|
CIVIL SERVICE LAW, 1993 (PNDCL
327)
As amended
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT AND CONTINUED
EXISTENCE OF THE GHANA CIVIL
SERVICE
1. Establishment and continued
existence of the Ghana Civil
Service.
PART II—OBJECT AND FUNCTIONS OF
THE SERVICE
2. Object of the Service
3. Functions of the Service
PART III—MEMBERSHIP AND STRUCTURE
OF THE SERVICE
4. Membership of the Service
5. Office of the Head of the
Service
6. Head of the Service
7. Functions of the Head of the
Service
8. Delegation of function
9. Office of the P.N.D.C.
10. Function of Secretary to the
Office of the P.N.D.C.
11. Creation of Ministries and
Departments of Government
12. Organisational structure of
Ministries
13. Functions of Ministries
14. Government Department at the
national level
15. Special Departments
16. Review of functional structure
and contents of Ministries and
Departments of the Service
17. Contracting out of specific
areas in the Service to private
persons
18. Abolition of office
PART IV—APPOINTMENT OF CHIEF
DIRECTORS, DIRECTORS AND OTHER
STAFF OF THE SERVICE
19. Appointment of Chief Director
20. Functions of a Chief Director
21. Delegation of authority
22. Directors
PART V—DECENTRALIZATION
23. Local Government Secretariat
24. Functions of the Local
Government Secretariat
25. Functions of departments
established in Regions and
Districts
26. Office of Regional
Co-ordinating Council and its
Director
27. Role of Office of Regional
Co-ordinating Council
28. Departments of Regional
Co-ordinating Council
29. Role of Departments of
Regional Co-ordinating Council
30. Office of District Assembly
31. Role of the office of a
District Assembly
32. Departments of District
Assembly
33. Head of Department of District
Assembly
34. Functions of Department of
District Assemblies
PART VI—CIVIL SERVICE COUNCIL AND
OTHER STATUTORY BODIES
35. Civil Service Council
36. Functions of Civil Service
Council
37. Meeting of Civil Service
Council
38. Co-option of members and
committees
39. Ministries Advisory Boards
40. Functions of Ministerial
Advisory Board
41. Meeting of the Board
42. The Head of Civil Service
Advisory Board
43. Members of the Civil Service
Advisory Board
44. Functions of the Civil Service
Advisory Board
45. Advisory committees at
Regional and District levels
46. Staff appointment advisory
boards
47. Disciplinary Committee
48. Civil Service Committee on
Administrative reforms
49. Other committees in the
Service
PART VII—CIVIL SERVICE POSTS
50. Creation of Civil Service
posts
51. Departmental posts
PART VIII—FILLING OF VACANCIES
52. Filling of vacancies
53. Power of appointment
54. Delegation of power of
appointment
55. Reporting of vacancies
56. Qualification for appointment
57. Advertisement of posts in the
Service
58. Appointment of convicted
persons
59. Recruitment of Ghanaian
resident outside Ghana
60. Recruitment of non-Ghanaian
resident outside Ghana
61. Probation period
62. Posting
63. Engagement of staff
64. Mode of filling vacancies
65. Method of appointment
66. Limited engagement
PART IX—CONDITIONS OF SERVICE
67. Conditions of Service
68. Engagement in consultancies
69. Civil Servants Association
70. Health and safety conditions
PART X—LEAVING THE SERVICE
71. Circumstances of leaving the
Service
72. Compulsory retirement
73. Voluntary retirement
74. Retirement for medical reasons
75. Transfer secondment to
approved employment
76. General definition of
misconduct
77. Particular types of misconduct
78. Penalties
79. Disciplinary authority
80. Proceedings for misconduct
81. Conduct of disciplinary
proceedings
82. Retirement benefits
PART IX—MISCELLANEOUS AND
SUPPLEMENTARY PROVISIONS
83. Expenses of the Service
84. Official language
85. Half-yearly reports by civil
service organisations
86. Annual report by Head of Civil
Service
87. Grievance machinery
88. Conflict of interest
89. Recognition and award system
90. Declaration of assets
91. Oaths to be sworn by civil
servants
92. Regulations
93. Application of Law to civil
servant serving abroad
94. Interpretation
95. Repeal and saving
SCHEDULE
Part I—Oaths
Part II
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made—
PART I—ESTABLISHMENT AND CONTINUED
EXISTENCE OF THE GHANA CIVIL
SERVICE
Section 1—Establishment and
Continued Existence of the Ghana
Civil Service.
(1) The organisation in existence
immediately before the coming into
force of this Law known as the
Civil Service of Ghana is and
shall subject to the provisions of
this Law continue to be the Civil
Service of Ghana.
(2) The Civil Service of Ghana,
referred to in this Law as "the
Service", forms part of the Public
Services of Ghana.
(3) The Service comprises service
in a civil office of government in
central government.[As amended by
Local Government Service Act, 2003
(Act 656), s.35(1) (a)].
PART II—OBJECT AND FUNCTIONS OF
THE SERVICE
Section 2—Object of the Service.
The object of the Service is to
assist the Government in the
formulation and implementation of
government policies for the
development of the country.
Section 3—Functions of the
Service.
(1) For the purpose of achieving
its object under this Law, the
Service shall—
(a) initiate and formulate policy
options for consideration of
government;
(b) initiate and advise on
government plans;
(c) undertake such research as may
be necessary for the effective
implementation of government
policies;
(d) implement government policies;
(e) review government policies and
plans;
(f) monitor, co-ordinate and
evaluate government policies and
plans;
(g) perform such functions as are
incidental or conducive to the
achievement of the object
specified in this Law; and
(h) perform such other functions
as the Council may direct.
(2) In the discharge of its
functions under subsection (1) of
this section, the Service shall
confer, consult and seek advice
and full co-operation of such
other government agencies and
authorities as may be necessary.
PART III—MEMBERSHIP AND STRUCTURE
OF THE SERVICE
Section 4—Membership of the
Service.
The following shall be members of
the Service—
(a) all persons serving in civil
capacity in posts designated as
civil service posts by or under,
this law in—
(i)
the Office of the President;[As
substituted by the Presidential
Office Act, 1993 (Act 463), s.14]
(ii) Ministries;
(iii) Government Departments at
the national level;
(iv) [Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(b)].
(v) [Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(b)].
(vi) [Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(b)].
(vii) [Repealed by Local
Government Service Act, 2003 (Act
656), s.35(1)(b)].
(viii) any other civil service
department established by or under
the authority of this Law the
emoluments attached to which are
paid directly from the
Consolidated Fund or other source
approved by Government; and
(b) all persons holding posts
designated as Civil Service posts
created by or under the authority
of any other enactment, the
emoluments attached to which are
paid directly from the
Consolidated Fund or other source
approved by Government.
Section 5—Office of the Head of
the Service.
(1) There is hereby established
the Office of the Head of the
Civil Service.
(2) There shall be established in
the Office of the Head of the
Civil Service the following
Directorates, Divisions and Units—
(a) Personnel Policy and
Management Directorate;
(b) Training and Manpower
Development Directorate;
(c) Management Services
Directorate;
(d) General Administration
Division;
(e) General Services Unit;
(f) Salaries Administration Unit;
(g) Research Unit;
(h) Public Relations Unit;
(i)
Public Complaints Unit; and
(j) Civil Service Reform
Co-ordinating Unit.
(3) The composition and functions
of the Directorates, Divisions and
Units shall be determined by the
Head of the Civil Service.
Section 6—Head of the Service.
(1) There shall be a Head of the
Civil Service who shall be
appointed by the Council.
(2) The Head of the Civil Service
shall have the rank of a Secretary
of State.
(3) The Head of the Civil Service
shall not whilst in office hold
any other post in the Public
Services.
Section 7—Function of the Head of
the Service.
(1) The Head of the Civil Service
shall—
(a) ensure general efficiency of
the Service;
(b) have overall charge of all
civil servants; and
(c) ensure effective
implementation of government
policies and plans for which the
Service has responsibility.
(2) Without prejudice to
subsection (1) of this section the
Head of the Civil Service shall—
(a) advise Government on
employment policy formulation
within the Service;
(b) advise on conduct of
management audits and review;
(c) initiate action on pay policy
for the Service; and
(d) determine and advise on
manpower limits for the Service.
(3) Regulations may further
provide for the details of the
functions of the Head of Civil
Service.
Section 8—Delegation of Function.
The Head of the Civil Service may
in writing delegate such of his
functions as he considers
appropriate to the Directors and
heads in Ministries or
Departments.
Section 9—Office of the P.N.D.C.
[Repealed by the Presidential
Office Act, 1993 (Act 463), s.15]
Section 10—Function of Secretary
to the Office of the P.N.D.C.
[Repealed by the Presidential
Office Act, 1993 (Act 463), s.15]
Section 11—Creation of Ministries
and Departments of Government.
(1) There shall be in the Civil
Service such Ministries consisting
of such departments as the
President may determine.
(2) A Ministry shall be the
highest organisation for the
respective sector and shall be—
(a) constituted of such
departments and divisions; and
(b) responsible for such sector as
the President shall determine or
as provided for by any enactment.
(3) Subject to the Constitution,
the President may by executive
instrument published in the
Gazette, establish a Ministry or
re-designate a Ministry.
(4) On the date of publication of
an executive instrument under
subsection (3) a reference in any
enactment in force or any document
to a Ministry or Minister with
responsibility for a specific
sector if otherwise than as
provided in the instrument, shall
be read and construed as a
reference to the Ministry or
Minister with responsibility for
the sector as published in the
executive instrument. [As
Substituted by the Civil Service
(Amendment) Act, 2001 (Act 600),
s. 1].
Section 12—Organisational
Structure of Ministries.
(1) There shall be established in
each Ministry as far as may be
applicable—
(a) General Administration and
Finance Division;
(b) Planning, Budgeting,
Co-ordination, Monitoring and
Evaluation Division;
(c) Training and Human Resources
Development Division; and
(d) Research, Statistics, Public
Relations and Information
Division.
(2) A Division established in any
Ministry shall—
(a) provide administrative support
for the political head of the
Ministry; and
(b) co-ordinate and monitor
programmes of the Ministry.
Section 13—Functions of
Ministries.
A
Ministry shall—
(a) initiate and formulate
policies taking into account the
needs and aspirations of the
people;
(b) undertake development planning
in consultation with the National
Development Planning Commission;
and
(c) co-ordinate, monitor and
evaluate the efficiency and
effectiveness of the performance
of the sector.
Section 14—Government Department
at the National Level.
(1) Every Department of Government
created by or under the authority
of this Law in a Ministry shall be
a unit under the Ministry.
(2) The Department shall be
responsible for the implementation
of the functions for which it was
created.
(3) A Department of a District
Assembly shall not form a part of
the Ministry or any national level
organisation to which it relates.
Section 15—Special Departments.
(1) There may be established by or
under the authority of this Law
special Departments in the
Service.
(2) No Special Department shall be
established under this Law unless
the Department—
(a) has functions that in a
substantial manner affect the
functions of other Departments; or
(b) has functions and
responsibilities of such strategic
nature that it cannot be
established under any Ministry.
(3) A Special Department
established under this Law shall
be under the Office of the P.N.D.C.
Section 16—Review of Functional
Structure and Contents of
Ministries and Departments of the
Service.
(1) The functional structure and
job content of Ministries and
Government Departments at the
national and local levels shall be
subject to such periodic reviews
as may be necessary.
(2) A review shall be in response
to decisions of Government or as a
result of review proposals
sponsored by the political head of
the Ministry concerned.
(3) The report of a review
submitted under this section shall
be submitted to the Head of the
Civil Service who shall forward
them with his comments to the Head
of State for consideration.
Section 17—Contracting out of
Specific Areas in the Service to
Private Persons.
The Head of Civil Service may make
proposals to Government to give
out on contractural, retainer or
commission basis specified
occupational areas of the
functions of the civil service to
private organisations.
Section 18—Abolition of Office.
(1) An existing office or
organisation in the Service—
(a) which has ceased to merit its
continued existence; or
(b) which on review or
organisational structure of the
office is found to be no longer
necessary,
may be abolished by the Head of
State acting in consultation with
the Civil Service Council and the
Public Services Commission.
(2) An officer who loses his
employment as a result of
abolition of office under this
section shall be redeployed to an
analogous position within the
Service without loss of service,
pay or seniority.
(3) An officer affected by
abolition of office shall while
waiting to be redeployed, receive
his normal emoluments in full;
except that, where after two
months from the date of abolition
of the post, it has not been
possible to redeploy the officer,
he shall be discharged and given
such compensation as the
Government may determine.
(4) An officer affected by this
section shall be entitled to
normal retirement benefits under
any pension laws applicable to
him.
PART IV—APPOINTMENT OF CHIEF
DIRECTORS, DIRECTORS AND OTHER
STAFF OF THE SERVICE
Section 19—Appointment of Chief
Director.
(1) The Council may, acting in
consultation with the Civil
Service Council established under
Part VI of this Law, and the
Public Services Commission,
appoint Chief Directors for the
Service.
(2) A Chief Director appointed
under subsection (1) shall hold
the position as the bureaucratic
head of the Ministry or office to
which he is assigned.
(3) A Chief Director shall be a
public officer.
(4) The appointment of a Chief
Director shall be on such terms
and conditions as may be specified
in his letter of appointment.
Section 20—Functions of a Chief
Director.
(1) A Chief Director of a Ministry
shall be the chief adviser to the
PNDC Secretary of the Ministry on
all policies and other matters
related to the sector and shall in
relation to the Ministry—
(a) provide leadership and
guidance for determining policies
and objectives within the sector
and the implementation of the
policies and objectives;
(b) co-ordinate work programmes
and provide rules, guidelines and
procedures to facilitate the
achievement of targets set by the
Ministry;
(c) ensure the effective
organisation and development of
training programmes consistent
with sectoral policies and
programmes;
(d) establish systems for
effective inter-ministerial and
sectoral collaboration and
co-operation to avoid duplication
and to achieve harmonization of
programmes;
(e) develop systems of effective
work-flow and feed back on the
activities within the sector; and
(f) initiate plans and programmes
to activate and accelerate the
decentralization of his sector
where required.
(2) Without prejudice to
subsection (1) of this section a
Chief Director shall in relation
to his Ministry—
(a) recommend the disbursement of
budgetary allocation in accordance
with prevailing financial
regulations;
(b) recommend all leave of absence
for Directors and heads of
organisations as well as ensure
the effective organization and
co-ordination of leave of absence
within the sector;
(c) request for action programmes
and budget from all implementing
agencies;
(d) ensure the establishment by
all implementing agencies of
proper codes of conduct for
administrative, financial and
operational transactions;
(e) recommend major changes in the
organisational structures of
implementing agencies;
(f) recommend any actions
involving disposal of capital
assets; and
(g) ensure the development and
enforcement of an effective system
of discipline within the sector.
Section 21—Delegation of
Authority.
The sector Secretary or the Head
of the Civil Service or both may
delegate to a Chief Director such
powers as may be deemed fit.
Section 22—Directors.
(1) There shall be appointed by
the Council acting in consultation
with the Civil Service Council and
the Public Services Commission,
Directors for the Ministries and
government Departments.
(2) Directors appointed under this
section shall hold office as civil
servants.
PART V—DECENTRALIZATION
Section 23—Local Government
Secretariat.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 24—Functions of Local
Government Secretariat.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 25—Functions of
Departments Established in Regions
and Districts.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 26—Office of Regional
Co-ordinating Council and its
Director.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 27—Role of Office of
Regional Co-ordinating Council.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 28—Departments of Regional
Co-ordinating Council.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 29—Role of Departments of
Regional Co-ordinating Council.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 30—Office of District
Assembly.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 31—Role of Office of a
District Assembly.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 32—Departments of District
Assembly.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 33—Head of Departments of
District Assembly.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
Section 34—Functions of
Departments of District
Assemblies.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(c)].
PART VI—CIVIL SERVICE COUNCIL AND
OTHER STATUTORY BODIES
Section 35—Civil Service Council.
(1) There is hereby established a
body to be known as the Civil
Service Council.
(2) The Civil Service Council
shall consist of the following
persons—
(a) a Chairman;
(b) a retired Justice of the
Superior Court;
(c) the Chairman of the Public
Services Commission;
(d) the Head of the Civil Service;
(e) a retired senior civil
servant;
(f) a representative of the
National Development Planning
Commission;
(g) a representative of the Civil
Servant Association; and
(h) two other persons one of whom
shall be a woman.
(3) The members shall be appointed
by the Council.
Section 36—Functions of Civil
Service Council.
The functions of the Civil Service
Council are—
(a) to deliberate on the overall
government policy relating to the
management of the Service and
suggest improvements or
modifications to Government;
(b) to promote collaboration
between institutions of higher
education for training of civil
servants for effective civil
service performance;
(c) to advise and promote policies
aimed at ensuring that the cost of
the Service to government is not
excessive;
(d) to periodically review the
objectives of the Civil Service in
relation to political, economic,
social and cultural changes;
(e) to make proposals for
enhancing the relationship between
Government as employer and members
of the Civil Service; and
(f) perform other functions
assigned to it under this Law.
Section 37—Meeting of the Civil
Service Council.
(1) The Civil Service Council
shall meet at least once in every
three months.
(2) The tenure of the chairman and
members shall be four years, but
may be renewed.
(3) The quorum at a meeting of the
Civil Service Council shall be
five.
(4) Except as otherwise provided
in this Law the Civil Service
Council shall regulate the
procedure for its meetings.
Section 38—Co-option of Members
and Committees.
(1) The Civil Service Council may
co-opt any person to assist it at
any of its meetings except that a
person co-opted shall not vote on
any decision before the meeting.
(2) The Civil Service Council may
for the effective implementation
of its functions appoint
committees composed of members or
non-members or both.
Section 39—Ministries Advisory
Board.
(1) There shall be established in
every Ministry a Ministerial
Advisory Board.
(2) A Ministerial Advisory Board
shall consist of the following
persons—
(a) the Secretary responsible for
the Ministry who shall be the
Chairman;
(b) the Deputy Secretary of the
Ministry;
(c) the Chief Director; and
(d) representatives of—
(i)
three public sector organisations;
and
(ii) three private sector
organisations
with which the Ministry has the
most dealings.
Section 40—Functions of
Ministerial Advisory Board.
The functions of the Ministerial
Advisory Boards are to—
(a) promote constant interaction
between the Ministry and the users
of its services; and
(b) advise the sector Secretary on
adjustments in policy direction,
planning objectives and
operational strategies.
Section 41—Meeting of the Board.
(1) A Ministerial Advisory Board
shall meet at least once in every
three months.
(2) Minutes of meetings of the
Board shall be submitted regularly
to the Head of the Civil Service.
Section 42—The Head of Civil
Service Advisory Board.
There is hereby established a
board to be known as the Head of
the Civil Service Advisory Board.
Section 43—Members of the Civil
Service Advisory Board.
(1) The members of the Head of the
Civil Service Advisory Board are—
(a) the Head of the Civil Service
who shall be chairman;
(b) a member of the Public
Services Commission;
(c) the Director-General of GIMPA;
(d) the Commandant, Ghana Armed
Forces;
(e) the Chief Labour Officer;
(f) the Chief Director, Office of
the Head of the Civil Service;
(g) the president of the Ghana
Government Pensioners'
Association;
(h) a representative of the
Ministry of Finance; and
(i)
a representative of the Civil
Servants Association.
(2) The Board shall meet at least
three times in a year.
(3) The Board may for its meetings
co-opt such persons as it deems
fit but a co-opted person shall
not vote on any decision before
the Board.
Section 44—Functions of the Civil
Service Advisory Board.
The functions of the Civil Service
Advisory Board are to advise the
Head of the Civil Service in the
performance of his functions under
this Law.
Section 45—Advisory Committees at
Regional and District Levels.
[Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(d)].
Section 46—Staff Appointment
Advisory Boards.
Regulations may provide for the
establishment of staff appointment
advisory boards in the Service at
the Ministerial, Departmental
Levels.[As amended by Local
Government Service Act, 2003 (Act
656), s.35(1)(e)].
Section 47—Disciplinary Committee.
(1) There shall be established
within the Service, disciplinary
committees which shall be
responsible for promotion of
discipline in such area of
administration as may be
specified.
(2) Regulations may provide for
the membership and operation of
disciplinary committees.
Section 48—Civil Service Committee
on Administrative Reforms.
(1) There is hereby established a
Civil Service Committee on
Administrative Reforms.
(2) The objective of the Committee
is to monitor, guide and sustain
administrative reforms initiative
in the Service.
(3) Regulations shall provide for
the membership and other functions
of the Committee.
Section 49—Other Committees in the
Service.
(1) The Civil Service Council may
by legislative instrument
establish such other statutory
committees as may be necessary for
the effective achievement of the
purpose of this Law.
(2) Without prejudice to
subsection (1) of this section,
the Head of the Civil Service may,
in consultation with the Civil
Service Council, by administrative
instructions establish such
administrative committees as he
considers necessary for the
purposes of this Law.
PART VII—CIVIL SERVICE POSTS
Section 50—Creation of Civil
Service Posts.
(1) Posts in the Civil Service
shall be created by regulations
made under this Law.
(2) Posts created under any other
enactment but designated as civil
service posts shall also be civil
service posts.
(3) Regulations creating posts in
the Civil Service shall specify in
relation to each post the name of
the post, the salary range
attached to the post and the
qualifications for the post.
(4) Regulations shall designate
and specify the categories and
classes of posts in the Ministries
and Departments in the Service.
(5) Regulations designating a post
under this section shall specify
whether the post is a departmental
or a general post.
Section 51—Departmental Posts.
(1) Regulations may provide that
such Departmental posts as may be
specified in the regulations shall
constitute a Department under such
name as may be specified in the
regulations.
(2) Regulations may provide that a
Department or Departments
specified in the regulations
together with such additional
Departmental posts as may be
specified therein, shall
constitute a Department under such
name as may be specified in the
regulations.
PART VIII—FILLING VACANCIES
Section 52—Filling of Vacancies.
A
vacancy in a Civil Service post
shall be filled—
(a) by promotion, that is by
appointing a civil servant who is
to be moved from another grade
with an immediate increase in his
salary;
(b) by transfer within the
Service, that is by appointing a
civil servant who is to be moved
from another grade with no
alteration in his salary;
(c) on reduction in rank, that is
by appointing a civil servant who
is to be moved from another grade
with an immediate reduction in his
salary;
(d) by recruitment, that is by
appointing a person who is not a
civil servant or who would cease
to be a civil servant if the
appointment were not made.
Section 53—Power of Appointment.
The power to appoint persons to
hold or act in an office in the
Civil Service shall vest in the
P.N.D.C.
Section 54—Delegation of Power of
Appointment.
(1) The P.N.D.C. may, subject to
such conditions as he may think
fit, delegate some of its
functions under this section by
directions in writing to the Civil
Service Council or to any member
of that governing Council or to
any public officer.
(2) Where delegation is made under
subsection (1), regulations shall
specify the appointing authority
for the categories of posts in the
Service for which the delegation
of authority to appoint has been
made.
Section 55—Reporting of Vacancies.
Vacancies occurring in all posts
shall be reported to the
appropriate appointing authority
and also to the Office of the Head
of the Civil Service.
Section 56—Qualification for
Appointment.
No person shall be appointed to a
civil service post unless he
possesses the qualifications
approved for entry to that post.
Section 57—Advertisement of Posts
in the Service.
Regulations shall prescribe posts
which shall not be filled unless
there has been public
advertisement and post for which
no public advertisement is
required.
Section 58—Appointment of
Convicted Persons.
No person who has been convicted
of a criminal offence involving
fraud, dishonesty or moral
turpitude shall be employed in a
Civil Service post.
Section 59—Recruitment of Ghanaian
Resident Outside Ghana.
(1) Where a vacancy in such
categories as are prescribed is to
be filled by recruitment of a
Ghanaian resident outside Ghana,
the appointing authority shall
request the Public Services
Commission to advertise the
vacancy in newspapers outside
Ghana and initiate the appropriate
recruitment procedure.
(2) Costs involved in processing
recruitment shall be borne by the
organisation requesting the
recruitment.
(3) The Public Services Commission
shall inform the appropriate
appointing authority of the
results which the appointing
authority may accept or reject.
(4) Where the services of a
Ghanaian resident outside Ghana
are required and he has already
attained the compulsory retiring
age, he may be employed on
contract.
Section 60—Recruitment of
Non-Ghanaian Residents Outside
Ghana.
Regulations shall prescribe the
method for recruitment of
non-Ghanaian residents outside
Ghana and the terms and conditions
applicable to such recruitment.
Section 61—Probation Period.
(1) An appointment by recruitment
to a civil service post shall be
subject to satisfactory service in
that post for a probationary
period of one year.
(2) An appointment by promotion to
a civil service post shall be
subject to satisfactory service in
that post for a trial period of
one year.
Section 62—Posting.
(1) The Head of Civil Service
shall be responsible for the
posting of Administrative
officers, secretarial officers,
personnel officers, executive
officers and other classes of
officers as may be prescribed.
(2) The Head of Civil Service
shall be responsible for posting
of Departmental grade officers in
central government agencies.
(3) [Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(f)].
(4) [Repealed by Local Government
Service Act, 2003 (Act 656),
s.35(1)(f)].
(5) The Head of the Civil Service
may be consulted in any of the
postings made under this section.
Section 63—Engagement of Staff.
(1) Request for the engagement of
civil servants by any central
Government agencies shall have the
prior approval of the Head of the
Civil Service.
(2) Application for approval shall
indicate availability of budgetary
provision for the appointments.
Section 64—Mode of Filling
Vacancies.
(1) A vacancy in a civil service
post shall be filled in accordance
with the relevant scheme of
service, either by promotion,
transfer or recruitment.
(2) Promotions shall be made on
the basis of merit.
(3) A person who to the knowledge
of the appointing authority has
attained the prescribed voluntary
retiring age shall not be
appointed by recruitment except on
a limited engagement.
(4) A person who to the knowledge
of the appointing authority has
previously been dismissed or
removed from any of the Public
Services, shall not be appointed
by recruitment to any post in the
Civil Service without the approval
of the Public Services Commission.
Section 65—Method of Appointment.
(1) Appointments to all civil
service posts shall be made by a
letter of appointment addressed to
the person appointed and signed by
or on behalf of the appointing
authority.
(2) A letter of appointment shall
specify the terms of conditions of
the appointment.
(3) A person not already holding a
civil service post shall not be
appointed to the Civil Service
unless he has been medically
examined and found to be fit to be
so appointed.
Section 66—Limited Engagement.
(1) Where a vacancy in civil
service post is filled by
recruitment the person recruited
may, if the appointing authority
thinks fit, be appointed on a
limited engagement.
(2) The letter of appointment of a
person appointed to a post on a
limited engagement—
(a) shall specify the period of
the engagement; and
(b) may provide that the
provisions of this Law and of any
statutory instrument made under it
shall apply subject to such
modifications as may be set out in
the letter of appointment.
PART IX—CONDITIONS OF SERVICE
Section 67—Conditions of Service.
(1) Regulations or administrative
instructions may provide as
appropriate—
(a) for the determination of the
salary of civil servants:
(b) for the award of increments of
salary, and payment of allowance
and other additional remuneration;
(c) for regulating hours of work;
(d) for granting earned vacation
leave as a right;
(e) for regulating other forms of
leave including leave with or
without pay, sabbatical leave,
maternity leave and casual leave;
(f) for making available to civil
servant, with or without charge,
housing, accommodation, medical
treatment and other facilities;
(g) for the presentation of
petitions; and
(h) for other matters relating to
the conditions of service of civil
servants.
Section 68—Engagement in
Consultancies.
Civil servants may engage in paid
consultancies and other
income-generating activities
subject to such conditions as may
be prescribed by regulations.
Section 69—Civil Servants
Association.
(1) A civil servant may form or
join any association.
(2) A civil servant shall not form
or join an Association where such
membership conflicts with the
performance of his duties as a
civil servant.
Section 70—Health and Safety
Conditions.
Heads of Ministries, departments
shall ensure that in every civil
service premises, reasonable
satisfactory and safety equipment
are provided for the health and
protection of the staff and for
the observance of general
instructions on safety.[As amended
by Local Government Service Act,
2003 (Act 656), s.35(1)(g)].
PART X—LEAVING THE SERVICE
Section 71—Circumstance for
Leaving the Service.
The circumstances under which a
civil servant may leave the
Service are as follows—
(a) on dismissal or removal in
consequence of disciplinary
proceedings;
(b) on compulsory retirement;
(c) on voluntary retirement;
(d) on retirement for medical
reasons;
(e) on resignation in accordance
with such conditions as may be
prescribed;
(f) on the expiry or other
termination of a limited
engagement;
(g) on transfer to approved
employment;
(h) on the abolition of his post;
or
(i)
in the case of a civil servant on
probation, on the making of an
order that he has failed to prove
his competency during the
probation and shall cease to be in
the Service.
Section 72—Compulsory Retirement.
A
person holding a civil service
post shall retire from the Service
on reaching the age of sixty
years; except that this section
does not prevent the appointment
of a person who is more than sixty
years of age on a limited
engagement.
Section 73—Voluntary Retirement.
A
person holding a civil service
post otherwise than on a limited
engagement may retire from the
Service at any time after he
attains the age of forty-five
years.
Section 74—Retirement for Medical
Reasons.
(1) A civil servant shall retire
from the Service if, in accordance
with the prescribed procedure, it
is found that he is incapable by
reason of infirmity of mind or
body of discharging the duties of
his post and that the infirmity is
likely to be permanent.
(2) This section shall not prevent
a civil servant found so incapable
from being moved to a grade to
which his infirmity will not
prevent the discharge of his
duties.
Section 75—Transfer, Secondment to
Approved Employment.
(1) Regulation may provide for the
transfer or secondment of a civil
servant to employment in another
public service or to other
approved employment.
(2) A civil servant may be
transferred at his request.
Section 76—General Definition of
Misconduct.
(1) Any act done by a civil
servant without reasonable cause—
(a) which amounts to a failure to
perform in a proper manner any
duty imposed on him; or
(b) which contravenes any
enactment relating to the Civil
Service; or
(c) which is otherwise prejudicial
to the efficient conduct of the
functions of the Civil Service; or
(d) which tends to bring the Civil
Service into disrepute constitutes
misconduct.
(2) For the avoidance of doubt it
is hereby declared that the
conviction of a civil servant for
any offence involving fraud,
dishonesty or moral turpitude,
tends to bring the Civil Service
into disrepute.
Section 77—Particular Types of
Misconduct.
Without prejudice to the
generality of section 76, it is
misconduct for a civil servant—
(a) to be absent from duty without
leave or reasonable excuse;
(b) to be insubordinate;
(c) to be intoxicated during
office hours;
(d) to use, without the consent of
the prescribed authority, any
property or facilities provided
for the purposes of the Civil
Service for some purpose not
connected with his official
duties;
(e) to engage in any gainful
occupation outside the Civil
Service without the consent of the
prescribed authority;
(f) to engage in any activity
outside his official duties which
is likely to lead to his taking
improper advantage of his position
in the Civil Service;
(g) to fail to submit reports or
information or both as prescribed
under this Law;
(h) to make unauthorised
disclosure of classified and
unclassified official information
or document or both to a private
person or to another public
officer.
Section 78—Penalties.
(1) The following penalties may be
imposed in disciplinary
proceedings under this Part in
respect of misconduct or
unsatisfactory service—
(a) dismissal, that is termination
of appointment with forfeiture of
retirement benefit where
applicable;
(b) removal, that is termination
of appointment with or without a
reduction in retirement benefits
where applicable;
(c) reduction in rank, that is
removal to another grade with an
immediate reduction of salary;
(d) surcharge;
(e) reduction of salary, that is
an immediate adjustment of salary
to a lower point in the salary
scale attached to the post in
question;
(f) deferment of increment, that
is a postponement of the date on
which the next increment is due,
with corresponding postponements
in subsequent years;
(g) stoppage of increment, that is
non-payment for a specified period
of an increment otherwise due;
(h) suspension from duty with
consequent loss of pay and
allowances for a period not
exceeding fourteen days;
(i)
reprimand.
(2) For the purposes of this Law,
dismissal, removal and reduction
in rank are major penalties and
all other penalties are minor
penalties.
Section 79—Disciplinary Authority.
(1) Subject to the provision of
this Law, the Council shall be the
disciplinary authority for all
civil servants.
(2) The Council may delegate its
power under this section as it
considers fit.
Section 80—Proceedings for
Misconduct.
(1) Disciplinary proceedings in
cases of misconduct shall be
either summary or formal.
(2) No major penalty shall be
imposed on an officer in summary
proceedings not arising out of a
conviction.
Section 81—Conduct of Disciplinary
Proceedings.
(1) Regulations shall be made
providing for the conduct of
disciplinary proceedings in cases
of misconduct or unsatisfactory
service.
(2) Regulation made under this
section governing cases of
misconduct shall include
provision—
(a) requiring a written charge to
be preferred in all proceedings;
(b) enabling the accused in formal
proceedings to call appropriate
witnesses;
(c) enabling persons to be
compelled to give evidence or
produce exhibits in formal
proceedings;
(d) specifying that no major
penalty imposed by a disciplinary
authority on a civil servant
holding a post in specified
categories shall take effect
unless confirmed by the Council;
(e) enabling the accused in any
proceeding to appeal against any
decision involving the imposition
of penalty, not being a decision
that requires confirmation by the
Council under paragraph (d) of
this subsection; and
(f) specifying person or bodies to
whom appeals shall lie.
Section 82—Retirement Benefits.
(1) Subject to this Law and any
other law relating to pension, a
civil servant shall on retirement
from the Service or termination of
service, be entitled to such
terminal awards that are for the
time being applicable to him.
(2) Pension payable to any officer
in the service shall be exempted
from tax.
PART XI—MISCELLANEOUS AND
SUPPLEMENTARY PROVISIONS
Section 83—Expenses of the
Service.
The expenses of the Service,
including salaries, allowances,
gratuities and pensions shall be
charged on the Consolidated Fund.
Section 84—Official Language.
The official language of the Civil
Service is English and accordingly
all written and oral
communications, examination
questions and answers and other
transactions in the Civil Service
shall be expressed in that
language.
Section 85—Half-yearly Reports by
Civil Service Organisation.
All civil service organisations
shall submit to the Head of the
Civil Service half yearly reports
relating to—
(a) programme performance;
(b) administrative development;
(c) manpower data; and
(d) any other information as may
be required.
Section 86—Annual Report by Head
of Civil Service.
(1) Within three months after the
31st December each year, the Head
of Civil Service shall prepare an
Annual report giving details of
the administration of the Civil
Service during the preceding
twelve months.
(2) The Annual report shall be
submitted to the Council.
Section 87—Grievance Machinery.
A
civil servant who feels aggrieved
by a decision made on a matter
relating to his conditions of
service shall have recourse to
redress through such machinery as
is for the time available to him.
Section 88—Conflict of Interest.
A
civil servant shall not put
himself in a position where his
personal interests conflict or is
likely to conflict with the
performance of his office.
Section 89—Recognition and Award
System.
(1) There shall be instituted
awards for meritorious performance
in the Civil Service.
(2) Regulations shall provide for
the institution of the meritorious
award system.
Section 90—Declaration of Assets.
A
civil servant who holds the office
of—
(a) head of a Ministry, government
Department or such equivalent
office in the Service; or
(b) an ambassador shall submit to
the auditor-general a written
declaration of all property or
asset owned by, or liabilities
owned by him whether directly or
indirectly on appointment and at
the end of his term of office.
Section 91—Oaths to be Sworn by
Civil Servants.
(1) Persons recruited into the
Civil Service shall swear the oath
of allegiance, oath of secrecy and
the official oath set out in Part
I of the Schedule to this Law.
(2) The oath specified in Part I
of the Schedule and shall be taken
by all civil servants as specified
in column 2 of Part II of the
Schedule and shall be administered
by the authority or person
specified in relation thereto in
column 3.
(3) No civil servant shall be
considered for his first promotion
unless evidence is made available
of his compliance with subsection
(1) of this section.
Section 92—Regulations.
(1) Subject to the other
provisions of this Law, the
President on the advice of the
Public Services Commission and the
Civil Service Council may by
legislative instrument make such
regulations as may be necessary
for the effective implementation
of this Law. [As substituted by
the Civil Service (Amendment) Act,
2001 (Act 600), s.2(a)].
(2) Without prejudice to the
generality of subsection (1) of
this section, regulations may
provide for—
(i)
[Repealed by the Civil Service
(Amendment) Act, 2001 (Act 600),
s.2(b)(i)].
(ii) creation of civil service
posts and conditions attached to
the posts;
(iii) categories of civil service
posts;
(iv) list of departments and
offices that come under the
Service; [As Amended by the Civil
Service (Amendment) Act, 2001 (Act
600), s.2(b) (ii)].
(v) scheme of service;
(vi) matters relating to
Ministerial, Departmental,
Regional and District staff
appointments;
(vii) procedure of disciplinary
committees;
(viii) staff welfare;
(ix) functions of units
established in the Office of the
Head of the Civil Service;
(x) matters relating to acting
appointments;
(xi) appointments of dismissed
public officers;
(xii) promotions generally;
(xiii) posting, transfer,
secondment, and attachments;
(xiv) leave;
(xv) procedure for engagement in
consultancies and income
generating activities by civil
servants;
(xvi) health and safety of staff;
(xvii) training and human
resources development;
(xviii) matters relating to
leaving the service;
(xix) matters relating to
misconduct and penalties;
(xx) disciplinary authority for
specified classes in the Service;
(xxi) disciplinary procedures.
(3) Subject to this Law and the
provisions of any regulations made
under this section, the Head of
the Civil Service may in
consultation with the Civil
Service Council and the Public
Services Commission issue such
administrative instructions as he
considers necessary for the
effective functioning of the
Service.
(4) Without prejudice to the
generality of subsection (3) of
this section administrative
instructions may be issued in
respect of the following—
(a) code of conduct;
(b) office administration;
(c) staff welfare;
(d) mode for implementing
functions;
(e) computerisation;
(f) signing of official letters;
(g) setting up of administrative
committees;
(h) details of functions of any
branch, sector or unit;
(i)
chain of authority in the Service;
(j) overseas training;
(k) movement in the Service;
(l) remuneration; and
(m) general services.
Section 93—Application of Law to
Civil Servant Serving Abroad.
This Law shall apply to civil
servants holding posts in the
Civil Service and serving abroad
subject to such modifications as
may be prescribed by regulation.
Section 94—Interpretation.
In this Law unless the context
otherwise requires—
"approved establishment" means an
establishment in existence by
virtue of an enactment or
establishment approved by
Government and includes approved
employment;
"appropriate or competent
authority" means the person or
organisation designed to take a
final decision under this Law on
any issue or in relation to any
officer in the Service;
"bureaucratic head" includes the
Chief Director in the Ministry,
Head of Department and Secretariat
at the national level, the
Regional Co-ordinating Director
and the District Co-ordinating
Director;
"category" means a group of grades
of the same level and sufficiently
similar in responsibilities,
degree or supervision exercised or
received, experience or skill and
such other attributes as to make
them equal in status;
"class" means a cluster of grades
in the same discipline or
specialization the members of
which relate to common scheme of
service;
"Council" means the Provisional
National Defence Council;
"District Assembly" include
Metropolitan Assembly and
Municipal Assembly;
"functional structure" means the
pattern of job-sharing within the
organization.
"grade" means a series of posts
with the same title and salary or
salary scale;
"organizational structure" means
the pattern of relationship
between the various institutions
within the Service;
"PNDC"
means the Provisional National
Defence Council;
"political head" includes the
sector head of the Ministry, the
PNDC Secretary and PNDC District
Secretary;
"posting" means being shifted from
one's post in one Ministry or
Department to the same post in the
same class in another Ministry or
Department or being moved on
promotion to the next higher grade
in the same class in another
Ministry or Department;
"prescribed" means prescribed by
regulations or administrative
instructions made under this Law;
"previous seniority", in relation
to a civil servant, means his
seniority immediately before he
entered his current post persons
who entered their current posts by
recruitment being treated as
having no previous seniority
except as between two or more such
persons, previous seniority shall
be assessed according to age;
"salary conditions" means the
salary attached to the post, or
where a salary scale is attached
to the post, means the higher
point on the scale;
"secondment" means movement of a
civil servant from the Civil
Service to an approved
establishment outside the Civil
Service;
"seniority data" in relation to a
civil servant, means the date on
which he entered his current post
or, if he has suffered loss of
seniority while holding that post,
means the date on which he is
deemed to have entered the post;
"transfer" means moving from a
civil service post to another post
in an approved employment outside
the Civil Service or moving from a
Departmental post to an analogous
post in another Department within
the Civil Service; and
"vacancy" includes a prospective
vacancy.
Section 95—Repeal and Saving.
(1) The following are hereby
repealed—
Civil Service Act, (C.A. 5);
Civil Service (Disciplinary Code
Regulations) (Revocation) Decree,
1973 (NRCD 197);
Civil Service (Amendment) Decree,
1978 (SMCD 199);
Civil Servant (Amendment) Decree,
1967 (NLCD 134); and
Section 7 of the Constitutional
(Consequential and Transitional
Provisions) Decree, 1979 (AFRCD
56).
(2) Notwithstanding the repeal of
the enactments specified in
subsection (1) of this section,
any regulations, notices, orders,
directions, appointments and all
other acts lawfully made or done
under the repealed enactments and
in force immediately before the
coming into force of this Law
shall until amended, altered,
revoked, cancelled or modified
under this Law, continue in force
as if made under the corresponding
provisions of this Law and with
such modifications as may be
necessary having regard to the
provisions of this Law.
(3) Any administrative structure
or committee in existence by
virtue of an enactment repealed
under subsection (1) and in
existence immediately before the
coming into force of this Law
shall, until re-organised under
this Law continue under this Law
subject to such modifications as
may be necessary.
SCHEDULE
PART I
(Section 91)
OATHS
THE OATH OF ALLEGIANCE
I
..................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will bear true faith and
allegiance to Republic of Ghana as
by law established; that I will
uphold the sovereignty and
integrity of Ghana; and that I
will preserve, protect and defend
the Constitution of the Republic
of Ghana (so help me God).
THE OATH OF SECRECY
I
.....................................
holding office of
.....................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will not directly or indirectly
communicate or reveal to any
person, any matter which shall be
brought under my consideration or
shall come to my knowledge in the
discharge of my official duties
(sic) except as may be required
for my official duties or as may
be required for my official duties
or as may be specially permitted
by law (so help me God).
THE OFFICIAL OATH
I
................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will at all times well and truly
serve the Republic of Ghana in the
office of
................................
and that I will uphold, preserve,
protect and defend the
Constitution of the Republic of
Ghana as by law established, (so
help me God).
PART II
Nature of
Oath Persons
to take Oath
Persons to administer
Oath
Oath of Allegiance
All Civil Servants
Head of State or
the Chief
Justice or other person
designated by the Chief
Justice
Oath of Secrecy
All Civil
Servants Head of
a Ministry or person
authorised by him.
Official Oath All
Civil
Servants
Head of State or other person
designated by him.
Made this 6th day of January,
1993.
JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council.
Date of Gazette Notification: 14th
May, 1993.
amended by
THE CIVIL SERVICE (AMENDMENT) ACT,
2001 (ACT 600).1
THE PRESIDENTIAL OFFICE ACT, 1993
(ACT 463).2
LOCAL GOVERNMENT SERVICE ACT, 2003
(ACT 656).3
|
