|
.
IN exercise of the powers
conferred on the President by
sections 1 and 2 of the Statutory
Corporations Act, 1964 (Act 232)
this Instrument is made this 23rd
day of September, 1971.
PART I—ESTABLISHMENT OF THE FOOD
PRODUCTION CORPORATION
Section 1—Establishment of the
Corporation.
(1) There is hereby established a
body corporate to be known as the
Food Production Corporation,
herein referred to as the
"Corporation".
(2) Where there is any hindrance
to the acquisition of any property
in pursuance of its powers under
section 3 of the Statutory
Corporations Act, 1964 (Act 232)
the property may be acquired under
the State Property and Contracts
Act, 1960 (C.A. 6) or under the
State Lands Act, 1962 (Act 125),
as the case may be, and each such
Act shall, as the case may be,
apply with respect to any such
acquisition with such modification
as may be necessary to provide for
the vesting of the property
acquired thereunder in the
Corporation, and for the cost of
such acquisition to be defrayed by
the Corporation.
PART II—THE OBJECTS OF THE
CORPORATION
Section 2—Objects of the
Corporation.
(1) The objects of the Corporation
shall be to undertake large scale
production of food items including
crops, livestock and poultry,
which shall be processed where
necessary and also marketed.
(2) Without prejudice to the
general effect of the provisions
of sub-paragraph (1) of this
paragraph, the Corporation shall—
(a) engage paid adult workers who
shall also be trained in
scientific agriculture on
self-supporting farms, so as to
enable them eventually to take up
farming on their own;
(b) develop farms as training
grounds where undergraduates newly
appointed agriculturists and other
persons interested in farming may
gain practical experience in
agriculture;
(c) offer facilities for
demonstration of usable
agricultural research findings and
extension of improved practices to
farmers;
(d) carry on such other activities
as may appear to the Corporation
to be conducive or incidental to
the attainment of all or any of
its objects under this Instrument;
PART III—THE BOARD
Section 3—The Board.
(1) The governing body of the
Corporation shall be the Board.
(2) The Board shall consist of the
following members appointed by the
President acting in accordance
with the advice of the Prime
Minister, namely:—
(a) The Chairman,
(b) the Managing Director of the
Corporation,
(c) a representative of the
Ministry of Agriculture,
(d) a representative of the
Agricultural Development Bank,
(e) a representative of the
National Investment Bank,
(f) three other persons who in the
opinion of the Minister have
knowledge and experience likely to
contribute to the successful
management of the Corporation.
Section 4—Qualifications and Terms
of Membership of the Board.
(1) The members of the Board other
than the Managing Director shall
hold office for three years and
shall be eligible for
re-appointment.
(2) Any member of the Board other
than the Managing Director may
resign his membership of the Board
by notice in writing addressed to
the President through the
Minister.
(3) A member of the Board may be
removed from membership of the
Board—
(a) if he is adjudged to be a
person of unsound mind.
(b) if he is absent from three
consecutive meetings of the Board
without permission;
(c) if he is proved guilty of
serious misconduct in relation to
his duties as a member of the
Board;
(d) if he is sentenced to death or
to imprisonment for a term
exceeding 12 months without the
option of a fine or is convicted
of an offence involving
dishonesty;
(e) if he is declared insolvent or
bankrupt under any law in force in
Ghana or in any other country;
(f) if being a person possessed
of professional qualifications, he
is disqualified or suspended,
otherwise than at his own request,
from practising his profession in
Ghana or in any other country by
order of any competent authority
made in respect of him personally;
or
(g) for any other just cause, by
the President acting in accordance
with the advice of the Prime
Minister.
(4) Subject to the provisions of
this Instrument every member of
the Board shall hold office on
such terms and conditions relating
to the payment of remuneration and
allowances as may be determined by
the Government.
(5) Subject to the provisions of
this Instrument, where any Member
of the Board is incapacitated by
absence from Ghana, or illness or
any other sufficient cause from
performing the duties of his
office, the President acting on
the advice of the Prime Minister
shall appoint another person to
hold office in his place until the
incapacity of that person has
terminated or until the term of
office of such member expires,
whichever first occurs.
Section 5—Meetings of the Board.
(1) The Board shall meet for the
discharge of its functions at such
times and places as the Chairman
may appoint, so however, that the
Board shall meet at intervals not
exceeding three months.
(2) The Chairman may, and shall on
the request in writing of not less
than five members of the Board,
call an extraordinary meeting of
the Board at such time and place
as he may determine.
(3) The Chairman, if present,
shall preside at every meeting of
the Board, and in his absence any
member of the Board, designated by
the Chairman shall preside at the
meeting.
(4) If no member of the Board is
so designated the members of the
Board present shall elect one of
their number to preside at the
meeting.
(5) The quorum at any meeting of
the Board shall be four.
(6) All questions proposed at a
meeting of the Board shall be
determined by a simple majority of
the members present and voting and
where the votes are equal the
Chairman or the person presiding
shall have a second or casting
vote.
(7) The Board may, and shall, if
the Minister thinks fit, request
the attendance of any person to
act as adviser at any meeting of
the Board, and that person while
so attending shall have all the
powers of a member except that he
is not to vote on any question and
his presence at the meeting is not
to count towards the constitution
of a quorum.
(8) The validity of any act or
proceedings of the Board shall not
be affected by any vacancy among
its members or any defect in the
appointment of a member thereof.
(9) Subject to the preceding
provisions of this paragraph the
Board may regulate its own
procedure.
PART IV—MANAGEMENT AND STAFF OF
THE CORPORATION
Section 6—Staff.
(1) The Corporation shall have a
Managing Director who shall be
appointed by the President acting
in accordance with the advice of
the Prime Minister.
(2) The Managing Director shall
hold office upon such terms and
conditions as may be specified in
his instrument of appointment.
(3) The Managing Director may
resign his office by notice in
writing addressed to the Prime
Minister, and may be removed from
office by the President acting in
accordance with the advice of the
Prime Minister.
(4) The Corporation shall have
such employees as may be necessary
for the efficient discharge of its
functions under this Instrument.
(5) Subject to the other
provisions of this paragraph, the
employees of the Corporation shall
hold office upon such terms and
conditions as the Board may with
the prior approval of the Minister
determine.
(6) Public officers may be
transferred or seconded to the
Corporation upon such terms and
conditions as the Board may, in
consultation with the Minister,
determine.
(7) The Board may also engage the
services of such consultants,
advisers and other persons and
upon such conditions as the Board
may, in consultation with the
Minister, determine.
(8) Subject to any delegation
effected under clause (2) of
article 140 of the Constitution,
and subject also to the other
provisions of the Constitution,
the employees of the Corporation
shall be appointed by the
President acting in accordance
with the advice of the Public
Services Commission.
PART V—FINANCIAL PROVISIONS
Section 7—Funds of the
Corporation.
(1) The capital and other funds of
the Board shall consist of—
(a) any grants received from the
Government by the Board for the
discharge of its functions;
(b) any loans granted to the Board
by the Government or any other
body or persons;
(c) any money accruing to the
Board in the course of the
performance of its functions under
this Instrument.
(2) The Board may, with the prior
approval of the Minister
responsible for Finance, borrow
from any banking institution,
Corporation, local authority or
other person such amounts as it
may require for the discharge of
its functions.
(3) All moneys received by or on
behalf of the Corporation, shall
be deposited to the credit of the
Corporation in a bank approved by
the Board.
Section 8—Accounts.
(1) The Board shall in such form
as the Auditor-General may
approve, keep proper books of
accounts and proper records in
relation the thereto.
(2) The financial year of the
Board shall end on the 31st day of
March in each year, and for the
purposes of this paragraph the
period extending from the
commencement of this Instrument to
the 31st March, 1972 shall be
deemed to be a financial year.
(3) The Managing Director shall
prepare the budget estimates for
any new financial year and present
such estimates to the Board for
its approval not later than two
months before the end of the
preceding financial year of the
Board.
Section 9—Audit.
(1) Accounts prepared under
paragraph 8 of this Instrument
shall be submitted annually to the
Auditor-General by the Board and
the Auditor-General shall cause
the accounts to be audited as
required by article 135 of the
Constitution.
(2) The Board shall, not later
than the 31st day of July
immediately succeeding the end of
the previous financial year,
forward to the Minister a report
of its activities during the
preceding financial year together
with an audited statement of
accounts in respect of that year.
(3) The Minister shall cause
copies of the said report and
audited statement, as soon as may
be practicable upon receipt
thereof, to be laid before
Parliament.
Section 10—Minister's Power of
Direction.
The Minister may give general
directions in writing to the
Corporation on matters of policy
and the Corporation shall be bound
to comply with such directions.
Section 11—Exemption from Taxes.
The Corporation shall be exempted
from payment of such taxes and
duties as the Minister responsible
for Finance may in writing direct.
Section 12—Bye-laws or Other
Instruments.
The Board may subject to the prior
approval of the Minister make
bye-laws or other instruments for
the purpose of carrying into
effect the provisions and
principles of this Instrument and
for regulating any matter falling
within the scope of the functions
of the Corporation.
Section 13—Interpretation.
In this Instrument, unless the
context otherwise requires—
"Minister" means Minister
responsible for Agriculture.
E. AKUFO-ADDO
President
Date of Gazette Notification: 8th
November, 1971.
|
