Ghana Act or statute

Parliament of Ghana

Tree Crops Development Authority Act, 2019 ( Act 1010)

allowancesannual reportingappointmentappointment and removalauditauthority establishmentBanking and financeboard compositionboard governanceboard meetingsboard oversightboard procedureboard tenurecapacity buildingcommittee governancecomplianceconflict of interestdefinitionsdelegationemployment termsestablishmentexecutive managementfeesfinancial reportingfund administrationfund managementfundinggovernancegovernment directivesindustry developmentinformation collectionministerial reportingproperty transactionspublic administrationpublic fundregistrationregistration and licensingregistration/licensingregulatory complianceregulatory enforcementresearchresearch and developmentstaffingstandards compliancestatisticstree cropstree crops developmenttree crops industry regulationtree crops regulationvacancies

Jurisdiction: Ghana
Structure: 27 provisions
Citation: Act 1010
Dates: Undated source snapshot

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Purpose and legislative effect

“This section creates the Tree Crops Development Authority and gives it property and contracting powers.”

This section creates the Tree Crops Development Authority and gives it property and contracting powers. The Authority’s purpose is to regulate and develop the production, processing, and trading of tree crops in a sustainable environment. The Authority must carry out a range of functions to support the tree crops industry, including research, funding, training, advice, registration/licensing, standards compliance, data collection, and industry development. The Authority is governed by a Board with specified members, and the President appoints the Board members. Board members serve three-year terms and may be re-appointed only once; the Minister and President handle vacancies and removals.

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Establishment of the Tree Crops Development Authority

This section creates the Tree Crops Development Authority and gives it property and contracting powers.

Section 1

Establishment of committees

The Board may create committees, and it must establish selected value chain committees. Committees must advise and recommend the Board on listed industry matters.

Section 8

Appointment of other staff Financial Provisions

The President must appoint other staff needed for the Authority’s effective work, and the Authority may engage advisors and consultants with Board recommendations.

Section 14

Accounts and audit

The Board must keep its account records in the form approved by the Auditor-General, submit the accounts for audit at the end of the financial year, and the Auditor-General must audit and send the audit report to the Minister and the Board within six months…

Section 21

Transitional provisions

People and companies in the tree crops value chain must register within six months after this Act starts.

Section 27

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Showing 27 of 27 provisions

Provision 24OffenceInterpretationCommencement

§ 1Establishment of the Tree Crops Development AuthorityProvision

This section creates the Tree Crops Development Authority and gives it property and contracting powers.

Section 1—Establishment of the Tree Crops Development Authority (1) There is established by this Act, the Tree Crops Development Authority as a body corporate with perpetual succession. (2) For the performance of the functions of the Authority, the Authority may acquire and hold property, dispose of property and enter into a contract or any other related transaction. (3) Where there is a hindrance to the acquisition of immovable property, the immovable property may be acquired for the Authority under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Authority.

Section 1Verify source

§ 2Object of the AuthorityProvision

The Authority’s purpose is to regulate and develop the production, processing, and trading of tree crops in a sustainable environment.

Section 2—Object of the Authority The object of the Authority is to regulate and develop in a sustainable environment the production, processing and trading of tree crops.

Section 2Verify source

§ 3Functions of the AuthorityProvision

The Authority must carry out a range of functions to support the tree crops industry, including research, funding, training, advice, registration/licensing, standards compliance, data collection, and industry development.

Section 3—Functions of the Authority To achieve the object, the Authority shall— (a) promote and support the development of the tree crops industry; 4 (b) undertake, assist and encourage scientific, technological and economic research in tree crops; (e) identify and develop a sustainable source of funding to raise revenue for the mandated activities of the Authority; (d) co-ordinate and facilitate with relevant institutions the building of capacity of— (i) farmers in best agronomic practices, pest and disease management and improved methods of harvesting of tree crops, and (ii) processors, traders and exporters in the relevant best practices of tree crops; (e) provide technical advice to the actors of the tree crops value chain; (f) improve the trading of tree crops; (g) register or license actors engaged in the tree crops value chain; (h) ensure that the quality, marking, labelling and packaging of produce or products of tree crops, imported into or exported out of this country comply with national and international standards; (i) collect statistical data from the tree crops value chain; (j) promote decent work in the tree crops industry; (k) advise the government and private sector on (i) matters related to the development of the tree crops industry, including the import and export of produce or products of tree crops; (ii) the need to participate in international programmes related to tree crops, and (iii) the membership of the Republic to relevant international tree crops organisations; (l) be responsible for the capacity building and training of the actors within the value chain of the industry; (m) prepare and furnish specific information related to the tree crops industry, as may be required by any institution; and (n) perform any other functions necessary for the attainment of the object of the Authority.

Section 3Verify source

§ 4Governing body of the AuthorityProvision

The Authority is governed by a Board with specified members, and the President appoints the Board members.

Section 4—Governing body of the Authority (1) The governing body of the Authority is a Board consisting of the following: (a) a chairperson with at least ten years experience in tree crops agribusiness from the private sector; (b) one representative from the following Ministries not below the rank of a Director, nominated by the relevant sector Minister: (i) Ministry responsible for Agriculture, (ii) Ministry responsible for Trade and Industry, and 5 (iii) Ministry responsible for Finance; (c) for each tree crops value chain, four persons representing producers, traders, processors and exporters of produce and products nominated by the respective value chain sub-committees two of whom shall be small holder actors; and (d) the Chief Executive Officer. (2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (3) The Board shall ensure the efficient and effective performance of the functions of the Authority.

Section 4Verify source

§ 5Tenure of office of members of the BoardProvision

Board members serve three-year terms and may be re-appointed only once; the Minister and President handle vacancies and removals.

Section 5—Tenure of office of members of the Board (1) A member of the Board shall hold office for three years and is eligible for re-appointment for another term only. (2) Subsection (1) does not apply to the Chief Executive Officer. (3) A member of the Board may at any time, by a letter addressed to the President through the Minister resign from office. (4) The President may by letter addressed to a member revoke the appointment of that member. (5) Where a member of the Board is for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (6) Where there is a vacancy (a) under subsection (3) or (4) or section 7(2), (b) as a result of a declaration under subsection (5), or (c) by reason of the death of a member, the Minister shall notify the President of the vacancy and the President shall appoint another person to fill the vacancy for the unexpired term of that member.

Section 5Verify source

§ 6Meetings of the BoardProvision

This section sets rules for Board meetings, including how often the Board must meet, who presides, quorum, voting, co-option, and procedure.

Section 6—Meetings of the Board (1) The Board shall meet at least every three months for the despatch of business at a time and place determined by the chairperson. (2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary general meeting of the Board at the time and place determined by the chairperson. (3) A quorum at a meeting of the Board is nine members including the Chief Executive Officer. (4) The chairperson shall preside at the meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. 6 (5) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (6) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. (7) The Board may co-opt a person to attend a meeting of the Board but the co-opted person shall not vote at the meeting. (8) The proceedings of the Board shall not be invalidated by reason of a vacancy in the membership of the Board or a defect in the appointment or qualification of a member. (9) The Board shall, subject to this section, regulate the procedure for the meetings of the Board.

Section 6Verify source

§ 7Disclosure of interestProvision

Board members with an interest in a matter must disclose the nature of that interest and must not take part in the Board’s deliberations on it.

Section 7—Disclosure of interest (1) A member of the Board who has an interest in a matter before the Board shall— (a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) not be present at or participate in the deliberations of the Board in respect of the matter. (2) A member ceases to be a member of the Board if that member has an interest in a matter before the Board and (a) fails to disclose that interest; or (b) participates in the deliberations of the matter.

Section 7Verify source

§ 8Establishment of committeesProvision

The Board may create committees, and it must establish selected value chain committees. Committees must advise and recommend the Board on listed industry matters.

Section 8—Establishment of committees (1) The Board may establish committees consisting of members of the Board or non-members or both to perform a function of the Board. (2) A committee of the Board may be chaired by a member of the Board. (3) Without limiting subsection (1), the Board shall establish selected value chain committees consisting of members of the Board and members of associations representing those selected value chains. (4) The committees shall advise and recommend to the Board, on matters including (a) production, processing, research, environmental practices and standards in the tree crops industry; (b) price mechanism for tree crops products; (c) licensing, permitting, certification and accreditation of value chain actors; and (d) any other matter that the Board may direct. (5) Section 7 on disclosure of interest shall apply to a member of a committee of the Board.

Section 8Verify source

§ 9AllowancesProvision

Board members and committee members of the Board are entitled to allowances, but the Minister must approve them in consultation with the Minister responsible for Finance.

Section 9—Allowances 7 A member of the Board and a member of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.

Section 9Verify source

§ 10Regional offices of the AuthorityProvision

The Board may set up a regional office of the Authority, and that office must carry out functions the Board directs.

Section 10—Regional offices of the Authority (1) The Board may establish a regional office of the Authority at a place determined by the Board. (2) The regional office of the Authority shall perform the functions of the Authority that the Board may direct.

Section 10Verify source

§ 11Policy directives Administrative ProvisionsProvision

The Minister may issue policy directives to the Board, and the Board must comply.

Section 11—Policy directives The Minister may give directives to the Board on matters of policy and the Board shall comply. Administrative Provisions

Section 11Verify source

§ 12Chief Executive OfficerProvision

The President must appoint the Authority’s Chief Executive Officer, who must have at least 10 years’ standing in agribusiness or a related field.

Section 12—Chief Executive Officer (1) The President shall, in accordance with article 195 of the Constitution appoint a person of not less than ten years standing in agribusiness or a related field as the Chief Executive Officer of the Authority. (2) The Chief Executive Officer shall hold office on the terms and conditions specified in the letter of appointment. (3) The Chief Executive Officer is the secretary to the Board.

Section 12Verify source

§ 13Functions of the Chief Executive OfficerProvision

The Chief Executive Officer runs the Authority’s day-to-day affairs, answers to the Board, must carry out other Board-determined functions, and can delegate functions while still remaining ultimately responsible.

Section 13—Functions of the Chief Executive Officer (1) The Chief Executive Officer is responsible for the day-to-day administration of the affairs of the Authority and is answerable to the Board under this Act. (2) The Chief Executive Officer shall perform any other functions determined by the Board. (3) The Chief Executive Officer may delegate a function to an officer of the Authority but shall not be relieved from the ultimate responsibility for the performance of the delegated function.

Section 13Verify source

§ 14Appointment of other staff Financial ProvisionsProvision

The President must appoint other staff needed for the Authority’s effective work, and the Authority may engage advisors and consultants with Board recommendations.

Section 14—Appointment of other staff (1) The President shall in accordance with article 195 of the Constitution appoint other staff of the Authority that are necessary for the efficient and effective performance of the functions of the Authority. (2) The Authority may engage the services of advisors and consultants on the recommendations of the Board. Financial Provisions

Section 14Verify source

§ 15Establishment of Tree Crops FundProvision

This section establishes the Tree Crops Fund.

Section 15—Establishment of Tree Crops Fund There is established by this Act, the Tree Crops Fund referred to in this Act as the Fund.

Section 15Verify source

§ 16Object of the FundProvision

The Fund is for capital and recurrent spending to develop the tree crops industry.

Section 16—Object of the Fund The object of the Fund is to provide for both capital and recurrent expenditure for the development of the tree crops industry. 8

Section 16Verify source

§ 17Sources of money for the FundProvision

This section lists the money sources for the Fund.

Section 17—Sources of money for the Fund The sources of money for the Fund include— (a) moneys approved by Parliament; (b) internally generated funds; (c) grants, gifts and donations; (d) loans; and (e) subscriptions by various stakeholders in the tree crops industry.

Section 17Verify source

§ 18Management of the FundProvision

The Fund is to be managed by a body appointed by the Board, after consultation with stakeholders in the tree crops industry.

Section 18—Management of the Fund (1) The Fund shall be managed by a body appointed by the Board, in consultation with the various stakeholders in the tree crops industry. (2) The moneys of the Fund shall be paid into a bank account opened for that purpose with the approval of the Controller and Accountant -General.

Section 18Verify source

§ 19Disbursement of the FundProvision

The Fund must be used only for the listed purposes, including research, training, sustainable practices, administration, production support, and regulation of chemicals in tree crops activities.

Section 19—Disbursement of the Fund The Fund shall be used for— (a) the promotion of research into tree crops production, processing and marketing; (b) the promotion of sustainable practices in the tree crops industry and related value chain activities connected with the industry; (c) capacity building and training of the actors within the value chain of the industry; (d) administration and operational cost; (e) production and processing support; (f) research and development; (g) regulating the use of chemicals and other substances in the production, processing, storage and marketing of tree crops and (h) any other purpose incidental to the object of the Fund.

Section 19Verify source

§ 20Report on management and use of the FundProvision

The Authority must report on the Fund’s management and use each financial year, through the Minister to Parliament. The Board may invest Fund money and must report those investments and related income in the Authority’s annual report.

Section 20—Report on management and use of the Fund (1) The Authority shall, at the end of each financial year, submit to Parliament through the Minister, a report on the management and use of the Fund for the financial year. (2) The Board may invest the moneys of the Fund in a manner the Board considers appropriate. (3) The Board shall include a report of any investments made and the income derived from the investment in the annual report of the Authority.

Section 20Verify source

§ 21Accounts and auditProvision

Section 21—Accounts and audit (1) The Board shall keep books, records, returns and any other documents relating to the accounts in the form approved by the Auditor-General 9 (2) The Board shall submit the accounts of the Authority to the Auditor-General for audit at the end of the financial year. (3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Minister and the Board. (4) The financial year of the Authority is the same as the financial year of Government.

Section 21Verify source

§ 22Annual report and other reports Miscellaneous ProvisionsProvision

The Board must submit an annual report to the Minister within 30 days after receiving the audit report, and the Minister must then lay it before Parliament within one month. The annual report must include the Auditor-General’s report, and the Board must provide any other written reports the Minister requires.

Section 22—Annual report and other reports (1) The Board shall within thirty days after receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Authority for the year to which the annual report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other reports which the Minister may require in writing. Miscellaneous Provisions

Section 22Verify source

§ 23Collaboration with relevant agencies and bodies 2Provision

The Board must collaborate with relevant agencies and bodies when carrying out its functions under this Act.

Section 23—Collaboration with relevant agencies and bodies The Board shall collaborate with relevant agencies and bodies in the. performance of the functions under this Act.

Section 23Verify source

§ 24OffencesOffence

A person commits an offence if they refuse to provide requested information, make a false declaration to the Authority, or obstruct an officer.

Section 24—Offences (1) A person who (a) refuses to provide information as requested by an officer of the Authority; (b) makes a false declaration in a submission to the Authority; or (c) obstructs an officer in the discharge of the duty of the officer; commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or to a term of imprisonment of not more than two years or both. (2) In the case of a continuing offence the person is liable to a further fine of ten penalty units for each day during which the offence continues after written notice has been served on the offender by the Authority.

Section 24Verify source

§ 25RegulationsProvision

The Minister must make Regulations, on the Board’s advice, within 12 months after the Act starts.

Section 25—Regulations The Minister shall, on the advice of the Board and within twelve months after the coming into force of this Act, by legislative instrument make Regulations to (a) prescribe the fees to be paid under this Act; (b) provide for the collection of information and statistics on tree crops; 10 (c) provide for the registration and licensing of value chain actors in the tree crops industry; and (d) provide for any other matters necessary for the efficient and effective implementation of the provisions of this Act.

Section 25Verify source

§ 26InterpretationInterpretation

This section defines key terms used in the Act, including actors, the Authority, the Board, the Minister, tree crops, plantations, the value chain, and several industry-related concepts.

Section 26—Interpretation In this Act, unless the context otherwise requires, "actors" mean persons or organisations engaged in activities along the tree crops value chain; "Authority" means the Tree Crops Development Authority established under section 1 of this Act; "Board" means the governing body of the Authority established under section 4 of this Act; "development" includes sustainable sources of funding, acquisition and protection of land banks for the tree crops industry for the cultivation of the specified tree crops; "financial institution" means a body that funds activities in the tree crops value chain; "large plantation" means a farm size of more than five hectares; "Minister" means the Minister responsible for Food and Agriculture; "processing" means value addition to the produce or products from the tree crops; "production" includes all the activities from land selection, land preparation, seed stage, planting to harvesting of the produce; "relevant agency" includes the Environmental Protection Agency, the Ghana Cocoa Board, the Ghana Investment Promotion Centre, the Ghana Export Promotion Authority, the Ghana Exim Bank, the Centre for Scientific and Industrial Research, the Food and Drugs Authority and the Standards Authority; "research finding" includes any result from a research and development activity such as an invention and improvement in any process, apparatus, machine or technique; "small plantation" means a farm size of less than five hectares; "stakeholder" includes persons who are engaged in and concerned with the tree crops industry; "support" includes the provision of inputs, technology, and research and development to the tree crops value chain; "sustainable funding mechanism" means identifying and developing a sustainable source of funding to raise revenue for the Authority to carry out its mandated activities; "sustainable practices" means environmental, social and economic concerns in the tree crops industry; "technical advice" includes value addition; "trader" means a person engaged in aggregation and trading in tree crops produce or products; "trading" means the business of buying and selling goods and services; 11 "tree crops" means oil palm, rubber, cashew, coconut, mango and shea; and "value chain" means all the activities identified along the value chain from production to end market.

Section 26Verify source

§ 27Transitional provisionsCommencement

People and companies in the tree crops value chain must register within six months after this Act starts.

Section 27—Transitional provisions (1) A person or group of persons engaged in the tree crops value chain shall register as a practitioner within six months after the commencement of this Act. (2) A company engaged in the tree crops value chain shall register with the Authority within six months after the commencement of this Act. Date of Gazette Notification: 30th December, 2019.

Section 27Verify source

Legislative relationships

5 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

3 instruments

Authority and is answerable to the Board under this Act
Section 13
Authority established under section 4 of this Act
Section 26
Board and within twelve months after the coming into force of this Act
Section 25

T–Z

2 instruments

Tree Crops Development Authority (1) There is established by this Act
Section 1
Tree Crops Fund There is established by this Act
Section 15

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