All government departments, government agencies and all other public authorities shall co- operate fully with the Council in the performance of its functions under this Act.

Section 18Verify source

§ 19RegulationsProvision

The President, or a Minister he designates, may make regulations by legislative instrument for implementing this Act, if advised by the Council.

Section 19—Regulations. The President or a Minister designated by him for the purpose may on the advice of the Council by legislative instrument make such regulations as may be necessary for the full implementation of the provisions of this Act. Date of Gazette Notification: 30th December, 1994.

Section 19Verify source

Legislative relationships

2 referenced instruments

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2 instruments

Council. (1) There is established by this Act
Section 1
Council. (1) There shall be a National Population Council Secretariat referred to in this Act
Section 9

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