ACTS OF GHANA

GHANA BROADCASTING CORPORATION DECREE, 1968 (NLCD 226)

As amended

ARRANGEMENT OF PARAGRAPHS

Paragraph

1. Establishment of Ghana Broadcasting Corporation.

2. Objects of the Corporation.

3. The Board.

4. Meetings of the Board.

5. Role of the Board.

6. Director-General and Deputy Directors-General.

6A. Directors and Regional Directors/Managers.

7. Staff.

8. National Requirements of the Corporation.

9. Output Requirements.

10. Funds of Corporation.

11. Accounts.

12. Audit.

13. Power of Corporation to Authorise Entry of Lands.

14. Interference with Wires, Etc. of Corporation by Other Person.

14A. Unauthorised  Connection to Broadcasting Output, etc. of Corporation.

15. Radio and Television Receiving Set Licence Fees to be Fixed on the Recommendations of the Corporation.

16. Corporation Exempted from Provisions of Act 112.

17. Exemption from Income Tax.

18. Emergency Power of the Government.

19. Power to Make Bye-laws and Other Instruments.

20. Interpretation.

21. Dissolution and Transfer of Assets and Liabilities.

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 28th February, 1966, this Decree is hereby made:—

Paragraph 1—Establishment of Ghana Broadcasting Corporation.

(1) There is hereby established a body corporate to be known as the Ghana Broadcasting Corporation, in this Decree referred to as "the Corporation".

(2) The Corporation shall have perpetual succession and a common seal and may sue and be sued in the name assigned to it by sub-paragraph (1) of this paragraph.

(3) The Corporation shall have power, for the discharge of any of its functions, to acquire and hold any movable or immovable property and to dispose of such property, and to enter into any contract or other transaction.

(4) Where there is any hindrance to the acquisition of any property under sub-paragraph (3) of this paragraph, the property may be acquired for the Corporation under the State Property and Contracts Act, 1960 (CA 6) or as the case may be, under the State Lands Act, 1962 (Act 125), and each such Act shall, as the case may be, apply with respect to any such acquisition with such modifications as may be necessary to provide for the vesting of the property acquired thereunder in the Corporation and for the cost of acquisition to be defrayed by the Corporation.

Paragraph 2—Objects of the Corporation.

(1) The objects of the Corporation shall be—

(a) to undertake Sound, Commercial and Television broadcasts;

(b) to prepare in the field of culture, education, information and entertainment programmes reflecting National progress and aspirations;

(c) to broadcast the programmes prepared under sub-paragraph (b) in the main Ghanaian languages and in English and such other foreign languages as the Corporation may determine;

(d) to carry on an external service of sound broadcasting;

(e) to enter into agreement for the utilisation of programmes prepared in other countries; and

(f) to carry on such other activities as are incidental or conducive to the attainment of all or any of the foregoing.

(2) Without prejudice to the general effect of sub-paragraph (1) of this paragraph, the Corporation shall have power to carry out all or any of the following activities:—

(a) to erect, maintain and operate transmitting and receiving stations;

(b) to install and operate wired broadcasting services;

(c) to enter into arrangements for the purpose of obtaining rights, privileges and concessions;

(d) to produce, manufacture, purchase or otherwise acquire films, television, gramophone and other mechanical or electronic records, and materials and apparatus associated therewith, and to use them in connection with the broadcast services;

(e) to provide to and to receive from other corporations and persons matter to be broadcast;

(f) to organise, provide and subsidise public entertainment for the purpose of broadcasting;

(g) to collect news and information in any manner that the Corporation deems fit in any part of the world and to subscribe to news agencies and services;

(h) to acquire copyrights;

(i) to publish printed matter that may be conducive to the discharge of any of the functions of the Corporation;

(j) to do such other things conducive to attaining the objects of the Corporation including the provision of facilities for training and education for the purpose of advancing the skill of persons employed by the Corporation and the carrying out of research to improve the efficiency of the equipment of the Corporation and the manner in which that equipment is operated.

Paragraph 3—The Board.

(1) The governing body of the Corporation shall be a Board.

(2) The Board shall consist of—

(a) a Chairman;

(b) the Director-General of the Ghana Broadcasting Corporation referred to in paragraph 6 of this Decree; and

(c) eight other members.

(3) The Chairman and the other members of the Board to be appointed under sub-paragraph (2) (c) of this paragraph shall be appointed by the National Liberation Council on the recommendations of the Commissioner and shall hold office for a period of two years:

Provided that of the first members to be appointed under sub-paragraph (2)(c) of this paragraph four shall hold office for one year and such period shall be specified in their instruments of appointment.

(4) Persons to be appointed Chairman of the Corporation or as members of the Board under sub-paragraph (2)(c) of this paragraph shall be persons who have recognised public standing in the community or persons who have had experience in and shown capacity in any of the following fields of endeavour that is to say:— industry, trade, finance, science, administration, education, public entertainment, social service, journalism, broadcasting and law.

(5) No person shall be qualified to be a member of the Board—

(a) if he has been sentenced to death or to a term of imprisonment exceeding twelve months without option of a fine or has been convicted of an offence involving dishonesty and has not, in each case been granted a free pardon,

(b) if he is a person who, having been declared insolvent or bankrupt under any law for the time being in force in Ghana or in any other country is an undischarged insolvent or bankrupt,

(c) if he is a member of any Legislative Assembly or other body having for the time being authority either alone or in conjunction with any other body to enact laws which have effect throughout Ghana,

(d) if he is adjudged to be of unsound mind,

(e) if in the case of a person possessed of a professional qualification, 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,

(f) if he is an officer of the Corporation other than the Director-General or is a public officer where there are already not less than three public officers on the membership of the Board.

(6) Without prejudice to sub-paragraph (5) of this paragraph, a member of the Board other than the Director-General may be removed from the Board by the National Liberation Council on the recommendation of the Commissioner—

(a) if he suspends payment with his creditors,

(b) if he is absent from three or more consecutive meetings of the Board without such ground as appears to the National Liberation Council as reasonable,

(c) if he is guilty of unethical behaviour or if he is guilty of any serious misconduct in respect of his duties as a member of the Board and such behaviour or misconduct is certified in writing by not less than seven members of the Board.

(7) Any member of the Board other than the Director-General may resign his office by notice in writing addressed to the Commissioner.

(8) Where the office of a member of the Board becomes vacant prior to the expiry of his full term of office the National Liberation Council shall, upon the recommendation of the Commissioner and subject to the provisions of this Decree appoint another person in his place to hold office for the unexpired portion of his term.

(9) All persons ceasing to be members of the Board shall be eligible for re-appointment to the Board.

(10) The Board may pay to its members and also to persons co-opted under paragraph 4 of this Decree to attend any meeting of the Board such subsistence, travelling and other allowances and at such rates as the Board may with the joint approval of the Commissioner and the Commissioner responsible for Finance determine either in relation to any particular member or generally.

(11) The Chairman and members of the Board while holding office on the Board shall not—

(a) hold any office in or be a member of any committee of any political organisation;

(b) offer themselves as candidates or nominate any other persons as candidates at any election of members to any Legislative Assembly or other body having for the time being authority either alone or in conjunction with any other body, to enact laws which have effect throughout Ghana or to a Council within the meaning of the Local Government Act, 1961 (Act 54);

(c) indicate publicly their support for or opposition to any political parties or candidates or to the political programmes of such parties or candidates;

(d) publish or cause to be published any article or other matter of a partisan political nature;

(e) canvass on behalf of political candidates;

(f) speak in public or broadcast on any subject of a partisan political nature;

(g) allow themselves to be interviewed or express any opinion for publication on any subject of a partisan political nature,

and any contravention of the provisions of this sub-paragraph may be certified to be a serious misconduct in relation to the duties of a member of the Board for the purposes of sub-paragraph (6) of this paragraph.

(12) There shall be a Secretary to the Board who shall be an officer of the Corporation and who shall, subject to such general directions as the Board may give and subject to the other provisions of this Decree, arrange the business for, and cause to be recorded and kept the minutes of all meetings of the Board.

Paragraph 4—Meetings of the Board.

(1) The Board shall ordinarily meet for the despatch of business at such times and at such places as the Chairman may appoint but shall meet at least once in every month.

(2) A special meeting of the Board shall be called by the Secretary to the Board upon a request made to him for that purpose in writing signed by not less than four members of the Board including the Director-General.

(3) At every meeting of the Board at which he is present, the Chairman shall preside and in his absence, a member of the Board appointed by the members present from among themselves shall preside.

(4) Questions proposed at a meeting of the Board shall be determined by simple majority of members present and voting and in the event of an equality of votes, the person presiding shall have a second or casting vote.

(5) The quorum at any meeting of the Board shall be four so however that no quorum shall be formed unless the Director-General is present at the meeting.

(6) The Board may at any time co-opt any person or persons to act as an adviser or advisers at any of its meetings so, however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Board.

(7) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

(8) Any member of the Board who has any financial interest in any company or undertaking with which the Corporation proposes to enter into any contract or who has any financial interest in any contract which the Corporation proposes to make shall disclose to the Board in writing the nature of his interest and shall be disqualified from participating in any deliberations of the Board on the contract or voting in any decision of the Board on such contract.

(9) Any contravention of the provisions of sub-paragraph (8) of this paragraph may be certified to be a serious misconduct in relation to the duties of a member of the Board for the purposes of sub-paragraph (6) of paragraph 3 of this Decree.

Paragraph 5—Role of the Board.

(1) The Board shall be responsible for the broad direction of the affairs of the Corporation, the conduct of corporate relations with the Government and its agencies and the authorization of the annual report of the Corporation's activities.

(2) For its deliberations, the Board may utilize Finance, Programme Advisory and Staff committees which may deal with such matters as the following which are not necessarily limiting in scope:—

(a) establishment and revision of bye-laws and other instruments made under paragraph 19 of this Decree;

(b) establishment of basic policies and directives deemed necessary for the guidance of the Director-General;

(c) establishment or approval of objectives with respect to administrative, coverage, finance and control, management, programming and sales;

(d) consideration of bi-annual reports of accountability by the Director-General;

(e) advice and guidance with respect to any aspect of the affairs of the Corporation.

Paragraph 6—Director-General and Deputy Directors-General.

(1) There shall be a Director-General of the Corporation who shall be the chief executive officer of the Corporation and shall be responsible to the Board for the day-to-day administration of the Corporation.

(2) There shall also be two Deputy Directors-General of the Corporation who shall, subject to the provisions of this Decree—

(a) be charged with the performance of any of the functions of the Director-General when the Director-General is absent from Ghana or is otherwise incapacitated from performing that function, and

(b) otherwise assist the Director-General in the discharge of the said functions and perform such functions as the Director-General may delegate to any of them,

and accordingly unless the context otherwise requires any reference in this Decree to Director-General shall include reference to a Deputy Director-General.

(3) The Director-General and the two Deputy Directors-General shall be appointed by the National Redemption Council and shall hold and vacate office upon such terms and conditions as the National Redemption Council may determine.

(4) A person to be appointed Director-General or Deputy Director-General shall be a person who has had experience of and has demonstrated competence in one or more of the following fields of endeavour, that is to say, public utility operation and practice, industry, broadcasting, trade, finance, science and administration.

(5) The Director-General shall exercise supervision and control over the acts of all employees of the Corporation and shall be responsible for disposing of all questions relating to the pay, privileges and allowances of the Corporation's employees as laid down by the Board.

(6) The Director-General is responsible for the implementation of the Corporation's policies, bye-laws, other instruments and objectives in the day-to-day operations of the affairs of the Corporation. [As substituted by the Ghana Broadcasting Corporation (Amendment) Decree, 1975, (NRCD 334) s. 1a].

Paragraph 6A—Directors and Regional Directors/Managers.

(1) There shall be in charge of each division and regional  office of the Corporation a Director and Regional Director/Manager respectively.

(2) The Director or Regional Director/Manager shall be appointed by the National Redemption Council on the advice of the Director-General.";

Paragraph 7—Staff.

(1) The Board may from time to time appoint such employees as may be necessary for the proper and efficient conduct of the business and functions of the Corporation.

(2) Employees of the Corporation shall hold and vacate office upon such terms and conditions as the Board may determine.

(3) The Corporation may also engage the services of such consultants, advisers and other persons as the Board may determine and upon such conditions as the Board may prescribe.

(4) Public officers may be transferred to the Corporation or may otherwise give assistance thereto.

(5) The Corporation shall have an Internal Auditor and the appointment and dismissal of any person to or from the post of Internal Auditor shall be made by the Auditor-General. [As inserted by the Ghana Broadcasting Corporation (Amendment) Decrree, 1975, (NRCD 334) s. 1b].

(6) Subject to the provisions of this Decree, an Internal Auditor shall be responsible to the Director-General for the performance of his functions.

(7) As part of his functions under this Decree, an Internal Auditor shall, at intervals of three months, prepare a report on the internal audit work carried out by him during the period of three months immediately preceding the preparation of the report and shall, as soon as practicable after the preparation of the report, submit the report to the Director-General.

(8) The Director-General shall, as soon as practicable after receiving any report submitted to him under sub-paragraph (7) of this paragraph, forward a copy of the report to the Chairman and also a copy thereof to the Auditor-General.

(9) Without prejudice to the general effect of sub-paragraph (7) of this paragraph, an Internal Auditor shall make in each report such observations as appear to him necessary as to the conduct of the financial affairs of the Corporation during the period to which the report relates.

Paragraph 8—National Requirements of the Corporation.

(1) It shall be the duty of the Corporation to provide as a public service, independent and impartial broadcasting services (sound and television) for general reception in Ghana.

(2) The Corporation shall in collaboration with such departments of State as may be appropriate provide an external sound service through transmission for general reception in countries and places outside Ghana.

(3) The Corporation may engage in commercial broadcasting through the sale of paid advertisements scheduled at prescribed spots in its programme service.

Paragraph 9—Output Requirements.

(1) In its public service broadcasting, the Corporation is expected to provide for—

(a) Government pronouncements, that is, speeches by members of the National Liberation Council and Commissioners responsible for departments of State consisting of statements of fact or explaining the policies and actions of the Government;

(b) party political speeches dealing with the views and policies of the various political parties (when they come into being);

(c) speeches expressing different points of view on matters of controversy;

(d) matters of any kind (including religious services or ceremonies) representing the main stream of religious thought or belief in the country.

(2) In its broadcasting of the items mentioned in sub-paragraph (1) of this paragraph the Corporation shall allocate and apportion air-time equitably between the parties, points of view and religious bodies according to their respective claims upon the interest of members of the public of Ghana.

Paragraph 10—Funds of Corporation.

(1) The funds of the Corporation shall include—

(a) grants made by the Government to the Corporation;

(b) loans obtained on the guarantee of the Government from the National Investment Bank or such other Banks as the Commissioner responsible for Finance may approve;

(c) any moneys accruing to the Corporation in the course of the discharge of its functions.

(2) All moneys received by the Corporation shall be deposited to the credit of the Corporation in the Ghana Commercial Bank or such other bank as the Commissioner responsible for Finance may approve.

(3) No loans shall be raised by the Corporation except with the prior approval of the Commissioner responsible for Finance.

Paragraph 11—Accounts.

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

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

(a) a balance sheet, a statement of income and expenditure and a statement of surplus containing such information as had the Corporation been a company registered under the Companies Code (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 Corporation as the Commissioner or the Commissioner responsible for Finance may require.

(3) The Corporation shall, as soon as possible but within three months after the termination of each financial year, submit to the Commissioner an annual report which shall include the statements of account specified in sub-paragraph (2) of this paragraph and the Commissioner responsible for Information shall as soon as practicable cause it to be laid before the National Liberation Council.

(4) The Corporation's financial year shall end on the 30th day of June in each year.

(5) For the purposes of this paragraph the period extending from the commencement of this Decree to the 30th day of June, 1968, shall be deemed to be a financial year.

Paragraph 12—Audit.

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

(2) The Auditor-General shall, not later than the 30th day of September in each year, forward to the Commissioner a copy of the audited accounts of the Corporation for the financial year ending the 30th day of June immediately preceding and his report thereon.

(3) The Auditor-General or the auditor appointed by him shall report annually to the Board the result of his examination of the accounts and financial statement of the Corporation, and the report shall state whether in his opinion—

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

(b) the financial statement of the Corporation:

(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 the balance sheet, gives a true and fair view of the state of the Corporation's affairs as at the end of the financial year;

(iii) in the case of the statement of income and expenditure, gives a true and fair view of the income and expenditure or profit and loss of the Corporation for the financial year;

and the Auditor-General or the auditor appointed by him shall call the attention of the Board to any other matter falling within the scope of his examination which, in his opinion, should be brought to the attention of the Board.

(4) The Auditor-General or the auditor appointed by him shall, from time to time make to the Corporation such other reports as he may deem necessary or as the Commissioner responsible for Finance may require.

(5) The annual report of the Auditor-General or the auditor appointed by him shall be included in the annual report of the Corporation.

Paragraph 13—Power of Corporation to Authorise Entry of Lands.

(1) Subject to the provisions of this paragraph any person authorised in that behalf by the Corporation for the discharge of its functions under this Decree may enter and remain on any land—

(a) for the purpose of erecting, maintaining and inspecting any installations belonging to the Corporation (such as its wired broadcasting installations) or for the purpose of repairing, altering or removing any such installations;

(b) to cut and remove on the site of any proposed or existing installation all such trees and underwood as may interfere or be likely to interfere with the construction or proper working of any installation; and

(c) for the purpose of carrying out any other work or activity reasonably necessary for giving effect to the principles and purposes of this Decree.

(2) Except with the consent of the owner or occupier of the land or of his authorised agent no person shall enter upon any land under sub-paragraph (1) of this paragraph except by day or unless the owner or occupier or his authorised agent has been given reasonable notice of the intention to enter the land and of the purpose of such entry:

Provided that where the condition of any installation is such as to endanger life or property a person authorised by the Corporation may enter any land on which the installation is situated at any reasonable time for any of the purposes set out in sub-paragraph (1) of this paragraph.

(3) If the owner or occupier of any land to be entered under this paragraph or his authorised agent cannot be found after reasonable enquiry it shall be sufficient for the purposes of sub-paragraph (2) of this paragraph if the notice referred to in that sub-paragraph is put into writing and affixed to some conspicuous place on the land proposed to be entered for a reasonable length of time.

(4) Any person authorised to enter any land under this paragraph shall, in discharging any function under this paragraph do as little damage as possible and the Corporation shall pay compensation in respect of such damage and where the surface of any road or street has been disturbed in the discharge of any such function, the Corporation shall, as far as practicable restore it to its former condition.

(5) The amount of any compensation to be paid under sub-paragraph (4) of this paragraph shall, in the case of difference, be settled by arbitration in accordance with the provisions of the Arbitration Act, 1961 (Act 38).

Paragraph 14—Interference with Wires, Etc. of Corporation by Other Person.

Where any Government Department, local authority, statutory corporation or any individual or other person undertakes any repairs or alterations of any road, street, railway, wharf, pier, bridge, waterworks or of any telegraphic, telephonic, or electric power cables, entailing the removal of or any injury to any wired broadcasting output or plant, works or equipment belonging to the Corporation, the expenses of the repair, removal and replacement of such wired broadcasting output, plant, works or equipment shall be borne as the case may be, by the Government Department, local authority, statutory corporation, individual or other person concerned.

Paragraph 14A— Unauthorised  Connection to Broadcasting Output, etc. of Corporation.

Any person who with intent to receive or disrupt any broadcasting service of the Corporation and without the authority of the Corporation, makes a connection to any part of the wired broadcasting output, network, plant or equipment, of  the Corporation commits an offence and shall be liable on a first conviction to a fine not exceeding fifty new cedis, and on a subsequent conviction to a fine not exceeding one hundred new cedis or to a term of imprisonment not exceeding six months or to both such fine and imprisonment. [As inserted by Ghana Broadcasting Corporation (Amendment) Decree, 1969 (NLCD 385)s.1].

Paragraph 15—Radio and Television Receiving Set Licence Fees to be Fixed on the Recommendations of the Corporation.

Where power is granted by any enactment to any authority or person to fix the fees to be paid for obtaining a radio receiving set licence or a television receiving set licence the power shall only be exercisable upon the recommendations of the Corporation and the Telecommunications Act, 1961 (Act 112) and the Television Licensing Decree, 1966 (NLCD 89) shall have effect accordingly.

Paragraph 16—Corporation Exempted from Provisions of Act 112.

The provisions of the Telecommunications Act, 1962 (Act 112) shall not apply so as to require the Corporation to obtain any licence under that Act.

Paragraph 17—Exemption from Income Tax.

The Corporation in its commercial and ancillary business operations shall be exempted from the provisions of the Income Tax Decree, 1966 (NLCD 78).

Paragraph 18—Emergency Power of the Government.

(1) Where at any time the National Liberation Council is of the opinion that a national emergency has arisen in which it is necessary in the public interest that the Government should control broadcasts made by the Corporation, the National Liberation Council may so declare by notice published in the Gazette or by such other mode of public announcement or notification as the circumstances may permit.

(2) Where an emergency has been declared under sub-paragraph (1) of this paragraph—

(a) the Commissioner may give such directions to the Corporation as the National Liberation Council may deem to be necessary to meet the requirements of the emergency so declared, and the Corporation shall give effect to such directions,

(b) the Government may take over the Broadcasting Service of the Corporation, so, however, that it shall only do so by specific demand made in that respect by the Chairman or in his absence by the Deputy Chairman of the National Liberation Council.

Paragraph 19—Power to Make Bye-laws and Other Instruments.

The Corporation may by the Board make bye-laws and other instruments not being inconsistent with the provisions of this Decree for the purpose of regulating its business or any matter falling within the scope of its functions and without prejudice to the generality of the foregoing, such bye-laws or other instruments may regulate the application of the Corporation's seal to legal documents and may also regulate the conditions of service of the employees of the Corporation.

Paragraph 20—Interpretation.

In this Decree, unless the context otherwise requires—

"Corporation" means the Ghana Broadcasting Corporation established by this Decree;

"Commissioner" means the Commissioner responsible for Information.

Paragraph 21—Dissolution and Transfer of Assets and Liabilities.

(1) The body corporate known immediately before the commencement of this Decree as the Ghana Broadcasting Corporation is hereby dissolved and consequently the Ghana Broadcasting Corporation Instrument, 1965 (LI 472) is hereby revoked.

(2) All assets, rights and liabilities of the said body are hereby transferred to the Corporation.

(3) The Director-General, the Deputy Director-General and all employees of the said body holding office immediately before the commencement of this Decree shall continue in office subject to the provisions of this Decree.

(4) Any instrument made under Part X of the Ghana Broadcasting Corporation Instrument, 1965 (LI 472) and in force immediately before the commencement of this Decree shall continue in force as if made under paragraph 19 of this Decree.

(5) Any reference in any enactment in existence at the commencement of this Decree to the Ghana Broadcasting Corporation shall be construed as a reference to the Corporation established by this Decree.

Made this 16th day of January, 1968.

LT.- GEN J. A. ANKRAH

Chairman of the National Liberation Council

Date of Gazette Notification: 9th February, 1968.

amended by

GHANA BROADCASTING CORPORATION (AMENDMENT) DECREE, 1969 (NLCD 385)1.

GHANA BROADCASTING CORPORATION (AMENDMENT) DECREE, 1975 (NRCD 334)2.