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BAST FIBRES DEVELOPMENT BOARD ACT,
1970 (ACT 326)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Bast Fibres
Board.
2. Functions of Board.
3. Composition and Tenure of
Office of the Board.
4. Meetings of Board.
5. Executive Secretary.
6. Appointment of Consultant.
7. Officers and Employees of
Board.
8. Assets and Funds of Board.
9. Accounts, etc.
10. Audit.
11. Board to make Regulations.
12. Offences.
13. Exemption from Taxes.
THE THREE HUNDRED AND TWENTY-SIXTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE BAST FIBRES DEVELOPMENT BOARD
ACT, 1970
AN ACT to establish the Bast
Fibres Development Board and to
provide for other matters
connected therewith.
DATE OF ASSENT: 22nd April, 1970.
BE IT ENACTED by the Presidential
Commission and the National
Assembly in this present
Parliament assembled as follows:—
Section 1—Establishment of Bast
Fibres Board.
(1) There is hereby established a
body corporate to be known as the
Bast Fibres Development Board,
hereafter in this Act referred to
as the "Board".
(2) The Board shall have perpetual
succession and a common seal and
may sue and be sued in the name
assigned to it by subsection (1)
of this section.
(3) The Board shall have power,
for the discharge of any of its
functions to acquire and hold any
movable or immovable property, to
dispose of such property, and to
enter into any contract or
transaction.
Section 2—Functions of Board.
(1) The Board shall be responsible
for the development on a
commercial scale of the bast fibre
industry in Ghana.
(2) Without prejudice to the
generality of the foregoing
subsection the Board may under
that subsection carry out the
following activities:—
(a) the cultivation or the
arrangement for the cultivation on
a commercial scale, of bast
fibres;
(b) the processing, handling and
grading of bast fibres;
(c) the purchase, sale,
distribution and exportation of
bast fibres;
(d) the importation when and as it
thinks fit of unprocessed bast
fibres into Ghana;
(e) the determination and
guarantee, from time to time, of
the prices at which bast fibres
shall be purchased by the Board;
(f) the withholding of assistance
at its discretion from growers who
have contravened any provision of
this Act;
(g) the undertaking of research or
the arrangement of research in
respect of the problems affecting
the bast fibre industry for the
improvement and utilisation of
bast fibre products;
(h) the giving of advice on all
technical, social and economic
matters connected with the general
development of the bast fibre
industry, and
(i)
the discharge of any other
function which is incidental to or
related to the discharge of any of
the above-mentioned functions.
(3) The Board may from time to
time in writing give to any person
connected with the bast fibre
industry such directions as the
Board may consider necessary for
promoting the development on a
commercial scale of the bast fibre
industry in Ghana and it shall be
the duty of any such person to
comply with such directions.
Section 3—Composition and Tenure
of Office of the Board.
(1) The Board shall consist of the
following persons who shall be
appointed by the President acting
in accordance with the advice of
the Prime Minister:—
(a) a Chairman,
(b) a representative of the Cocoa
Marketing Board,
(c) a representative of the
Crops-Research Institute, Kumasi,
(d) two representatives of the
banking institutions in Ghana, one
of whom shall be from the
Agricultural Development Bank,
(e) one representative of the
Ghana Industrial Holding
Corporation,
(f) one representative of the
Grains Development Board,
(g) two representatives of bast
fibre growers,
(h) the Regional Agricultural
Officer, Ashanti, and
(i)
the person appointed as Executive
Secretary under section 5 of this
Act.
(2) A member of the Board other
than a member appointed under
paragraph (g) or (h) of subsection
(1) of this section shall hold
office for a period of three
years.
(3) A member of the Board whose
term of office expires shall be
eligible for re-appointment.
(4) A member, including the
Chairman, may be removed from
membership of the Board only when
he—
(a) becomes a person of unsound
mind;
(b) is absent from three
consecutive meetings of the Board
without permission;
(c) is proved guilty of serious
misconduct in relation to his
duties as Chairman or member of
the Board;
(d) is sentenced to death or to
imprisonment for a term exceeding
12 months without the option of a
fine or is convicted of an offence
involving dishonesty;
(e) is declared insolvent or
bankrupt under any law in force in
Ghana or in any other country; or
(f) (if he were a person possessed
of professional qualifications) is
disqualified or suspended,
otherwise than at his own request,
from practising his profession in
Ghana or in any other country by
order of any competent authority
made in respect of him personally.
(5) Subject to the provisions of
this Act every member of the Board
shall hold office on such terms
and conditions relating to the
payment of remuneration and
allowances as may be determined by
the Government.
(6) A member of the Board other
than a member appointed under
paragraph (h) or (i) of subsection
(1) of this section may resign his
appointment by giving one month's
notice in writing addressed to the
President through the Prime
Minister.
Section 4—Meetings of Board.
(1) The Board shall meet for the
discharge of its functions at such
times and places as the Chairman
may appoint, so however, that the
Board shall meet at intervals, not
exceeding three months.
(2) The Chairman shall preside at
all meetings of the Board, and in
his absence a member of the Board
appointed by the members present
from among themselves shall
preside.
(3) Questions proposed at a
meeting of the Board shall be
determined by a simple majority of
members present and voting and in
the event of an equality of votes,
the person presiding shall have a
second or casting vote.
(4) The quorum at any meeting of
the Board shall be five.
Section 5—Executive Secretary.
(1) The Board shall, with the
approval of the Cabinet, appoint
an Executive Secretary on such
terms and conditions as the Board
may determine, and for a period of
five years which may be renewed.
(2) The Executive Secretary shall
be responsible for the day to day
management and administration of
the activities of the Board and
shall act subject to such general
directions as may be given by the
Board.
Section 6—Appointment of
Consultant.
(1) The Government may appoint a
consultant to the Board on such
terms and conditions as it may
deem fit.
(2) The consultant shall, inter
alia, be responsible for
organising the bast fibre industry
in the country on a commercial
scale.
Section 7—Officers and Employees
of Board.
The Board shall employ officers
and employees on such terms and
conditions as it may deem fit for
the discharge of its functions.
Section 8—Assets and Funds of
Board.
(1) The assets and funds of the
Board shall consist of—
(a) all lands, buildings,
equipment, stores, furniture,
tools and machinery purchased by
the Board or granted to the Board
by the Government or by any person
for the proper discharge of its
functions;
(b) all sums granted to the Board
from time to time by the
Government with the prior approval
of the Minister responsible for
Finance;
(c) all sums granted to the Board
by foreign governments or foreign
institutions;
(d) income derived from the sale
of bast fibres, and
(e) any other money or property
which may in any manner become
payable to or vested in the Board
in respect of any matter
incidental to its functions.
(2) The Board may borrow from any
banking institution, corporation,
local authority or other person
such amounts as it may require for
the discharge of its functions.
Section 9—Accounts, Etc.
(1) The Board shall in such form a
s the Auditor-General may approve,
keep proper books of accounts and
proper records in relation
thereto.
(2) The financial year of the
Board shall be the period of
twelve months ending on the 31st
day of March in each year.
(3) The Executive Secretary shall
prepare the budget estimates for
any new financial year and present
such estimates to the Board for
its approval not later than two
months before the end of the
preceding financial year of the
Board.
Section 10—Audit.
(1) Accounts prepared under
section 9 of this Act shall be
submitted annually to the
Auditor-General by the Board and
the Auditor-General shall cause
the accounts to be audited as
required by article 135 of the
Constitution.
(2) The Board shall, not later
than the 31st day of July
immediately succeeding the end of
the previous financial year,
forward to the Minister
responsible for Agriculture a
report of its activities during
the preceding financial year
together with an audited statement
of accounts in respect of that
year.
(3) The said Minister shall
transmit copies of the said report
and audited statement as soon as
may be practicable upon receipt
thereof to the Cabinet.
Section 11—Board to make
Regulations.
The Board may with the prior
approval of the Minister
responsible for Agriculture and
subject to the provisions of this
Act, by legislative instrument
make regulations in respect of
all or any of the following
matters:—
(a) the cultivation, processing,
handling, grading and storage of
bast fibres;
(b) the purchase, sale and
utilisation of bast fibres which
the Board deems to be in the best
interest of the country and the
local bast fibre industry;
(c) the importation and
exportation of bast fibres;
(d) any matter for the purpose of
carrying out the principles and
provisions of this Act.
Section 12—Offences.
(1) Any person who contravenes any
provision of this Act or any
regulation made thereunder shall
be guilty of an offence and shall
on summary conviction be liable to
a fine not exceeding two hundred
new cedis or to a term of
imprisonment not exceeding one
year or to both such fine and
imprisonment.
(2) In the case of an offence
committed under this Act by a body
of persons—
(a) where the body of persons is a
body corporate other than a
partnership every director and
officer of that body corporate
shall be deemed to be guilty of
the offence; and
(b) where the body of persons is a
partnership every partner of that
partnership shall be deemed to be
guilty of that offence:
Provided that no such person shall
be deemed to be guilty of an
offence under this Act, if he
proves that the offence was
committed without his knowledge or
that he exercised all due
diligence to prevent the
commission of the offence.
Section 13—Exemption from taxes.
The Board shall be exempted from
the payment of all taxes and
duties for a period not exceeding
ten years.
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