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             ACTS OF GHANA

                                                                    

                     FOURTH   REPUBLIC

 

Centre for Urban Transportation Act, 2010      ACT 799

Establishment, Object and Functions of the Centre

1.Establishment of the Centre for Urban Transportation

2.Object of the Centre

3.Functions of the Centre

4.Governing Body of the Centre

5.Functions of the Board

6.Tenure of Office

7.Meetings of the Board

8.Disclosure of interest

9.Establishment of Committees

10.Allowances

Administration and Finance

11.Administration and Divisions of the Centre

12.Ministerial responsibility and directives

13.Chief Executive Officer

14.Functions of the Chief Executive Officer

15.Performance Contracts

16.Secretary of the Centre

17.Appointment of other staff

18.Funds of the Centre

19.Accounts and Audit

20.Annual report and other reports

21.Regulations

22.Interpretation

23.Transitional Provision

24. 

25. 

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: 31st May. 2010.

PASSED by Parliament and assented to by the President:

Establishment, Object and Functions of the Centre

 Establishment of the Centre for Urban Transportation

1. (l) 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 (CA. 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;

(j) 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 environrnentally sustainable modes of transport and lowering of transport related Green House Gas emissions along transport corridors and urban areas;

(z) 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 recommendation 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;

(11) 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 transportation or municipal engineering from the private sector;

(f) one person representing urban transport operators, selected in consultation with urban transp0l1 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.

 

Meetings of the Board

7. (1) The Board shall meet at least once every three months for the despatch of business at the times and places determined by the chairper­son.

(2) The chairperson shall at the request in writing of not less than one third of the membership of the Board, within 7 days, convene an extraordinary meeting of the Board at the place and time determined by the chairperson.

(3) The quorum at a meeting of the Board is seven members of the Board or a greater number determine by the Board in respect of an important matter.

(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside.

(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote.

(6) The Board may co-opt a person to attend a Board meeting but that person shall have no voting right.

(7) The proceedings of the board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.

(8) Subject to this section, the Board may determine the procedure for the meetings of the Board.

Disclosure of interest

8. (1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature ~f that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.

(2) A member who contravenes subsection (1) ceases to be a member

Establishment of Committees

9. (1) The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

(2) A committee of the Board may be chaired by a member of the Board.

(3) Section 8 applies to members of committees of the Board.

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 for 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 of 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.

(4) The financial year of the Centre is the same as the financial year of the Government.

Annual report and other reports

20. (1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Centre for the year to which the report relates.

 (2) The annual report shall include the audited Accounts of the Centre.

(3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.

(4) The Board shall also submit to the Minister any other reports which the Minister may require in writing.

Miscellaneous Matters

Regulations

21. The Minister may by Legislative Instrument make Regulations for the effective implementation of this Act.

Interpretation

22. In this Act, unless the context otherwise requires

"Board" means the governing body of the Centre provided under section 4;

"Centre" means the Centre for Urban Transportation established under section 1;

"Chief Executive Officer" means Chief Executive Officer of the Centre appointed under section 14;

"District Assemblies" means district, municipal and metropolitan assemblies created pursuant to the Local Government Act, 1993 (Act 462);

Transitional Provision

23. The Centre shall take over the responsibilities, roles and obliga­tions of the Project Advisory Office of the Ghana Urban Transport Project under the Department of Urban Roads.

                     

                                                                                                                                 

 

 

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