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ACT 799
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
CENTRE FOR URBAN TRANSPORTATION
ACT, 2010
AN ACT to establish the Centre
for Urban Transportation to
serve as a Centre of expertise
in urban transportation and to
facilitate the conduct of
research into urban
transportation, provide
technical assistance and
knowledge on urban transport to
policy makers and for related
matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President
Establishment, Object and
Functions of the Centre
Establishment of the Centre for
Urban Transportation
1.
(I) There is established by this
Act a body to be known as the
Centre for Urban Transportation.
(2) The Centre is a body
corporate with perpetual
succession, and a common seal
and may sue and be sued in its
corporate name.
(3) The Centre may for the
performance of its functions
acquire and hold movable or
immovable property and may enter
into a contract or any other
transaction.
(4) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Centre under the State Property
and Contracts Act, 1960 (C.A. 6)
or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the centre.
Object of the Centre
2.
The object of the Centre is to
serve as a centre of expertise
and excellence in urban
transportation and to facilitate
the conduct of research into
Urban transportation systems in
order to improve urban
transportation in the country.
Functions of the Centre
3.
For the purpose of achieving its
object, the Centre shall
(a)
make recommendations on Urban
Transport Policy and Strategy
for the consideration of urban
transport policy makers, Urban
Transport Operators and managers
of the Urban Transport System;
(b)
provide innovative solutions to
urban transport problems; (c)
provide technical assistance
and knowledge on urban transport
to policy makers, regulators,
planners, operators and managers
of urban transport;
(d)
on request, build the capacity
of relevant stakeholders in all
urban transportation and related
issues;
(e)
provide information on
innovations, standards, policy
recommendations or schemes
developed by the Centre and
which may be applied to urban
transport policy, operations and
management, or to general
transportation or any other
relevant aspect of public policy
formulation;
(f)
take relevant measures within
its mandate to draw the
attention of policy makers,
operators and managers of urban
transportation to the need to
take relevant multi-disciplinary
and multi-modal issues into
account in the development and
implementation of urban
transportation policy;
(g)
recommend appropriate
combination of traffic
engineering measures, management
and regulatory mechanisms of
public transport industry
including a Bus Rapid Transit
that may be implemented in
appropriate urban areas;
(h)
promote environmentally
sustainable modes of transport
and lowering of transport
related Green House Gas
emissions along transport
corridors and urban areas;
(1)
initiate, conduct and support
research to improve urban
transportation;
(j)
collect, collate, analyse and
disseminate up-to-date
information on urban transport
and issue guidelines on how
recommendations of the Centre
may be applied by persons and
entities in the public and
private sector;
(k)
keep a database of persons and
entities that the Centre may
liaise and work with in the
performance of its function;
(I)
identify specific research and
other projects of relevance to
urban transport and make the
necessary recomIllendation to
government and other relevant
agencies;
(m)
initiate, organise and
participate in promotional
activities including
exhibitions, conferences and
seminars for the stimulation of
discussions, the acquisition or
dissemination of knowledge on
specific urban transport issues;
(n)
collaborate with District
Assemblies, transport operators,
policy makers, Ministries,
Departments and Agencies and any
other entity concerned with
Urban Transport;
(0)
keep a data base of
technological applications
relating to urban transport and
recommend appropriate
technologies that may be adopted
in this country;
(p)
on request and subject to an
appropriate contract, monitor,
evaluate and audit the
implementation of government
policies on urban transport to
assess the effectiveness of
those policies;
(q)
encourage co-ordinated
employment of modern urban
strategies;
(r)
encourage and promote the
commercialization of research
results;
(5)
undertake or collaborate in the
collation, publication and
dissemination of the results of
research and other useful
technical information;
(u)
promote human resource
development in relation to urban
transport and to encourage the
training of urban transport
personnel and research workers
through the provision of grants
and fellowships;
(v)
establish relationships and
collaborate with
(i) relevant research
institutions, international and
local organisations,
universities, and the private
sector that have objectives
similar to the object of the
Centre; and
(ii) other urban transportation
organisations for the sharing of
experiences, knowledge and
lessons among others;
(w)
provide consultancy services and
technical support services for a
fee;
(x) monitor and ensure the
performance of public bodies,
agencies and organisations in
relation to the use of services
received from the Centre; and
(y)
perform any other function
necessary for the attainment of
the object of the Centre
Governing Body of the Centre
4.
(1) The governing body of the
Centre is a Board consisting of
(a)
a chairperson who shall be a
person with considerable
knowledge of urban transport and
who is not employed in the
public service;
(b)
one representative each, not
below the rank of director of
the Ministry responsible for:
(i) Roads;
(ii) Transport;
(iii) Local Government; and (iv)
Environment;
(c)
one representative each of the
(i) Drivers and Vehicle
Licensing Authority;
(ii) National Development
Planning Commission; and (iii)
National Road Safety Commission;
(d)
one person appointed from an
accredited tertiary institution
that offers a programme in urban
transportation;
(e)
two persons with experience in
urban transporta tion or
municipal engineering from the
private sector;
(f)
one person representing urban
transport operators, selected in
consultation with urban
transport operators; and
(g)
the Chief Executive Officer of
the Centre.
(2) The Chairman and other
members of the Board shall be
appointed by the President of
the Republic in accordance with
article 70 of the Constitution.
Functions of the Board
5.
(1) The Board shall ensure the
proper and effective performance
of the functions of the Centre,
(2) Without limiting subsection
(1), the Board shall
(a)
approve the annual operating
plan and budget of the Centre;
(b) review the quarterly
performance of the Centre
including the statement of
account;
(c)
ensure cooperation and
coordination with stakeholders;
(d)
recommend remuneration of the
staff of the Centre; and (e)
institute measures to
facilitate the effectiveness ·of
the Centre and the attainment of
its object.
Tenure of Office
6.
(1) A member of the Board shall
hold office for a period not
exceeding three years and is
eligible for re-appointment but
a member shall not be appointed
for more than two terms.
(2) Subsection (1) does not
apply to the Chief Executive
Officer of the Centre.
(3) A member of the Board may at
any time resign from office in
writing addressed to the
President through the Minister.
(4) A member of the Board, other
than the Chief Executive Officer
of the Centre, who is absent
from three consecutive meetings
of the Board without sufficient
cause ceases to be a member of
the Board.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Board
is, for sufficient reason,
unable to act as a member, the
Minister shall determine whether
the inability would result in
the declaration of vacancy.
(7) Where there is a vacancy
(a)
under subsection (3), (4), (5)
or section 8 (2), or
(b)
as a result of a declaration
under subsection (6,) or
(c)
by reason of the death of a
member, the minister shall
notify the President of the
vacancy and the President shall
appoint a person to fill the
vacancy.
Allowances
10.
Members of the Board and members
of a committee of the Board
shall be paid allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
Administration and Finance
Administration
and Divisions of the
Centre
11.
(1) The Board may establish
divisions or units it considers
necessary for the effective
performance of the functions and
the administration of the
Centre.
(2) Subject to subsection (1),
the Centre may have the
following divisions:
(a)
Technical Support;
(b)
Capacity Development;
(c)
Urban Transport Policy Delivery;
(d)
Finance and Administration; and
(e) Monitoring and
Evaluation.
(3) There shall be appointed for
each division a Director and for
a Unit a Head.
(4) Each director or head shall
be responsible for the
management of the division or
unit and shall answer to the
Chief Executive Officer. (5)
Qualifications for the
appointment as director shall be
determined by the Board.
(6) The staff strength, duties
and functions of each division
or unit shall be determined by
the Board on the recommendation
of the Chief Executive Officer.
(7) A regional or district
office of the centre shall be
provided with public officers
that the President shall appoint
in accordance with article 195
of the Constitution.
(8) A regional or district
office of the Centre shall
perform the functions of the
Centre in the region or district
that the Board may direct.
Ministerial responsibility and
directives
12.
The Ministry of Local Government
and Rural Development shall have
ministerial responsibility for
the Centre and the Minister may
give directives to the Board on
matters of policy and the Board
shall comply.
Chief Executive Officer
13. (1) The President in
accordance with article 195 of
the Constitution shall appoint a
person who has the requisite
qualifications, experience and
skills for the performance of
the functions of the Centre as
the Chief Executive Officer of
the Centre.
(2) The Chief Executive Officer
shall hold office
(a)
on the terms and conditions
specified in the letter of
appointment; and
(b)
for a term of not more than four
years but is eligible for
reappointment.
Functions of the Chief Executive
Officer
14.
(1) The Chief Executive Officer
is responsible for the day to
day administration of the Centre
and is answerable to the Board
fOf the performance of the
functions under this Act.
(2) Without limiting subsection
(1), the Chief Executive Officer
(a)
direct and coordinate the work
of the Centre;
(b)
with the assistance of the
directors of the divisions or
heads units draw up the
implementation plans, budget and
programme of activities of the
Centre for the approval of the
Board;
(c)
collaborate with other
stakeholders to ensure that the
objectives of the Centre are
achieved;
(d)
assist the Board to appraise the
performance contracts of other
management staff of the Centre;
and
(e)
perform other functions
determined by the Board as
necessary for the achievement of
the objective of the Centre.
(3) The Chief Executive Officer
may delegate a function to an
officer of the Centre but shall
not be relieved from the
ultimate responsibility for
performance of the delegated
function.
Performance Contracts
15.
The Board may enter into
performance contracts with the
Chief Executive Officer and
other managerial staff of the
Centre
Secretary of the Centre
16.
(1) The President in accordance
with the article 195 of the
Constitution shall appoint a
Secretary for the' Board of the
Centre.
(2) The Secretary
(a)
is answerable to the Chief
Executive Officer;
(b)
shall keep accurate records of
proceedings and decisions of the
Board; and
(c)
shall perform any functions
determined by the Board or the
Chief Executive Officer.
Appointment of other staff
17.
(1) The President, in accordance
with article 195 of the
Constitution, shall appoint
other staff of the Centre that
are necessary for the proper and
effective performance of the
functions of the Centre.
(2) Other public officers may be
transferred or seconded to the
Centre or may otherwise give
assistance to the Centre.
.
(3) The Board may engage the
services of persons with
relevant expertise on the
recommendations of the Chief
Executive Officer.
Funds of the Centre
18.
The funds of the Centre include
moneys
(a)
approved by Parliament for the
Centre;
(b)
from fees paid for the provision
of services by the Centre to (i)
Metropolitan, Municipal and
District Assemblies, and
(ii) Ministries Departments and
Agencies
(c)
from fees from the provision of
services which may be local
or international;
(d)
from proceeds received by the
Centre from investments; (e)
from funding from
Development Partners;
(f)
from donations, grants, gifts,
and income from other sources
received for the activities of
the Centre.
Accounts and Audit
19.
(1) The Board shall keep books
of account and proper records in
relation to them in the form
approved by the Auditor-General.
(2) The Board shall submit the
accounts of the Centre to the
Auditor-General for audit within
three months after the end of
the financial year.
(3) The Auditor-General shall,
not later than three months
after the receipt of the
accounts, audit the accounts and
forward a copy of the Audit
report to the Minister.
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