Atomic Energy Commission Act, 2000 (ACT 588)
This section creates the Atomic Energy Commission and gives it corporate powers, including suing and being sued, holding property, regulating its procedure, investing funds, and borrowing with prior written ministerial approval.
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- Act 588
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Statute overview
About this statute
This section creates the Atomic Energy Commission and gives it corporate powers, including suing and being sued, holding property, regulating its procedure, investing funds, and borrowing with prior written ministerial approval. Most members serve five years, may be re-appointed, may resign in writing through the Minister to the President, and lose office after three consecutive unexplained absences. The President fills vacancies after consulting the Council of State, and the Minister sets allowances with the Finance Minister. The Commission has broad functions for nuclear energy, radiation, research, training, and coordination, and it must ensure nuclear damage does not result from certain activities linked to its premises or carriage. The Commission may appoint committees, including committees with non-members, and those non-member committees may act only in an advisory capacity. Rules for Commission meetings, quorum, voting, and the chairman’s role.
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Provisions of Atomic Energy Commission Act, 2000 (ACT 588)
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- 1 Verify source ↗
Establishment
This section creates the Atomic Energy Commission and gives it corporate powers, including suing and being sued, holding property, regulating its procedure, investing funds, and borrowing with prior written ministerial approval.
Section 1—Establishment (1) There is hereby established a commission to be known as the Atomic Energy Commission consisting of: (a) a chairman, (b) the Director-General of the Commission, and (c) five other members, all of whom, other than the Director-General, shall be appointed by the President acting in consultation with the Council of State. (2) A person shall not be appointed a member of the Commission unless that person (a) is a citizen of Ghana, and (b) has interest and experience in nuclear sciences and engineering or a reputable knowledge of nuclear and its related sciences. (3) The Commission shall be a body corporate with perpetual succession and a common seal, may sue and be sued in its corporate name and subject to this Act, shall otherwise have all the attributes of a body corporate in respect of (a) the right to acquire and hold real or personal property for the purposes of the Commission; (b) the right to regulate its own procedure; (c) the investment of the funds of the Commission including the funds in a pension scheme instituted by the Commission for the benefit of its employees in addition to any other pension scheme under any other enactment; (d) the obtaining of loans, for the purposes of the Commission subject to the prior approval in writing of the Minister responsible for Finance. 3 - 2 Verify source ↗
Terms of office PART II—FUNCTIONS OF THE COMMISSION
Most members serve five years, may be re-appointed, may resign in writing through the Minister to the President, and lose office after three consecutive unexplained absences. The President fills vacancies after consulting the Council of State, and the Minister sets allowances with the Finance Minister.
Section 2—Terms of Office (1) A member, other than the Director-General, (a) shall hold office for a term of five years, but is eligible for re-appointment; (b) may in writing addressed to the President through the Minister resign from office as a member. (2) The office of a member who is absent without just cause from three consecutive meetings of the Commission shall become vacant. (3) Where the office of a member becomes vacant pursuant to subsection (2), or by reason of death or resignation, the President shall, acting in consultation with the Council of State, appoint a person to fill the vacancy that is created. (4) A member, other than the Director-General, shall be paid the allowances determined by the Minister in consultation with the Minister responsible for Finance. PART II—FUNCTIONS OF COMMISSION - 3 Verify source ↗
Functions of the Commission
The Commission has broad functions for nuclear energy, radiation, research, training, and coordination, and it must ensure nuclear damage does not result from certain activities linked to its premises or carriage.
Section 3—Functions of the Commission (1) The functions of the Commission are, (a) to make proposals to the Government for legislation in the field of nuclear radiation and radioactive waste management; (b) to advise the Government on questions relating to nuclear energy, science and technology; (c) to establish, for the purposes of research and in furtherance of its functions, Institutes of the Commission and to exercise control over the boards of management of the Institutes; (d) to encourage and promote the commercialisation of research and development results through its Institutes; (e) to supervise the carrying out of all requirements designed to secure the safety and health of radiation workers and the environment; (f) to engage in research and development activities, as well as in the publication and dissemination of research findings and other useful technical information; (g) to oversee and facilitate the development of human resources in the fields of nuclear science and technology, and to promote the training of scientific, technical and non-scientific personnel of the Commission; (h) to maintain relations with the International Atomic Energy Agency and other similar international and national organisations, and to collaborate and liaise with those organisations on matters of research and development of nuclear energy and nuclear technology; (i) to collaborate with Universities and Research Institutes for the purposes of conducting research into matters connected with the peaceful uses of nuclear energy and technology; (j) to perform any other functions determined by the Government. (2) The Commission shall ensure that nuclear damage does not result from 4 (a) anything on premises occupied by the Commission whether the damage is suffered on the premises or elsewhere; or (b) anything which is in the course of carriage on its behalf to or from the premises of the Commission; or (c) waste discharged or released, in whatever form, on or from the premises of the Commission or any other place. (3) The liability of the Commission for nuclear damage under paragraph (b) of subsection (2) is subject to the terms of an agreement relating to the carriage. (4) A nuclear installation operated under the supervision of an Institute of the Commission shall be deemed for all purposes to be operated by the Commission on the premises of the Commission. - 4 Verify source ↗
Committees of the Commission
The Commission may appoint committees, including committees with non-members, and those non-member committees may act only in an advisory capacity.
Section 4—Committees of the Commission (1) The Commission may appoint committees consisting of persons who are, or are not members of the Commission, to perform a function of the Commission assigned to the committee. (2) Where a committee appointed under subsection (1) is composed of persons who are not members of the Commission that committee shall only act in an advisory capacity. - 5 Verify source ↗
Meetings of the Commission PART III—FINANCIAL PROVISIONS
Rules for Commission meetings, quorum, voting, and the chairman’s role.
Section 5—Meetings of the Commission (1) The Commission shall ordinarily meet for the despatch of business at the times and venues determined by the chairman but shall meet at least once every three months. (2) The chairman shall, at the request in writing of four members, call an extraordinary meeting. (3) The chairman shall preside at meetings of the Commission and in the absence of the chairman the members present shall elect one of their number to preside. (4) The quorum at a meeting of the Commission shall be four or a greater number determined by the Commission in respect of an important matter or question relating to policy or finance. (5) Subject to subsection (4) decisions at a meeting of the Commission may be reached by a simple majority of the members present and voting; and where there is a tie of votes the chairman or the person presiding shall have a second or casting vote. (6) The Commission may request the attendance of a person who is not a member to any of its meetings but that person shall not vote on a matter for decision before the meeting. (7) The Deputy Director-General shall be in attendance at the meetings of the Commission. (8) Subject to this section, the Commission shall determine and regulate its own procedure. (9) The Commission may cat notwithstanding a vacancy among its members or a defect in the appointment or qualification of a member. PART III—FINANCIAL PROVISIONS - 6 Verify source ↗
Funds
The Commission’s funds include parliamentary money, loans, income earned while doing its work, and donations or gifts.
Section 6—Funds 5 The funds of the Commission include (a) funds provided by Parliament for the Commission which are paid directly out of the Consolidated Fund of other moneys provided by Parliament out of any other public funds; (b) a loan granted to the Commission by the Government or a banking institution or by any other person; (c) moneys accruing to the Commission in the course of the performance of its functions; and (d) donations and gifts made to the Commission. - 7 Verify source ↗
Accounts and Audit
The Commission must keep proper accounts and records, submit them for audit within three months after the financial year, and the Auditor-General must audit and report to the Minister and Parliament.
Section 7—Accounts and Audit (1) The Commission shall maintain proper books of account and other records in the form determined by the Auditor-General. (2) The Commission shall, not later than three months after the end of the financial year, submit for audit to the Auditor-General, its books and records of account. (3) The Auditor-General shall, not later than three months after the submission under subsection (2), audit the books and records of account of the Commission, and submit a copy of the report on the accounts to the Minister who shall lay the report before Parliament. (4) The Auditor-General may, with the prior approval of the Minister, issue instructions regarding the conduct of the audit or conduct a supplementary audit. (5) The financial year of the Commission shall be the same as the financial year of the Government. - 8 Verify source ↗
Annual Reports PART IV—ADMINISTRATION
The Commission must send an annual report to the Minister within seven months after the financial year ends, and the Minister must lay it before Parliament.
Section 8—Annual Reports (1) The Commission shall, not later than seven months after the end of the financial year, submit to the Minister an annual report on the activities of the Commission for that year which shall include the Auditor-General's report and the report of a supplementary audit. (2) The Minister shall lay the annual report before Parliament. PART IV—ADMINISTRATION - 9 Verify source ↗
Director-General
The Commission appoints a Director-General and a Deputy Director-General, and the Director-General must carry out policy-directed functions and coordinate the Commission’s research, scientific, and technical work.
Section 9—Director-General (1) A Director-General and a Deputy Director-General shall be appointed by the Commission in accordance with clause (3) of article 195 of the Constitution. (2) The Director-General shall, subject to the directions of the Commission on matters of policy, be the chief executive officer of the Commission and shall perform any other functions as directed, and in particular, the Director-General shall be responsible for the effective co- ordination of research, scientific and technical matters of the Commission. (3) The Deputy Director-General shall perform the functions assigned by the Director-General. - 10 Verify source ↗
Other staff PART V—MISCELLANEOUS PROVISIONS
The Commission may hire staff, must appoint a secretary, and must have staff terms approved by the Commission; certain existing staff continue in comparable posts when the Act starts, if practicable and subject to the President’s directions.
Section 10—Other Staff (1) A secretary to the Commission shall be appointed by the Commission in accordance with clause (3) of article 195 of the Constitution. 6 (2) The Commission may employ other officers and employees necessary for the proper and efficient performance of its functions. (3) The terms and conditions of service of a person employed by the Commission shall be as approved by the Commission. (4) An employee of the Commission established under the Atomic Energy Commission Act, 1963 (Act 204) shall, on the coming into operation of this Act, so far as may be practicable and subject to directions by the President, continue as an employee of the Commission in a post comparable to that which the employee held with the former Commission. PART V—MISCELLANEOUS PROVISIONS - 11 Verify source ↗
Institutes
The Commission may set up Institutes, appoint their Directors and Deputy Directors, and determine the term of office for those roles.
Section 11—Institutes (1) The Commission may set up Institutes it considers necessary for the performance of its functions. (2) An Institute shall have a management board consisting of (a) a chairman, (b) the Director of the Institute, and (c) five other members who are persons with the requisite knowledge or expertise in the matters for which the Institute is set up. (3) The Director of an Institute is responsible for the scientific, technical and day to day administration of the Institute. (4) Directors and Deputy Directors of Institutes shall be appointed by the Commission. (5) A Director or a Deputy-Director shall hold office for a term as determined by the Commission. - 12 Verify source ↗
Exemptions from Taxation
The Minister responsible for Finance may, in writing, exempt the Commission from income tax and other direct taxation, subject to clause (2) of article 174 of the Constitution.
Section 12—Exemption from Taxation Subject to clause (2) of article 174 of the Constitution, the Minister responsible for Finance may, in writing, exempt the Commission from the payment of income tax and from other direct taxation. - 13 Verify source ↗
Acquisition of land
The Commission may recommend to the Minister that land or other property be compulsorily acquired, subject to article 20 of the Constitution.
Section 13—Acquisition of Land (1) The Commission may, subject to article 20 of the Constitution, make recommendations to the Minister for the compulsory acquisition of land or other property. (2) Moneys due to a person by way of compensation for property acquired in pursuance of subsection (1) shall be paid out of the funds of the Commission. - 14 Verify source ↗
Regulations
The Minister may make Regulations, but only on the Commission’s recommendations and by legislative instrument.
Section 14—Regulations The Minister may, on the recommendations of the Commission, by legislative instrument, make Regulations for the purpose of: (a) securing the safe operation of a nuclear installation under the supervision of the Commission and by any other organisation; 7 (b) securing the safe transport of nuclear fuel, radioactive products or waste; (c) regulating and controlling the collection, segregation, treatment, conditioning, storage and disposal of radioactive waste generated in facilities of the Commission and in the mining, milling, gas production and other uses of radioactive materials and sources; (d) securing the maintenance of efficient systems for personnel and environmental monitoring and for medical surveillance and treatment of radiation related sickness; (e) harmonising the interests of state agencies concerned with the utilisation of radiation; and (f) ensuring that operations relating to irradiating devices and radioactive materials are carried out without risk to public health and safety and that devices, plants, installations and facilities are designed, constructed, calibrated and operated in accordance with standards prescribed by the Minister. - 15 Verify source ↗
Interpretation
This section defines terms used in the Act.
Section 15—Interpretation In this Act, unless the context otherwise requires, "chairman" means the chairman of the Commission; "Commission" means the Commission established under section 1; "financial year" means as respects the first financial year of the Commission, the period from the commencement of this Act to the end of the financial year as determined by the Government; "functions" includes powers and duties; "Institute" includes a Centre, Unit and a Project of the Commission; "member" means a member of the Commission; "Minister" means the Minister responsible for nuclear energy; "nuclear damage" means the death of, or injury to, a person or loss of or damage to property which results from the radioactive properties, or from a combination of those properties with toxic, explosive or other hazardous properties, or nuclear fuel or radioactive products or waste; "nuclear energy" means energy released during transformation of nuclide; "nuclear fuel" means material which is capable of producing energy by self-sustaining process of nuclear fission; "nuclear installation means (a) an installation, other than a nuclear reactor installed in a means of transport as a source of power, which contains nuclear fuel so arranged that a self-sustained chain process of nuclear fission can occur in the installation without an additional source of neutrons; (b) any other installation in which nuclear fuel, other than natural or depleted uranium or a radioactive product or waste, is produced, used, processed or stored; "radioactive product" means a material produced in, or a material made radioactive by exposure to the radiation incidental to, the process of producing or utilising nuclear fuel; 8 "University" includes the University of Ghana, the Kwame Nkrumah University of Science and Technology, the University of Cape Coast and any other University established by law; "waste" means radioactive products that constitute scrap materials or an effluent or other unwanted surplus substance. - 16 Verify source ↗
Repeal
This section repeals the Atomic Energy Commission Act, 1963, as amended, and keeps existing subsidiary legislation in force until Regulations are made under section 13.
Section 16—Repeal (1) The Atomic Energy Commission Act, 1963 (Act 204), as amended by the Atomic Energy Commission Act, 1963 (Amendment) Decree, 1966 (N. L. C. D 114), the Atomic Energy Commission (Amendment) Decree, 1974 (N.R.C.D. 296) and the Atomic Energy Commission (Amendment) Law, 1993 (P.N.D.C.L. 308), is hereby repealed. (2) Notwithstanding the repeal of the Act specified in subsection (1), subsidiary legislation made under that Act and in force on the coming into force of this Act shall continue in force until Regulations are made under section 13. - 17 Verify source ↗
Section 17
This section transfers the former Commission’s assets, liabilities, and vested property to the Commission under this Act, and lets related proceedings continue. Existing contracts continue with the new Commission, subject to the President’s directions.
Section 17—Transitional Provisions (1) The assets and liabilities of, and property vested in, the Commission established under the Atomic Energy Commission Act, 1963 (Act 204) immediately before the coming into force of this Act shall, without further assurance than this subsection, vest in the Commission; and accordingly proceedings taken by or against the former Commission may be continued by or against the Commission. (2) A contract subsisting between the Commission established under the Atomic Energy Commission Act 1963 (Act 204) and any other person in force immediately before the coming into force of this Act shall, subject to directions by the President, subsist between the Commission established under this Act and that other person. Date of Gazette Notification: 8th December, 2000.
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