Ghana Act or statute

Parliament of Ghana

Council for Scientific and Industrial Research Act 1996 (ACT 521)

allowancesannual budgetingannual reportingappointmentsasset and liability transferaudit timingbank accountsboard appointmentboard compositionboard meetingsbooks of accountborrowingbudget estimatescommittee formationcommittee governancecontractingcorporate powerscouncil meetingsdecision-makingdelegation of functionsEmployment lawemployment conditionsestablishment of public bodyfinancial recordsfinancial yeargift administrationgovernanceinstitutional governanceinstitutional oversightinternal administrationinternal organisationmanagement governanceministerial directivesministerial reportingoffice tenureproperty acquisitionpublic administrationpublic employmentpublic governancequorumresearch coordinationresearch institutesresearch institutionsresearch managementresearch policyrulemakingstaffingtax exemption

Jurisdiction: Ghana
Structure: 30 provisions
Citation: Act 1996
Dates: Undated source snapshot

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“This section creates the Council for Scientific and Industrial Research and lets it act as a corporate body.”

This section creates the Council for Scientific and Industrial Research and lets it act as a corporate body. The Council must carry out research-policy functions, advise the Minister, coordinate research, oversee its institutes, and can change its institutes after consulting the Minister. The Council must be made up of the listed members, appointed by the President after consulting the Council of State. Council members generally serve up to 3 years; some members may resign in writing to the President, and an office becomes vacant after 12 months’ continuous absence from Ghana. If a member dies, resigns, or otherwise leaves office under section 4(3), the President must appoint a replacement after consulting the Council of State.

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Establishment of Council

This section creates the Council for Scientific and Industrial Research and lets it act as a corporate body.

Section 1

Committees of the Council

The Council may appoint committees and choose their members, including people who are not Council members. Each committee chairman must be a Council member.

Section 8

Research institutes, units and projects

The Council may establish research institutes, units, centres and projects, and may amend the Schedule with the Minister’s approval.

Section 16

Budget estimates

The Director-General must prepare annual budget estimates and submit them to the Council for approval at least four months before the end of the financial year.

Section 23

Dissolution, repeal, and vesting SCHEDULE Schedule

This section repeals specified decrees, dissolves the old Council, treats existing instruments as made under the new Act, and transfers the dissolved Council’s rights, assets, liabilities, and staff to the new Council.

Section 30

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Showing 30 of 30 provisions

Provision 26Amendment 2InterpretationRepeal

§ 1Establishment of CouncilProvision

This section creates the Council for Scientific and Industrial Research and lets it act as a corporate body.

Section 1—Establishment of Council. (1) There is established by this Act a Council for Scientific and Industrial Research 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) Where the Council has resolved that it is necessary or expedient to acquire any property under subsection (3) of this section, the property may be acquired under the State Property and Contracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125).

Section 1Verify source

§ 2Functions of the CouncilProvision

The Council must carry out research-policy functions, advise the Minister, coordinate research, oversee its institutes, and can change its institutes after consulting the Minister.

Section 2—Functions of the Council. The functions of the Council are— (a) to pursue the implementation of government policies on scientific research and development; 4 (b) to advise the Minister on scientific and technological advances likely to be of importance to national development; (c) to encourage co-ordinated employment of scientific research for the management, utilization and conservation of the natural resources of Ghana in the interest of development; (d) to encourage in the national interest scientific and industrial research of importance for development of agriculture, health, medicine, environment, technology and other service sectors and to this end to encourage close linkages with the productive sectors of the economy; (e) to co-ordinate all aspects of scientific research in the country and to ensure that the Council, the research institutes of the Council and other organisations engaged in research in Ghana, co- ordinate and co-operate in their research efforts; (f) to exercise control over the research institutes, centres, units and projects of the Council and to have power after consultation with the Minister to create, reconstitute, merge or dissolve any institute, centre, unit or project of the Council; (g) to review, monitor and periodically evaluate the work of the institutes administered by the Council in order to ensure that research being carried out by the institutes directly benefits identified sectors of the economy and is within the national priorities; (h) to institute a system of contract research to ensure that research being carried out in the Council is relevant and cost effective; (i) to encourage and promote the commercialization of research results; (j) to undertake or collaborate in the collation, publication, and dissemination of the results of research and other useful technical information. (k) to organise and control services and facilities available to the Council and generally to manage the properties of the Council; (l) to co-ordinate human resource development in institutes of the Council and to encourage the training of scientific personnel and research workers through the provision of grants and fellowships; (m) to co-operate and liaise with international and local bodies and organisations, in particular the Universities and the private sector on matters of research; and (n) to perform such other functions as may be determined by the Minister.

Section 2Verify source

§ 3Composition of the CouncilProvision

The Council must be made up of the listed members, appointed by the President after consulting the Council of State.

Section 3—Composition of the Council. (1) The Council shall consist of the following members appointed by the President in consultation with the Council of State— (a) a Chairman; (b) the Director-General appointed under section 11; (c) one representative each nominated by— (i) Ghana National Chamber of Commerce; 5 (ii) Heads of the universities of Ghana serving on a rotational basis for a term of three years at a time; (iii) Ghana Academy of Arts and Sciences; (iv) Ministry of Science, Technology and Environment; (v) Ministry of Food and Agriculture; (vi) Ministry of Industry; (vii) Ministry of Health; (viii) National Development Planning Commission; (ix) National Council for Tertiary Education; (x) Directors of the Research Institutions of the Council; (xi) The senior staff of the Council; (xii) Ghana Institute of Engineers; (d) three persons representing the private sector one of whom shall come from agriculture and one from the Chamber of Mines; (e) two persons representing the Association of Ghana Industries; and (f) two other persons of reputable knowledge in science at least one of whom shall be a woman. (2) Representatives of the Ministries on the Council shall be officers not below the rank of Directors.

Section 3Verify source

§ 4Terms of office of membersProvision

Council members generally serve up to 3 years; some members may resign in writing to the President, and an office becomes vacant after 12 months’ continuous absence from Ghana.

Section 4—Terms of Office of Members. (1) Subject to the provisions of this Act, a member of the Council other than the Chairman or an ex-officio member shall hold office for a term not exceeding three years but is eligible for reappointment. (2) A member other than an ex-officio member may at any time by a notice in writing addressed to the President resign his office. (3) The office of a member absent from Ghana for a continuous period of 12 months shall become vacant at the end of that period.

Section 4Verify source

§ 5Filling of vacanciesProvision

If a member dies, resigns, or otherwise leaves office under section 4(3), the President must appoint a replacement after consulting the Council of State.

Section 5—Filling of Vacancies. In the event of the death or resignation of a member or where the office of a member becomes vacant under subsection (3) of section 4 of this Act, a replacement shall be appointed by the President in consultation with the Council of State.

Section 5Verify source

§ 6Allowance to membersProvision

Council members cannot claim an allowance just for being members, but the Council may pay travelling or other allowances to members and meeting attendees, in consultation with the Minister.

Section 6—Allowance to Members. No member of the Council shall be entitled to any allowance in respect of his membership, but the Council may pay to members of the Council and to other persons attending meetings such travelling and other allowances as the Council in consultation with the Minister may determine. 6 PART II—MEETINGS AND COMMITTEES OF THE COUNCIL

Section 6Verify source

§ 7Meetings of the CouncilProvision

The Council must meet at least once every three months, and the Chairman must call an extraordinary meeting if at least seven members request it in writing.

Section 7—Meetings of the Commission. (1) The Council shall ordinarily meet for the despatch of business at such times and places as the Chairman may determine but shall meet at least once every three months. (2) The Chairman shall at the request in writing of not less than seven members of the Council call an extra-ordinary meeting at such place as he may determine. (3) The Chairman if present, shall preside at every meeting of the Council and in his absence a member of the Council elected by the members present shall preside at the meeting. (4) The quorum at a meeting of the Council shall be nine or such greater number as the Council may determine. (5) Questions proposed at a meeting of the Council shall be determined by simple majority of the members present and voting and where there is equality of votes the Chairman or the person presiding shall have a second or casting vote. (6) The Council may request the attendance of any person at any of its meetings except that the person shall not vote on any question before the Council and his presence at the meeting shall not count towards the constitution of a quorum. (7) The validity of any act or proceedings of the Council shall not be affected by any vacancy among its members or any defect in the appointment or qualification of a member. (8) There shall be a representative of the Deputy Directors-General in attendance at meetings of the Council. (9) Subject to the provision of this section, the Council shall determine and regulate its own procedure.

Section 7Verify source

§ 8Committees of the CouncilProvision

The Council may appoint committees and choose their members, including people who are not Council members. Each committee chairman must be a Council member.

Section 8—Committees of the Council. (1) The Council may appoint committees consisting of such persons as it may determine whether members of the Council or not to exercise any of its functions under this Act. (2) The Chairman of each committee shall be a member of the Council.

Section 8Verify source

§ 9National Sectoral Research CommitteesProvision

The Council establishes Sectoral Research Co-ordinating Committees under the Director-General’s office and may change or dissolve them.

Section 9—Sectoral Research Committees. (1) Without prejudice to subsection (1) of section 8, the following Sectorial Research Co- ordinating Committees of the Council are hereby established under the office of the Director- General— (a) Agriculture, Forestry and Fisheries Research Co-ordinating Committee; (b) Health and Medicine Research Co-ordinating Committee; (c) Industry and Natural Sciences Research Co-ordinating Committee; (d) Social Sciences Research Co-ordinating Committee; and (e) Environmental Research Co-ordinating Committee. 7 (2) The Committees established under subsection (1) shall consist of such persons and perform such functions subject to subsection (3) of this section as the Council may determine. (3) Each Sectoral Research Co-ordinating Committee shall be responsible to the Council for the effective co-ordination nation-wide of research and development activities by organisations and individuals within the relevant sector. (4) The Council may create, reconstitute, merge or dissolve any Sectoral Research Co- ordinating Committee. PART III—ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Section 9Verify source

§ 10Organisation of the CouncilProvision

The Council may create departments or divisions, and it must establish a Technical Division and a General Administration Division.

Section 10—Organisation of the Council. (1) The Council may create such departments or divisions as it may consider necessary for the efficient discharge of its functions. (2) Without prejudice to subsection (1) of this section there shall be established by the Council a Technical Division and a General Administration Division.

Section 10Verify source

§ 11Appointment of Director-GeneralProvision

The Council appoints a Director-General, who serves as the Council’s chief executive.

Section 11—Appointment of Director-General. (1) There shall be appointed by the Council under article 195 (3) of the Constitution a Director- General who shall be the chief executive of the Council. (2) The Director-General shall hold office on such terms and conditions as shall be specified in his letter of appointment. (3) Subject to the general directives of the Council, the Director-General shall be responsible for the effective co-ordination of research activities of the Council. (4) The Director-General may delegate the functions of his office to any officer of the Council but he shall not be relieved from his ultimate responsibility for the discharge of any delegated function.

Section 11Verify source

§ 12Appointment of Deputy Directors-GeneralProvision

The Council must have Deputy Directors-General, and those deputies are in charge of the National Sectoral Research Co-ordinating Committees.

Section 12—Appointment of Deputy Directors-General. (1) The Council shall have Deputy Directors-General who shall be in charge of the National Sectoral Research Co-ordinating Committees. (2) The Deputy Directors-General shall be appointed by the Council under clause (3) of article 195 of the Constitution upon such terms and conditions as may be specified in their letters of appointment. (3) Without prejudice to subsection (1) of this section, each Sectoral Research Co-ordinating Committee shall be served by a technical division of the secretariat set up under section 13.

Section 12Verify source

§ 13Secretariat of the CouncilProvision

A Secretariat of the Council is established.

Section 13—Secretariat of the Council. There shall be a Secretariat of the Council.

Section 13Verify source

§ 14Secretary of the CouncilProvision

The Council must appoint a secretary, who must not be a Council member, and the secretary must head the General Administration Division and answer to the Director-General.

Section 14—Secretary of the Council. (1) The Council shall under clause (3) of article 195 of the Constitution appoint a suitable person not being a member of the Council to be its secretary. 8 (2) The secretary shall be the Head of the General Administration Division of the Council and be responsible to the Director-General.

Section 14Verify source

§ 15Other staff of the CouncilProvision

Section 15—Other Staff of the Council. The Council may under clause (3) of article 195 of the Constitution employ upon such terms and conditions as it thinks fit such persons as may be required for the proper and efficient discharge of its functions.

Section 15Verify source

§ 16Research institutes, units and projectsAmendment

The Council may establish research institutes, units, centres and projects, and may amend the Schedule with the Minister’s approval.

Section 16—Research Institutes, Units and Projects. (1) The Council may establish such research institutes, units, centres and projects as it thinks fit for the carrying out of its functions under this Act. (2) With effect from the coming into force of this Act , the institutes, units, centres and projects specified in the Schedule to this Act shall be considered to be research institutes, units, centres and projects under subsection (1) of this section. (3) The Council may by legislative instrument and with the approval of the Minister amend the Schedule.

Section 16Verify source

§ 17Appointment of management boards for institutes, units and projectsProvision

The Council must appoint and oversee management boards, keep 40% of each board from the private sector, appoint a Director or suitable person for each institute or organ, and may ask boards or others to manage Council property.

Section 17—Appointment of Management Boards for Institutes, Units and Projects. (1) The Council shall appoint management boards consisting of such number of persons as it thinks fit except that 40 per cent of the membership shall be from the private sector. (2) The Council shall determine the duties and terms of reference for each management board. (3) The Council shall appoint a Director or a suitable person to be in charge of each institute or organ under its control upon such terms and conditions as the Council may determine. (4) Subject to the policy laid down by the Council, and the need to obtain its approval in respect of any decision on programmes, budget and management, the person in charge of an institute shall be responsible for the day-to-day management of the institute. (5) The Council may request any management board appointed under this Act or such other person or body as the Council thinks fit to manage on behalf of the Council any property of the Council.

Section 17Verify source

§ 18Funds of the CouncilProvision

The Council’s funds come from parliamentary appropriations, donations and grants, loans from the Government or a banking institution, money earned while carrying out its functions, and gifts.

Section 18—The Funds of the Council. The funds of the Council shall consist of— (a) appropriations made by Parliament for the Council; (b) donations and grants; (c) any loans granted to the Council by the Government or any banking institution; (d) any moneys accruing to the Council in the course of the performance of its functions under this Act; and (e) gifts.

Section 18Verify source

§ 19Utilization of giftsProvision

Gifts intended for the Council must be given directly to the Council, and the Council must use them for its statutory objects.

Section 19—Utilization of Gifts. 9 (1) Any gift intended by any person for the Council or for any institute, unit, centre or project of the Council shall be made directly to the Council which shall utilize the gifts for its objects under this Act. (2) In deciding to what use to put any gift, the Council shall have particular regard to the expressed wishes of the donor of the gift as are not inconsistent with the objects of the Council and in the case of any inconsistency arising between the expressed wishes of the donor of any gift and the objects of the Council, the gift may be utilised by the Council in furtherance of such of its objects as it thinks fit. (3) The question as to whether or not any inconsistency exists as stated in subsection (2) of this section and the decision of the Council thereon shall in all cases be final and conclusive.

Section 19Verify source

§ 20Borrowing powers and bank accountsProvision

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

Section 20—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 may approve. (2) The Council may open bank accounts in such banks as the Minister for Finance may approve.

Section 20Verify source

§ 21Accounts and auditProvision

The Council must keep proper books and records, use a form approved by the Auditor-General, and have its accounts audited within six months after each financial year ends.

Section 21—Accounts and Audit. (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.

Section 21Verify source

§ 22Financial yearProvision

The Council’s financial year must match the government’s financial year.

Section 22—Financial Year. The financial year of the Council shall be the same as that of the government.

Section 22Verify source

§ 23Budget estimatesProvision

The Director-General must prepare annual budget estimates and submit them to the Council for approval at least four months before the end of the financial year.

Section 23—Budget Estimates. The Director-General shall prepare budget estimates for each financial year and present the estimates to the Council for its approval not later than four months before the end of the financial year.

Section 23Verify source

§ 24Annual reportProvision

The Council must send an annual report to the Minister within six months after each financial year, include the Auditor-General’s report, and provide any other written reports the Minister requests. The Minister must then send a report to Parliament within two months of receiving the annual report.

Section 24—Annual Report. (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 Minister an annual report covering the activities and 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) The Minister shall within two months after the receipt of the annual report submit a report to Parliament with such statement as he may consider necessary. (4) The Council shall also submit to the Minister such other reports as the Minister may in writing request. 10

Section 24Verify source

§ 25RegulationsAmendment

The Council may make regulations, but it needs the Minister’s approval, and those regulations must be issued under the Chairman’s signature (or the acting Chairman’s).

Section 25—Regulation. (1) The Council may with the approval of the Minister make regulations for the purpose of giving effect to the provisions of this Act. (2) The Council may in particular make regulations— (a) to regulate the selection, grading appointment, promotions, conditions of service, termination of appointment and retirement benefits of the employees of the Council; and (b) to amend the Schedule to this Act. (3) Regulations made under this Act shall be issued under the signature of the Chairman or the person for the time being acting as Chairman.

Section 25Verify source

§ 26Exemption from tax and ratesProvision

The Council is exempt from paying the specified Income Tax and any rates.

Section 26—Exemption from Tax and Rates. (1) The Council shall be exempted from the payment of Income Tax imposed under the provisions of the Income Tax Decree, 1975 (S.M.C.D. 5) and from any rates.

Section 26Verify source

§ 27Staff or other employees of former Council 2Provision

Staff of the former Council who were employed immediately before the Act starts are treated as duly appointed employees of the Council.

Section 27—Staff or other Employees of Former Council. All persons employed by the former Council immediately before the coming into force of this Act shall, on the coming into force of this Act be deemed to have been duly appointed as employees of the Council.

Section 27Verify source

§ 28Ministerial responsibility and directivesProvision

The Minister for Environment, Science and Technology is responsible for the Council and may issue general policy directives to it.

Section 28—Ministerial Responsibility and Directives. The Minister for Environment, Science and Technology shall have ministerial responsibility for the Council and may give to the Council such directives of a general nature as to the policy to be followed by the Council in the performance of its functions.

Section 28Verify source

§ 29InterpretationInterpretation

This section defines “Minister” and says “scientific research” includes social sciences research, unless the context requires otherwise.

Section 29—Interpretation. In this Act unless the context otherwise requires— "Minister" means the Minister responsible for Environment, Science and Technology; and “scientific research" includes social sciences research.

Section 29Verify source

§ 30Dissolution, repeal, and vesting SCHEDULE ScheduleRepeal

Section 30—Dissolution Repeal and Vesting (1) The Council for Scientific and Industrial Research Decree, 1968 (N.L.C.D. 293),Council for Scientific and Industrial Research (Amendment) Decree, 1969 (N.L.C.D. 329) and the Council for Scientific and Industrial Research (Amendment) Decree, 1976 (S.M.C.D. 66) are hereby repealed by this Act and accordingly the Council established under that Decree is dissolved. (2) Notwithstanding the repeal of the enactments specified in subsection (1) of this section, any regulation or other statutory instrument made under those enactments and in force immediately before the coming into force of this Act shall be deemed to have been made under the corresponding provisions of this Act. (3) All rights, assets, properties, obligations and liabilities held for or on behalf of the dissolved Council for Scientific and Industrial Research and all person employed for or by the dissolved Council are by this section transferred to the Council under this Act. 11 SCHEDULE (Section 16 (2)) (a) Animal Research Institute; (b) Building and Road Research Institute; (c) Crops Research Institute; (d) Food Research Institute; (e) Forestry Research Institute of Ghana; (f) Institute of Industrial Research; (g) Water Research Institute; (h) Institute for Scientific and Technological Information; (i) Plant Genetic Resources Centre; (j) Oil Palm Research Institute; (k) Savanna Agricultural Research Institute; (l) Soil Research Institute; and (m) Science and Technology Policy Research Institute. Date of Gazette Notification: 29th November, 1961.

Section 30Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Council or not to exercise any of its functions under this Act
Section 8
Council shall be made directly to the Council which shall utilize the gifts for its objects under this Act
Section 19
Council. (1) There is established by this Act
Section 1
Former Council. All persons employed by the former Council immediately before the coming into force of this Act
Section 27

G–M

1 instrument

Minister make regulations for the purpose of giving effect to the provisions of this Act
Section 25

N–S

1 instrument

Office of Members. (1) Subject to the provisions of this Act
Section 4

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