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ATOMIC ENERGY COMMISSION ACT, 2000
(ACT 588)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF COMMISSION
1. Establishment
2. Terms of office
PART II—FUNCTIONS OF THE
COMMISSION
3. Functions of the Commission
4. Committees of the Commission
5. Meetings of the Commission
PART III—FINANCIAL PROVISIONS
6. Funds
7. Accounts and Audit
8. Annual Reports
PART IV—ADMINISTRATION
9. Director-General
10. Other staff
PART V—MISCELLANEOUS PROVISIONS
11. Institutes
12. Exemptions from Taxation
13. Acquisition of land
14. Regulations
15. Interpretation
16. Repeal
17. Transitional Provisions
THE FIVE HUNDRED AND FIFTY-EIGHT
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE ATOMIC ENERGY COMMISSION ACT,
2000
AN ACT to amend and consolidate
the law relating to the
establishment of the Atomic Energy
Commission and for related
matters.
DATE OF ASSENT: 27th November,
2000
ENACTED by the President and
Parliament
PART I—ESTABLISHMENT OF COMMISSION
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.
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
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
(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.
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.
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
Section 6—Funds
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.
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.
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
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.
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.
(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
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.
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.
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.
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;
(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.
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;
"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.
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.
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. |
