ACTS OF GHANA

GHANA ACADEMY OF ARTS AND SCIENCES DECREE, 1968, (NLCD 291)

As amended

ARRANGEMENT OF PARAGRAPHS

Paragraph

I—ESTABLISHMENT OF THE ACADEMY

1. Ghana Academy of Arts and Sciences

2. Objects of the Academy

II—THE COUNCIL OF THE ACADEMY

3. The Council of the Academy

4. Terms of Office

5. Management of the Academy's affairs and concerns

6. Filling of casual vacancies on the Council

7. Meetings and Proceedings of the Council

III—PROVISIONS RELATING TO FELLOWS AND GENERAL MEETING OF FELLOWS

8. Fellows of the Academy

9. Election of Fellows

10. Honorary Fellows

11. Register of Fellows of the Academy

12. Privileges, etc., of Fellows and honorary Fellows

13. Striking off the register

14. General Meetings of Fellows and Proceedings

15. Provisions relating to elections by General Meetings of Fellows

IV—SECTIONS OF THE ACADEMY

16. Establishment of sections

17. Assignment of Fellows to the sections

18. Functions of sections

19. Chairmen of sections

20. Meetings and other proceedings of a section

21. Annual Report of sections

V—ELECTION AND DUTIES, ETC., OF THE PRINCIPAL OFFICERS

22. Elections of principal officers

23. Terms of office of the principal officers

24. General duties of President and Vice-Presidents

25. Functions of the Secretary

26. Functions of the Treasurer

VI—ADMINISTRATION OF THE ACADEMY

27. Secretariat

28. Staff

VII—FINANCE

29. Funds of the Academy

30. Income and property of the Academy

31. Remuneration

32. Accounts and audit

VIII—MISCELLANEOUS

33. Bye-laws

34. Transitional provisions

35. Tax and rates exemptions

36. Revocation and dissolution

In pursuance of the Proclamation entitled "Proclamation for the constitution of a National Liberation Council for the administration of Ghana and for other matters connected therewith", published in Gazette No.11 of Monday, 28th February, 1966, this Decree is hereby made:—

I—ESTABLISHMENT OF THE ACADEMY

Paragraph 1—Ghana Academy of Arts and Sciences.

(1) There is hereby established a body corporate to be known as the Ghana Academy of Arts and Sciences (hereinafter referred to as the "Academy").

(2) The Academy shall have perpetual succession and a common seal and may sue and be sued in its own name.

Paragraph 2—Objects of the Academy.

The objects of the Academy are:

(a) to promote the study, extension and dissemination of knowledge of the arts and sciences;

(b) to establish and maintain proper standards of endeavour in all fields of the arts and sciences;

(c) to recognise outstanding contributions to the advancement of the arts and sciences in Ghana; and

(d) to do such other things as are conducive or incidental to the attainment of all or any of the foregoing objects.

II—THE COUNCIL OF THE ACADEMY

Paragraph 3—The Council of the Academy.

The Council of the Academy (hereinafter referred to as "the Council") shall be established as the governing body of the Academy.

The Council shall consist of:—

(a) the principal officers of the Academy, namely, the President and Vice-Presidents of the Academy, the secretary and treasurer of the Academy (hereinafter referred to respectively as the "President", "Vice-Presidents", "Secretary" and "Treasurer"); and

(b) not less than four nor more than six other persons elected by a General Meeting of Fellows of the Academy (hereinafter referred to as "a General Meeting of Fellows") from among the Fellows of the Academy.

Paragraph 4—Terms of Office.

(1) Every member of the Council who is not an ex officio member shall hold office for a terms of two years but shall be eligible for re-election.

(2) Every such member may by writing under his hand addressed to the President of the Academy resign his office.

Paragraph 5—Management of the Academy's Affairs and Concerns.

The Council shall, subject to any other provision of this Decree, be responsible for the sole management of the affairs and concerns of the Academy.

Paragraph 6—Filling of Casual Vacancies of the Council.

If a member of the Council is unable to act in any case a replacement may be elected, in the same manner as in the case of the member unable to act, for the remainder of such member's term of office.

Paragraph 7—Meetings and Proceedings of the Council.

(1) The Council shall ordinarily meet at such times and places as the Council may appoint but shall meet at least once in every three months.

(2) The President may, and shall on the request in writing signed by not less than five Fellows of the Academy specifying the business to be transacted, call a special meeting of the Council at such time (which shall not in any case be later than 20 days after the receipt of a request as aforesaid) and place as the President may appoint.

(3) The President shall preside at every meeting of the Council, and in his absence any one of the Vice-Presidents appointed by the members present shall preside at the meeting. In the absence of any of the Vice-Presidents the members present may appoint one of their number to preside.

(4) At any meeting of the Council one half of the total number of members thereof shall form a quorum. The "total number of members", for the purposes of this sub-paragraph, shall in the case of an odd number be such odd number less one.

(5) Questions proposed at any meeting of the Council shall be determined by a simple majority of the members present thereat and voting and where the votes are equal the person presiding shall have a second or casting vote.

(6) All decisions of the Council shall be notified to a General Meeting of Fellows as soon as practicable.

(7) No proceedings of the Council shall be invalidated by any vacancy among the members thereof or by any defect in the appointment of any such member.

III—PROVISIONS RELATING TO FELLOWS AND GENERAL MEETING OF FELLOWS

Paragraph 8—Fellows of the Academy.

The Fellows of the Academy (hereinafter referred to as "Fellows") shall consist of:—

(a) all persons who immediately before the commencement of this Decree were Fellows of the Ghana Academy of Sciences established by the Ghana Academy of Sciences Instrument, 1963 (EI 5); and

(b) persons elected Fellows under the provisions of this Decree.

Paragraph 9—Election of Fellows.

(1) Any citizen of Ghana or any person resident in Ghana who, in the opinion of the Council, has made a significant contribution to any branch of the arts or sciences may be elected a Fellow by a General Meeting of Fellows called by the President for that purpose. At least two General Meetings of Fellows shall be called by the President in every year for the election of Fellows.

(2) A decision of the Council that a person is qualified for election as a Fellow shall not have effect if more than two members of the Council voted against the decision.

Paragraph 10—Honorary Fellows.

(1) Any person of eminence in the arts or sciences, other than a citizen of Ghana or a person resident in Ghana, who has contributed significantly to the extension of the arts or sciences may be elected an honorary Fellow by the Council.

(2) The number of honorary Fellows elected in any one year shall not exceed two.

(3) No honorary Fellow shall be entitled to participate in the election of Fellows.

Paragraph 11—Register of Fellows of the Academy.

The Secretary shall keep a register of Fellows and honorary Fellows (hereinafter referred to as "the register") in which shall be entered the name, address and the date of election of every Fellow and honorary Fellow and such other particulars as the Council may determine.

Paragraph 12—Privileges, etc., of Fellows and Honorary Fellows.

Subject to the provisions of this Decree, the rights, privileges, obligations and precedence within the Academy of Fellows and honorary Fellows shall be such as may be prescribed by the bye-laws of the Academy.

Paragraph 13—Striking off the Register.

(1) Subject to the following sub-paragraphs of this paragraph, a Fellow or an honorary Fellow shall have his name struck off the register—

(a) where he resigns by writing under his hand addressed to the Council; or

(b) where the Council by ballot of its members passes a resolution stating that in the Council's opinion the Fellow has been guilty of conduct unbecoming of a Fellow and the resolution is approved in accordance with sub-paragraph (3) of this paragraph by a General Meeting of Fellows.

(2) No such resolution shall be submitted to the Council unless and until the Fellow concerned has first been informed in writing of the conduct alleged against him and he is given a reasonable opportunity to show cause why his name should not be struck off the register.

(3) No such resolution shall be approved by a General Meeting of Fellows unless and until it is laid before the General Meeting of Fellows and is approved by a ballot of the General Meeting of Fellows in the manner prescribed by the bye-laws of the Academy.

Paragraph 14—General Meetings of Fellows and Proceedings.

(1) A General Meeting of Fellows shall ordinarily be called by the President at such times and places as the President may appoint but the President shall call a General Meeting of Fellows at least once in every six months.

(2) The President may, and shall on the request in writing signed by not less than five Fellows specifying the business to be transacted, call a special General Meeting of Fellows at such time (which shall not in any case be later than 20 days after the receipt of a request as aforesaid) and place as the President may appoint. 

(3) The President shall preside at every General Meeting of Fellows and in his absence any one of the Vice-Presidents appointed by the Fellows present shall preside. In the absence of any of the Vice-Presidents the Fellows present may appoint one of their number to preside.

(4) At every General Meeting of Fellows one-third of the total number of Fellows resident in Ghana shall form a quorum. For the purposes of this sub-paragraph "one-third of the total number of Fellows resident in Ghana" shall be one-third of such number less the fraction of one-third but including the fraction of two-thirds which shall, for the said purposes be reckoned as one.

(5) Subject to paragraph 15 of this Decree questions proposed at a General Meeting of Fellows shall be determined by a simple majority of the Fellows present thereat and voting and where the votes are equal, the person presiding shall have a second or casting vote.

(6) No proceedings of a General Meeting of Fellows shall be invalidated by any vacancy among the Fellows or by any defect in the election of a Fellow.

Paragraph 15—Provisions relating to Elections by General Meetings of Fellows.

(1) The election of new Fellows shall be by a General Meeting of Fellows voting in person or by post or proxy:

Provided that the number of persons so voting shall not be less than two-thirds of the total number of Fellows resident in Ghana.

(2) The election of any person shall not have effect if more than one-fifth of the number of   Fellows voting either in person or by post or proxy vote against his election.

(3) For the purposes of sub-paragraph (2) of this paragraph "one-fifth of the number of Fellows voting either in person or by post or proxy" shall be one-fifth of such number less all fractions except fractions of three-fifths or more which shall for the said purposes be reckoned as one. [As substituted by the Ghana Academy of Arts and Sciences (Amendment) Act, 1971 (Act 392) s. (a)]

IV—SECTIONS OF THE ACADEMY

Paragraph 16—Establishment of Sections.

There shall be established under the Academy any number of sections covering such distinct fields of study as the Council shall determine.

Paragraph 17—Assignment of Fellows to the Sections.

The Council shall with the consent of a Fellow assign him to one or more sections.

Paragraph 18—Functions of Sections.

Every section shall concern itself with the pure and fundamental aspects of its field of study and with the pursuit, encouragement and dissemination of knowledge relating thereto. A section shall in addition to the foregoing:—

(a) advise the Council or any of the principal officers on any matter concerning or falling within the section's field of study which the Council or a principal officer may refer to the section for advice; and

(b) where it thinks fit, of its own accord offer suggestions or advice to the Council or to any of the principal officers on any matter as aforesaid.

Paragraph 19—Chairmen of Sections.

(1) A section shall have as Chairman one of the Vice-Presidents assigned to it by the Council so, however, that where no Vice-President is assigned to a section the Fellows assigned to that section shall elect one of their number as Chairman.

(2) Every such Chairman shall hold office for two years and shall be eligible for reassignment or re-election. [As substituted by  the Ghana Academy of Arts and Sciences (Amendment) Act, 1971 (Act 392), s. (b) ]

Paragraph 20—Meetings and Other Proceedings of a Section.

(1) Meetings and other proceedings of a section shall subject to the provisions of this Decree be regulated in accordance with rules made in that behalf by the section and approved by the Council.

(2) A section may with the approval of the Council co-opt any person who is not a Fellow to attend meetings of the section for a period not exceeding one year but any such person shall not be entitled to vote on any matter for decision by the Council. The section may renew its invitation to any such person for further successive periods of one year.

Paragraph 21—Annual Report of Sections.

(1) Every section shall once in every year and at such time and in such form as the Council may determine submit to the Council a report of its activities during the preceding year and a statement of its programme of activities for the year following.

V—ELECTION AND DUTIES, ETC., OF THE PRINCIPAL OFFICERS

Paragraph 22—Elections of Principal Officers.

The principal officers shall be elected by a General Meeting of Fellows called for the purpose.

Paragraph 23—Terms of Office of the Principal Officers.

The principal officers shall be elected for a term of two years but shall be eligible for re-election except that the President shall not hold office as President for more than two successive terms.

Paragraph 24—General Duties of President and Vice-Presidents.

(1) Subject to this Decree, the President shall be the head of the Academy and shall exercise a general supervision over the affairs of the Academy.

(2) The Vice-Presidents shall generally assist the President in the discharge of his duties.

Paragraph 25—Functions of the Secretary.

The Secretary shall exercise such functions as the Council may assign to him but he shall in particular be responsible for:—

(a) recording the proceedings of the General Meetings of Fellows and of the meetings of the Council,

(b) the conduct of the Academy's correspondence,

(c) the custody of the Academy's records, and

(d) the publications of the Academy or of any organs of the Academy.

Paragraph 26—Functions of the Treasurer.

The Treasurer shall exercise such functions as the Council may assign to him but he shall in particular be responsible for:—

(a) the receipt and payments into a banking account of the Academy of all moneys of the Academy,

(b) the keeping of proper accounts of such receipt and payments, and

(c) the custody of the books of account, securities and other property of the Academy.

VI—ADMINISTRATION OF THE ACADEMY

Paragraph 27—Secretariat.

The administration of the Academy's affairs shall be the responsibility of a Secretariat which shall be headed by the Secretary.

Paragraph 28—Staff.

(1) The Council may appoint, upon such terms and conditions as the Council thinks fit, such persons as may be required for the proper and efficient discharge of the Academy's functions.

(2) Public Officers may be transferred or seconded to the Academy or otherwise give assistance thereto.

(3) The Council may grant, subject to the provisions of the Social Security Act, 1965 (Act 279) and in accordance with rules made in that behalf by the Council, pensions, allowances, gratuities or retiring awards to employees of the Academy and may require them to contribute to any pension, provident fund or superannuation scheme.

VII—FINANCE

Paragraph 29—Funds of the Academy.

(1) The Funds of the Academy shall include—

(a) any grants received from the Government by the Academy for the discharge of its functions, such grants being charged upon the Consolidated Fund;

(b) any loans granted to the Academy by the Government or any banking institution;

(c) any moneys accruing to the Academy in the course of the performance of its functions under this Decree; and

(d) gifts.

(2) All moneys received by the Academy shall be deposited to the credit of the Academy in a bank approved by the Council.

Paragraph 30—Income and Property of the Academy.

(1) The income and property of the Academy shall be applied exclusively towards the promotion of the objects of the Academy under this Decree and subject to sub-paragraph (2) of this paragraph no part of this income and property shall be paid or transferred directly or indirectly, by way of dividend, bonus or profit to any Fellow or to any member of the Council.

(2) Nothing in the preceding sub-paragraph shall prevent:—

(a) the payment in good faith of reasonable and proper remuneration to any officer or employee of the Academy in return for services rendered by such officer or employee to the Academy;

(b) the payment of interest at a reasonable rate on money lent to the Academy by the Government or a banking institution, or reasonable and proper rent for premises let, to the Academy;

(c) the gratuitous distribution among, or sale at a discount to, Fellows of books or publications (whether or not published by the Academy) relating to the objects of the Academy;

(d) any Fellow from the benefit of any fellowship, grant, scholarship or bursary set up in furtherance of any of the objects of the Academy.

Paragraph 31—Remuneration.

(1) The Council may, subject to the provisions of this Decree, pay to the members of the Council and to Fellows such travelling and other allowances out of the funds of the Academy as the Council may determine.

(2) No member of the Council shall be appointed to a salaried office of the Academy.

Paragraph 32—Accounts and Audit.

(1) The Council shall keep proper books of account and prepare proper records in relation thereto.

(2) The Council shall prepare in respect of each financial year a statement of account which shall include—

(a) a balance sheet, a statement of income and expense and a statement of surplus containing such information as, had the Council been a company registered under the Companies Code, 1963 (Act 179) would be required to be laid before the company by the directors at an annual meeting; and

(b) such other information in respect of the financial affairs of the Academy as a General Meeting of Fellows may require.

(3) The Council shall, within six months after the end of each financial year, submit the annual report to the General Meeting of Fellows which shall include the statement of account mentioned in the immediately preceding paragraph.

(4) The Council shall submit to a General Meeting of Fellows such other reports of the financial affairs of the Academy as that meeting may from time to time require.

(5) The books and accounts of the Academy shall be audited each year by the Auditor-General or by an auditor appointed by him.

(6) The Auditor-General shall, within five months after the end of the financial year, forward to the Council a copy of the audited accounts and his report thereon.

(7) The Auditor-General shall report annually to the Council the results of his examination of the accounts of the Academy and the report shall state whether in his opinion—

(a) proper books of accounts have been kept by the Council;

(b) the financial statement of the Council,

(i) was prepared on a basis consistent with that of the preceding year and is in agreement with the books of accounts;

(ii) in the case of balance sheets, gives a true and fair view of the state of the Academy's affairs as at the end of the financial year;

(iii) in the case the revenue or income and expenditure, gives a true and fair view of the income and expenditure or profit and loss account of the Academy for the financial year,

and the Auditor-General shall call the attention of the Council to any other matter falling within the scope of his examination which in his opinion should be brought to the attention of the General Meeting of Fellows.

(8) The Auditor-General shall from time to time make to the Council such other reports as he may deem necessary or as the Council may require.

(9) The annual report of the Auditor-General shall be included in the annual report of the Academy.

(10) The Council shall as soon as practicable cause to be laid before a General Meeting of Fellows a copy of the audited accounts and the Auditor-General's report thereon. A copy of the audited accounts shall likewise be submitted to the Commissioner responsible for Finance.

(11) For the purposes of this paragraph "financial year" shall mean the financial year of the Government.

VIII—MISCELLANEOUS

Paragraph 33—Bye-laws.

A General Meeting of Fellows may make bye-laws or other instruments not inconsistent with this Decree for the purpose of regulating the Academy's business or any matter falling within the scope of the Academy's functions.

Paragraph 34—Transitional Provisions.

Until immediately before the first General Meeting of Fellows the functions of the Council under this Decree shall be exercised by an interim council consisting of such persons as the Fellows may appoint.

Paragraph 35—Tax and Rates exemptions.

The Academy shall be exempted from any tax imposed under the Income Tax Decree, 1966 (NLCD 78) and from any rates imposed under the Local Government Act, 1961(Act 54).

Paragraph 36—Revocation and Dissolution.

The Ghana Academy of Sciences Instrument, 1963 (EI 5) is hereby revoked and the Ghana Academy of Sciences established under the instrument is hereby dissolved.

Made this 10th day of October, 1968.

LT.-GEN. J. A. ANKRAH

Chairman of the National Liberation Council.

Date of Gazette Notification: 11th October, 1968.

amended by

GHANA ACADEMY OF ARTS AND SCIENCES (AMENDMENT) ACT, 1971 (ACT 392)1