|
GHANA AIDS COMMISSION ACT, 2002
(ACT 613)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT, OBJECT AND
FUNCTIONS OF THE GHANA AIDS
COMMISSION
1. Establishment of the
Commission
2. Object and functions of the
Commission
3. Membership of the Commission
4. Tenure of office of members
5. Meetings of the Commission
6. Disclosure of interest
7. Appointment of committees
8. Allowances
9. Regional and district offices
of the Commission
PART II—ORGANISATION AND
ADMINISTRATION OF COMMISSION
10. Director-General
11. Divisions and Directors of
the Divisions
12. Secretary to the Commission
13. Other Staff of the Commission
14. Delegation of appointment
15. Funds of the Commission
16. Accounts and audit
17. Annual report and other
reports
18. Regulations
19. Interpretation
THE SIX HUNDRED AND THIRTEENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE GHANA AIDS COMMISSION ACT,
2002
AN ACT to establish a Commission
to formulate a national HIV/AIDS
policy; to develop programmes for
the implementation of the policy
and direct and co-ordinate the
programmes and activities in the
fight against HIV/AIDS and to
provide for related purposes.
DATE OF ASSENT: 16th January,
2002
BE IT ENACTED by Parliament as
follows:
PART I—ESTABLISHMENT, OBJECT AND
FUNCTIONS OF THE GHANA AIDS
COMMISSION
Section 1—Establishment of the
Commission
(1) There is established by this
Act a Commission to be known as
the Ghana AIDS Commission.
(2) The Commission shall have
perpetual succession, a common
seal and may sue and be sued in
its own name.
(3) The Commission may for the
discharge of its functions acquire
and hold any movable or immovable
property and enter into any
contract or other transaction.
(4) The Commission shall operate
under the Office of the President.
Section 2—Object and Functions of
the Commission
(1) The object of the Commission
is to formulate HIV/AIDS policy
and direct and co-ordinate
national activities in the fight
against HIV/AIDS.
(2) For the purpose of subsection
(1) the Commission shall
(a) formulate comprehensive
policies and strategies and
establish programme priorities;
(b) provide high level advocacy
for HIV/AIDS prevention and
control;
(c) provide effective leadership
in national planning, supervision
and support of HIV/AIDS
programmes;
(d) expand and co-ordinate the
national response to HIV/AIDS;
(e) mobilise, control and manage
resources available for the
achievement of its object and
monitor their allocation and
utilisation;
(f) foster linkages among
stakeholders;
(g) promote issues relating to
research, documentation and
dissemination on HIV/AIDS; and
(h) monitor and evaluate HIV/AIDS
programmes.
Section 3—Membership of the
Commission
(1) The Commission shall consist
of—
(a) a chairperson who shall be
the President of the Republic;
(b) a vice chairperson who shall
be the Vice President of the
Republic;
(c) the following Ministers of
State responsible for:
(i)
Finance;
(ii) Health;
(iii) Education;
(iv) Manpower Development and
Employment;
(v) Local Government and Rural
Development;
(vi) Youth and Sports;
(vii) Tourism;
(viii) Roads and Transport;
(ix) Food and Agriculture;
(x) Defence;
(xi) Women and Children's
Affairs;
(xii) Interior;
(xii) Justice;
(xiv) Trade and Industry; and
(xv) Information;
(d) the heads of each of the
following:
(i)
Trades Union Congress;
(ii) Christian Council;
(iii) National Catholic
Secretariat;
(iv) National House of Chiefs;
(v) Christian Health Association
of Ghana;
(vi) Ghana Medical Association;
(vii) Ghana Registered Nurses
Association;
(viii) Ghana Registered Midwives
Association;
(ix) Ghana Traditional Healers
Association;
(x) National Population Council;
(xi) Ahmadiyya Mission;
(xii) Federation of Muslim
Councils;
(xiii) Ghana HIV/AIDS Network (GHANET);
(xiv) National Union of Ghana
Students (NUGS);
(xv) Ghana AIDS Foundation;
(xvi) Ghana Pentecostal Council;
(xvii) Council of Independent
Churches;
(xviii) Statistical Services;
(xix) National AIDS Control
Programme;
(xx) Noguchi Memorial Institute
for Medical Research;
(xxi) Ghana Employers
Association; and
(xxii) FIDA, Ghana;
(e) a representative of
organisations of People Living
with HIV/AIDS;
(f) two members of Parliament;
(g) four other persons with
special expertise relating to
HIV/AIDS at least two of whom are
women; and
(h) the Director-General of the
Commission.
(2) Members of the Commission
other than the President and Vice
President shall be appointed by
the President acting in
consultation with the Council of
State.
Section 4—Tenure of Office of
Members
(1) A member of the Commission
other than an ex-officio member
shall hold office for a period not
exceeding four years and is on the
expiration of that period eligible
for re-appointment but no member
shall be appointed for more than
two consecutive terms.
(2) Where a member of the
Commission resigns, dies, is
removed from office or is for any
reason unable to act as a member,
the President shall acting on the
advice of the nominating
authority, where applicable and in
consultation with the Council of
State, appoint another person to
hold office for the unexpired
portion of the member's term of
office.
(3) A member of the Commission
other than an ex-officio member
may at any time resign his or her
office in writing addressed to the
President.
(4) A member of the Commission who
is absent from three consecutive
meetings of the Commission without
sufficient cause ceases to be a
member of the Commission.
(5) The President shall by letter
addressed to a member nominated by
a body as its representative on
the Commission revoke the
appointment of that member at the
request of that body.
Section 5—Meetings of the
Commission
(1) The Commission shall meet for
the despatch of business at such
times and in such places as the
chairperson may determine but
shall meet at least once every
quarter.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the Commission convene an
extraordinary meeting of the
Commission at such place and time
as the chairperson may determine.
(3) The quorum at a meeting of the
Commission shall be one-third of
the members of the Commission.
(4) A meeting of the Commission
shall be presided over by the
chairperson or in the absence of
the chairperson by the
vice-chairperson or in the absence
of both by a member of the
Commission elected by the members
present from among their number.
(5) Matters before the Commission
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
second or casting vote.
(6) The Commission may co-opt a
person to attend its meeting but
that person shall not vote on any
matter for decision by the
Commission.
(7) The proceedings of the
Commission 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
Commission may determine the
procedure for its meetings.
Section 6—Disclosure of Interest
(1) A member of the Commission who
has interest in any contract,
application or other transaction
for consideration by the
Commission shall disclose in
writing the nature of that
interest and is disqualified from
participating in any deliberation
of the Commission in respect of
the contract, application or other
transaction.
(2) A member who infringes
subsection (1) shall be removed
from the Commission.
Section 7—Appointment of
Committees
(1) The Commission may appoint
committees consisting of members
of the Commission and non-members
to perform any of its functions.
(2) A committee of the Commission
shall be chaired by a member of
the Commission.
(3) The Commission shall
determine the functions of each
committee.
Section 8—Allowances
Members of the Commission and
members of a committee of the
Commission shall be paid such
allowances as may be approved by
the chairperson in consultation
with the Minister responsible for
Finance.
Section 9—Regional and District
Offices of the Commission
(1) The Commission shall establish
regional and district offices of
the Commission in each Region and
in such Districts as the
Commission may determine.
(2) A regional or district office
of the Commission shall be
provided with such public officers
as the President acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission shall determine.
(3) A regional or district office
of the Commission shall perform
such functions of the Commission
in the Region or District as the
Commission may direct.
PART II—ORGANISATION AND
ADMINISTRATION OF THE COMMISSION
Section 10—Director-General
(1) The Commission shall have a
Director-General who shall be the
chief executive and shall be
appointed by the President acting
in accordance with the advice of
the Commission given in
consultation with the Public
Services Commission.
(2) The Director-General shall,
subject to the general direction
of the Commission be responsible
for the implementation of the
policies of the Commission and for
the efficient organisation of the
Commission.
(3) The Director-General may
delegate the functions of office
to an officer of the Commission
but shall be relieved from
ultimate responsibility for the
discharge of the delegated
function.
Section 11—Divisions and Directors
of the Divisions
(1) The Commission shall have such
divisions as may be necessary for
the effective implementation of
its functions.
(2) Each division shall be headed
by a Director who shall be
appointed by the President in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission.
(3) A Director shall perform such
functions in relation to a
division as the Commission may
determine.
Section 12—Secretary to the
Commission
The Commission shall have a
secretary who shall be appointed
by the President acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission to perform such
functions as the Director-General
or the Commission may direct.
Section 13—Other Staff of the
Commission
(1) The Commission shall have such
other officers and staff as may be
necessary for the effective
discharge of its functions.
(2) The officers and staff shall
be appointed by the President on
such terms and conditions
determined in accordance with the
advice of the Commission given in
consultation with the Public
Services Commission.
(3) Other public officers may be
transferred or seconded to the
Commission or may otherwise give
assistance to it.
(4) The Commission may engage the
services of consultants and
advisers.
Section 14—Delegation of
Appointment
The President may in accordance
with article 195(2) of the
Constitution delegate the power of
appointment of public officers
under this Act.
Section 15—Funds of the Commission
The sources of money for the
discharge of the functions of the
Commission shall include:
(a) subvention from the
Government;
(b) donations and grants; and
(c) loans contracted and
guaranteed by Government.
Section 16—Accounts and Audit
(1) The Commission shall keep
books of account and proper
records in relation to them in a
form approved by the
Auditor-General.
(2) The accounts of the Commission
shall be audited by the
Auditor-General within six months
after the end of each financial
year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Section 17—Annual Report and Other
Reports
(1) The Commission shall as soon
as practicable after the end of
each financial year but within
eight months after the end of the
year submit to Parliament an
annual report covering the
activities and the operations of
the Commission for the preceding
year to which the report relates.
(2) The annual report submitted
under subsection (1) shall include
the report of the Auditor-General.
(3) The Commission shall also
submit to Parliament such other
reports as Parliament may request.
Section 18—Regulations
(1) The Commission may, by
legislative instrument make
Regulations on HIV/AIDS policy and
generally to give effect to the
provisions of this Act.
(2) The exercise of the power to
make Regulations shall be
signified under the hand of a
Minister of State designated by
the President.
Section 19—Interpretation
In this Act, unless the context
otherwise requires,
"AIDS" means Acquired Immune
Deficiency Syndrome;
"Commission" means the Ghana AIDS
Commission established under
section 1; and
"HIV" means Human Immunodeficiency
Virus.
Date of Gazette Notification: 25th
January, 2002.
|
