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CENTRE
FOR SCIENTIFIC RESEARCH INTO PLANT
MEDICINE DECREE, 1975 (NRCD 344)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Centre for Scientific Research
into Plant Medicine.
2. Functions of the Centre.
3. The Council of the Centre.
4. Membership of the Council.
5. Terms of Office for Members.
6. Filling of Vacancies.
7. Remuneration.
PART II—MEETINGS AND COMMITTEES OF
THE COUNCIL
8. Meetings of the Council.
9. Committees of the Council.
PART III—ADMINISTRATION AND STAFF
MATTERS
10. Director and other Staff.
11. Provisions of Pensions, etc.,
for Council's Employees.
PART IV—FINANCIAL PROVISIONS
12. Funds of the Centre.
13. Provisions Relating to
Donations.
14. Estimates of Expenditure.
15. Accounts and Audit.
16. Annual Report.
17. Commissioner's Powers.
PART V—MISCELLANEOUS
18. General Powers of the Centre.
19. Regulations of the Council.
20. Rules and Bye-Laws.
21. Council's Power of Proposing
Amendments to Decree.
22. Exemption from Rates and Taxes
Etc.
23. Transitional Provision.
24. Interpretation.
IN pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972, this Decree is
hereby made:
Section 1—Centre for Scientific
Research into Plant Medicine.
(1) There is hereby established a
Centre for Scientific Research
into Plant Medicine (hereinafter
referred to as "the Centre").
(2) The Centre shall be a body
corporate and shall have perpetual
succession and a common seal and
may sue and be sued in its
corporate name.
Section 2—Functions of the Centre.
The functions of the Centre are—
(a) to conduct and promote
Scientific Research relating to
the improvement of plant medicine;
(b) to ensure the purity of drugs
extracted from plants;
(c) to co-operate and liaise with
the Ghana Psychic and Traditional
Healers' Association, research
institutions, and commercial
organisations in any part of the
world in matters of plant
medicine;
(d) to undertake or collaborate in
the collation, publication and the
dissemination of the results of
research and other useful
technical information;
(e) to establish, where necessary,
botanical gardens for medicinal
plants;
(f) to perform such other
functions as the Government may
assign to it from time to time.
Section 3—The Council of the
Centre.
(1) There shall be a Council of
the Centre (hereinafter referred
to as "the Council") which shall
have the custody, control and use
of the common seal of the Centre.
(2) The Council shall encourage
the use of medicinally proven
preparations as effective
substitutes for conventional
drugs.
(3) The Council shall be
responsible for the management and
administration of the revenue and
property of the Centre and shall,
subject to the powers and
functions of the Centre as
prescribed in this Decree, have
general control over the conduct
of the affairs of the Centre,
including its public relations.
(4) The Council shall advise
Government on preservation and
restriction of the exportation of
certain medicinal plants.
(5) The Council shall advise
Government from time to time on
the desirability or otherwise of
importing certain medicinal plants
or their preparations into the
country.
Section 4—Membership of the
Council.
The members of the Council shall
be as follows:—
(a) a Chairman appointed by the
Government with recognised
qualification or experience in
plant medicine or a related
subject;
(b) a representative of the
National Council for Higher
Education;
(c) the Dean of the University of
Ghana Medical School or his
representative;
(d) the Dean of the Faculty of
Pharmacy, University of Science
and Technology, or his
representative;
(e) the Chairman of the Council
for Scientific and Industrial
Research or his representative;
(f) the Director of Medical
Services or his representative;
(g) the General Manager,
Pharmaceutical Division, Ghana
Industrial Holding Corporation or
his representative;
(h) a representative of the Ghana
Pharmaceutical Society;
(i)
a representative of the Ghana
Medical Association;
(j) two persons with special
interest in plant medicine
nominated by the Government,
consideration to be given to
traditional rulers;
(k) a Herbalist nominated by the
Government in consultation with
the Council;
(l) a member of the Ghana Psychic
and Traditional Healers'
Association nominated by the
Association;
(m) the Director of the Centre.
[As Substituted by Centre for
Scientific Research into Plant
Medicine (Amendment) Decree, 1976
(SMCD 12) s. 1].
Section 5—Terms of Office for
Members.
(1) Subject to the provisions of
this Decree all members of the
Council other than ex officio
members shall hold office for a
term not exceeding three years and
shall be eligible for
re-appointment.
(2) A member other than an ex
officio member may at any time by
a notice in writing addressed to
the Chairman resign his office.
(3) The office of any member other
than an ex officio member, who is
absent from Ghana for a continuous
period of twelve months, shall
become vacant at the end of such
period.
(4) No member shall hold office
under more than one provision of
section 4 of this Decree, and if a
person is appointed under more
than one provision he shall notify
the Council under which provision
he chooses to hold office and
another person shall thereupon be
appointed under the other
provision.
Section 6—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 5 of this Decree, a
replacement shall be appointed or
nominated for the remainder of his
term under section 4.
Section 7—Remuneration.
(1) No member of the Council,
other than the Director, shall be
entitled to any remuneration in
respect of his membership.
(2) The Council may, however, pay
to members of the Council and to
other persons attending meetings
of the Council such travelling and
other allowances out of the funds
of the Centre as the Council may
determine.
PART II—MEETINGS AND COMMITTEES OF
THE COUNCIL
Section 8—Meetings of the Council.
(1) The Council shall ordinarily
meet for the despatch of business
at such times and places as the
Council shall determine but shall
meet not less than once in every
three months.
(2) The Chairman may, and shall on
the request in writing of not less
than six members of the Council,
call an extraordinary meeting at
such time and place as he may
determine.
(3) The Chairman, if present,
shall preside at every meeting of
the Council, and in his absence
any member of the Council elected
by the members present shall
preside at the meeting.
(4) The quorum at every meeting of
the Council shall be not less than
one-half of the total membership
of the Council.
(5) Subject to any other
provisions of this Decree or any
bye-laws of the Council, all
questions proposed at a meeting of
the Council shall be determined by
a simple majority of the members
present and voting, and where the
votes are equal, the Chairman or
the person presiding shall have a
second or casting vote.
(6) The Council may request the
attendance of any person to act as
adviser at any meeting of the
Council and that person while so
attending shall have all the
powers of a member except that he
shall not be allowed to vote on
any question 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 of a member
thereof.
(8) Subject to the other
provisions of this section the
Council may regulate its own
procedure.
Section 9—Committees of the
Council.
(1) The Council may appoint such
committees consisting of such
persons, whether members of the
Council or not, as it thinks fit
to advise the Council on the
performance of any of its
functions under this Decree.
(2) The Chairman of every such
committee shall as far as possible
be a member of the Council.
PART III—ADMINISTRATION AND STAFF
MATTERS
Section 10—Director and Other
Staff.
(1) The Government shall appoint,
after consultation with the
Council, a suitable person to be
the Director of the Centre on such
terms and conditions as it may
determine, and he shall be the
Chief Executive of the Centre.
(2) The Director shall be the
administrative head and chief
disciplinary officer of the
Centre, and shall exercise general
supervision over the work and
general authority over the
employees of the Centre.
(3) The Director shall be
responsible to the Council for
maintaining and promoting the good
order and efficiency of the
Centre.
(4) There shall be an
Administrative Secretary who shall
be appointed by the Council on
such terms and conditions as the
Council may determine and who
shall be responsible to the
Director for the day-to-day
administration of the Centre.
(5) The Administrative Secretary
shall be the Secretary to the
Council.
(6) The Council may employ, upon
such terms and conditions as the
Council thinks fit, research
officers and such other persons as
may be required for the proper and
efficient discharge of the
Council's functions.
(7) The Director shall have power
to appoint, subject to any
regulations that the Council may
make to that effect, persons as
employees of the Centre who shall
be designated as junior officers.
(8) The Director, the
Administrative Secretary and other
employees of the Centre shall be
public officers.
Section 11—Provisions of Pensions,
Etc., for Council's Employees.
(1) The Council may grant subject
to the provisions of the Social
Security Decree, 1972 (NRCD 127)
and in accordance with rules made
in that behalf by the Council,
pensions, allowances, gratuities
or retiring awards to such
employees of the Centre, as the
Council may after consultation
with the Government determine,
being employees to whom the
Pensions Ordinance (Cap. 30) does
not apply.
(2) The Council may require any
such employees to contribute to
any pension, provident fund or
superannuation or Social Security
Scheme.
(3) The provisions of the Social
Security Decree, 1972 (NRCD 127)
shall not apply to research
officers of the Centre.
PART IV—FINANCIAL PROVISIONS
Section 12—Funds of the Centre.
The funds of the Centre shall be
made up of subventions from the
Government, any moneys accruing to
the Centre in the course of the
performance of its functions under
this Decree, donations,
endowments, grants, investments
and moneys from any other source
approved by the Council.
Section 13—Provisions Relating to
Donations.
Every donation shall be made
directly to the Centre which shall
utilise any such donation in
furtherance of any of its
objectives under this Decree.
Section 14—Estimates of
Expenditure.
(1) The Director shall for each
financial year prepare and submit
not later than two months before
the commencement of that financial
year draft estimates of
expenditure in respect of the
Centre, administration and
research projects during that
financial year.
(2) The Council shall consider
such estimates and shall after
approval by it, submit them
through the Ministry of Health to
the Government for approval.
(3) The Council shall ensure that
any funds of the Centre are
employed solely for the purposes
for which they were approved and
in accordance with financial
regulations made by the
Commissioner on the
recommendations of the Council.
Section 15—Accounts and Audit.
(1) The Centre shall keep proper
books of accounts and proper
records in relation thereto.
(2) The Centre shall prepare an
annual statement of accounts in
such form and containing such
particulars as the Auditor-General
may from time to time direct.
(3) The books and accounts of the
Centre shall be audited by the
Auditor-General in accordance with
the provisions of the Audit
Services Decree, 1972 (NRCD 49).
(4) The Auditor-General shall in
his report state whether in his
opinion proper books of accounts
have been kept by the Centre and
shall call the attention of the
Government to any matter falling
within the scope of the
examination which in his opinion
should be brought to the attention
of the Government.
(5) It shall be the duty of the
Council as soon as possible on
receiving the report of the
Auditor-General to forward a copy
of it to the Commissioner.
(6) The Commissioner shall as soon
as practicable upon receipt of it
cause the Auditor-General's report
to be laid before the National
Redemption Council.
Section 16—Annual Report.
(1) The Centre shall, not later
than six months after the end of
each financial year, submit an
annual report through the Council
to the Commissioner in such form
as the Commissioner may prescribe
which shall include the statement
of accounts in section 15(2) of
this Decree and the Commissioner
shall as soon as practicable lay
the report before the Government.
(2) The Audit report of the
Auditor-General shall be included
in the annual report of the Centre
and the annual report of the
Centre shall be published in such
manner as the Commissioner may
determine.
Section 17—Commissioner's Powers.
The Commissioner shall be
generally responsible for the
Centre and the Council, subject to
the provisions of this Decree.
PART V—MISCELLANEOUS
Section 18—General Powers of the
Centre.
(1) The Centre shall, subject to
any other provisions of this
Decree, have power for any purpose
which in the Council's opinion is
necessary or expedient for or in
connection with the proper
exercise of the functions of the
Centre, to acquire and hold any
movable or immovable property, to
sell, lease, mortgage or otherwise
alienate or dispose of any such
property, and to enter into any
other transaction.
(2) Where there is any hinderance
to the acquisition by the Centre
of any property, the property may
be acquired for the Centre under
the State Property and Contracts
Act, 1960 (CA 6) or as the case
may be under the State Lands Act,
1962 (Act 125) and each such Act
shall, as the case may be, apply
in relation to any such
acquisition with such
modifications as may be necessary
to provide for the vesting of the
property required thereunder in
the Centre, and for the cost of
such acquisition to be defrayed by
the Centre.
(3) No person shall charge or
dispose of any land or buildings
of the Centre without the consent
in writing of the Council; such
consent may be signified under the
hand of the Chairman or of any
other person duly authorised by
the Council to act in that behalf.
Section 19—Regulations of the
Council.
The Commissioner may, by
legislative instrument, make such
regulations on the recommendations
of the Council, as the
Commissioner may think fit for the
purposes of giving full effect to
the provisions of this Decree.
Section 20—Rules and Bye-Laws.
The Council may make such rules
and bye-laws as may be appropriate
for the proper administration of
the Centre.
Section 21—Council's Power of
Proposing Amendments to Decree.
The Council shall not propose to
the Government any amendment to
this Decree, unless—
(a) such amendment is contained in
a resolution passed at a meeting
of the Council by the affirmative
votes of not less than two-thirds
of the total number of members of
the Council present and voting;
and
(b) the resolution so passed is
later confirmed by the same member
or members present and voting at a
second meeting of the Council held
not earlier than one month or not
later than four months after the
first meeting as aforesaid of the
Council.
Section 22—Exemption from Rates
and Taxes Etc.
The Centre shall for its own
purposes be exempted from the
payment of such taxes, rates and
duties as the Commissioner
responsible for Finance may in
writing approve.
Section 23—Transitional Provision.
The Director and the employees of
the Centre holding office
immediately before the
commencement of this Decree shall
be deemed to have been duly
appointed under this Decree.
Section 24—Interpretation.
In this Decree—
"Centre" means the Centre for
Scientific Research into Plant
Medicine and any other Centre
established by the Government on
the advice of the Council;
"Commissioner" means the
Commissioner responsible for
Health;
"financial year" means financial
year of the Government;
"Scientific Research" includes
research into social, cultural and
other aspects of plant medicine;
"Research Officer" means an
officer of a status comparable to
that of a University teacher or a
person belonging to the academic
staff of the Universities.
Made this 10th day of July, 1975.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 18th
July, 1975.
amended by
CENTRE FOR SCIENTIFIC RESEARCH
INTO PLANT MEDICINE (AMENDMENT)
DECREE, 1976 (SMCD 12)1. |
