ACTS OF GHANA

COUNCIL OF INDIGENOUS BUSINESS ASSOCIATIONS LAW, 1993  (PNDCL 312)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of Council.

2. Composition of the Council.

3. Functions of the Council.

4. Associations to be Registered with the Council.

5. Executive Committee of the Council.

6. Executive Secretary and Regional Treasurer.

7. National, Regional and District Offices.

8. District Branches.

9. Functions of Regional and District Branches.

10. Funds.

11. Financial Year of Council.

12. Accounts, Audit and Annual Reports.

13. Regulations.

14. Interpretation.

SCHEDULE

Schedule

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1—Establishment of Council.

There is hereby established a body to be known as the Council of Indigenous Business Associations, in this Law referred to as "the Council".

Section 2—Composition of the Council.

(1) The Council shall consist of—

(a) two representatives of each Association registered with the Council;

(b) a representative of the Ministry of Mobilization and Social Welfare; and

(c) the Executive Secretary and National Treasurer of the Council appointed under section 6 of this Law.

(2) The Council shall have a Chairman who shall be elected by the members of the Council from among their number.

(3) The Chairman and other members of the Council shall hold office for a period of four years and shall be eligible on the expiration of their term of office for re-appointment.

(4) The Council shall meet annually to consider—

(a) reports and activities of the Executive Committee; and

(b) the audited accounts of the Council.

(5) The quorum for a meeting of the Council shall be one-third of the members.

Section 3—Functions of the Council.

The Council shall have the following functions to—

(a) register applicants under this Law;

(b) monitor the operations of the registered associations with a view to recommending improvements;

(c) foster harmony and understanding among member associations;

(d) provide such information and advice on matters relating to the interests of member associations as they may request;

(e) act as the representative of member associations in any negotiations with the Government.

Section 4—Associations to be Registered with the Council.

(1) The associations specified in the Schedule to this Law shall be registered with the Council.

(2) There shall also be registered with the Council such associations of Ghanaian indigenous business as the Secretary may approve.

(3) Application for registration shall be made in such form as the Council may after consultation with the Secretary direct.

(4) The Council shall on the registration of the association under this Law, issue it with a certificate of registration.

(5) There shall be paid in respect of each registration such fee as the Secretary may prescribe.

Section 5—Executive Committee of the Council.

(1) The Council shall have an Executive Committee composed of the following persons—

(a) the Chairman of the Council who shall be the chairman of the Executive Committee;

(b) the Executive Secretary;

(c) the National Treasurer; and

(d) three other members of the Council appointed by the Council from among their number.

(2) A member of the Executive Committee shall upon ceasing to be a member of the Council cease to be a member of the Executive Committee.

(3) The Executive Committee shall meet at such times and places as the Chairman may determine but shall meet at least once in every two months.

(4) The Executive Committee shall in between meetings of the Council, perform for and on behalf of the Council the functions of the Council under this Law.

(5) Notwithstanding any provision in this section, the Council may appoint from its membership such other Committees as it considers necessary and may assign to such Committees such specific functions as the Council may determine.

Section 6—Executive Secretary and Regional Treasurer.

(1) There shall be appointed by the Secretary in consultation with the Council an Executive Secretary of the Council.

(2) The Executive Secretary shall under the direction of the Executive Committee be responsible for the day to day administration of the business and affairs of the Council.

(3) The Council shall have a national treasurer who shall be appointed by the Secretary in consultation with the Council.

(4) The appointment of the Executive Secretary and the national treasurer shall be made on such terms and conditions as the Secretary in consultation with the Public Services Commission shall determine.

Section 7—National, Regional and District Offices.

(1) The national offices of the Council shall be in Accra.

(2) There shall be established in each Region of Ghana a branch office of the Council.

(3) A regional branch of the Council shall be composed of two representatives of each association registered with the national office and a representative of the Regional Administration.

Section 8—District Branches.

(1) There shall be established in each District, a District branch of the Council.

(2) The membership of a District branch of the Council shall be determined by the Council in consultation with the Secretary and shall include a representative of the District Assembly.

Section 9—Functions of Regional and District Branches.

Regional and district branches of the Council shall perform such functions of the Council as the Council may direct.

Section 10—Funds.

The funds of the Council shall include—

(a) licence fees;

(b) such grants as Government may provide; and

(c) donations.

Section 11—Financial Year of Council.

The financial year of the Council shall be the same as the financial year of the Government.

Section 12—Accounts, Audit and Annual Reports.

(1) The Council shall keep proper accounts and records and the account books and records shall be in a form approved by the Auditor-General.

(2) The accounts of the Council shall be audited each year by the Auditor-General or an auditor approved by him.

(3) The Council shall furnish the Secretary with its annual reports and a copy of the auditors report.

Section 13—Regulations.

The Secretary may by legislative instrument make regulations—

(a) to prescribe the licence fee to be paid by an association; and

(b) to provide generally for the effective implementation of this Law.

Section 14—Interpretation.

In this Law "Secretary" means the P.N.D.C. Secretary responsible for Mobilization and Social Welfare.

SCHEDULE

(Section 4)

Ghana National Association of Garages

National Drinking Bar-Operators Association

Ghana Hairdressers and Beauticians Association

Ghana National Tailors and Dressmakers Association

Ghana Co-operative Bakers Association

Federation of Ghanaian Jewellers

National Association of Refrigeration Mechanics

National Association of Traditional Healers

Federation of Market Women

Ghana National Traditional Caterers Association

Made this 5th day of January, 1993.

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 12th February, 1993.

PROVISIONAL NATIONAL DEFENCE COUNCIL (INDEMNITY) LAW, 1993 (PNDCL 313)

ARRANGEMENT OF SECTIONS

Section

1. Indemnity for Acts in Connection with the Government.

2. Indemnity for Acts done under Laws, Etc.

3. Ex-Gratia Awards.

4. Commencement.

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1—Indemnity for Acts in Connection with the Government.

It shall not be lawful for any court to entertain any action whatsoever or take any decision or make any order or grant any remedy or relief whatsoever, in any proceedings instituted against—

(a) the Republic; or

(b) the Provisional National Defence Council;

(c) any person acting under the authority of the Council on or after the commencement of this Law; or

(d) any member of the Armed Forces, the Police Service, the Committee for the Defence of the Revolution or a member of any revolutionary organ by whatever named called; or

(e) any person acting under the authority of the Commander-in-Chief or the Inspector-General of Police or a person authorised by the Council in the course of his duties on or after the commencement of this Law; or

(f) any person or persons acting in concert or individually to assist or bring about the change in government which took place on the 31st day of December, 1981;

in respect of any act or omission in connection with  or consequent upon—

(i) the overthrow of the government in power before the establishment of the Provisional National Defence Council;

(ii) the suspension and abrogation of the 1979 Constitution;

(iii) the establishment of the Provisional National Defence Council; or

(iv) any arrest, injury, detention, or disposal of the property of Ministers, party activists of the government in power before the establishment of the Provisional National Defence Council.

Section 2—Indemnity for Acts Done Under Laws, Etc.

(1) It shall not be lawful for any court to entertain any action in any civil proceedings against the Republic, the Provisional National Defence Council, any member of the Armed Forces, of Police Service, the Committee for the Defence of the Revolution or any other person, in respect of any act or done or purported to have been done in pursuance of any Law of the Provisional National Defence Council or any other enactment.

(2) Any contempt proceeding pending before any court on the 6th day of January to which subsection (1) of this section applies is hereby abated.

Section 3—Ex-Gratia Awards.

Notwithstanding anything in this law the P.N.D.C. may grant ex-gratia awards to persons affected by this law or such other persons as it may deem fit.

Section 4—Commencement.

This law shall be deemed to have come into force on the 31st day of December, 1981.

Made this 6th day of January, 1993.

FLT. -LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 12th February, 1993.