|
GHANA
NATIONAL PLAYING FIELDS BOARD
DECREE, 1977 (SMCD 107)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Establishment of National
Playing Fields Board.
2. Compulsory Acquisition where
there is Hindrance.
3. Functions of the Board.
4. Membership of the Board.
5. Meetings of the Board.
6. Secretary of the Board.
7. Execution of Contracts, etc.
8. Staff of the Board.
9. Capital and Funds of Agency.
10. Borrowing Powers.
11. Board to keep Proper Books of
Accounts.
12. Financial Year of the Board.
13. Audit.
14. Annual Report.
15. Commissioner to give
Directions.
16. Regulation.
17. Interpretation.
18. Repeal.
19. Transfer of Functions to the
Board.
GHANA
NATIONAL PLAYING FIELDS BOARD
DECREE, 1977 (SMCD 107)
BE IT ENACTED by the Supreme
Military Council as follows:—
Section 1—Establishment of
National Playing Fields Board.
(1) There is hereby established a
National Playing Fields Board in
this Decree referred to as "the
Board".
(2) The Board shall be a body
corporate, with perpetual
succession and a common seal and
may sue and be sued in its
corporate name.
(3) The Board may, for and in
connection with the carrying out
of its functions under this Decree
or any other enactment, purchase,
hold, manage or dispose of any
movable or immovable property and
may enter into such contracts and
transactions as may be expedient.
Section 2—Compulsory Acquisition
where there is Hindrance.
Where there is any hindrance to
the acquisition by the Board of
any property the property may be
acquired for the Board 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 in
relation to any such acquisition
with such modifications as may be
necessary to provide for the
vesting of the property acquired
thereunder in the Board and for
the cost of such acquisition to be
defrayed by the Board.
Section 3—Functions of the Board.
The functions of the Board are:—
(a) to provide and maintain all
playing fields and stadia;
(b) to control the use of all
playing fields and stadia.
Section 4—Membership of the Board.
(1) The Board shall consist of—
(a) a Chairman who shall be the
Special Assistant to the
Commissioner responsible for
Sports;
(b) a representative of the Sports
Division of the office of the
Supreme Military Council;
(c) the Executive Chairman of the
National Sports Council;
(d) The Chief Town Planning
Officer or his representative;
(e) the Chief Lands Officer or his
representative;
(f) the Director of Surveys or his
representative;
(g) a representative of the
Attorney-General's Department;
(h) a representative of the
Architectural and Engineering
Services Corporation;
(i)
the City Engineer or his
representative;
(j) the representative of a firm
which has shown interest in sports
to be appointed by the
Commissioner;
(k) a sports enthusiast appointed
by the Commissioner.[As
substituted by the Ghana National
Playing Fields Board (Amendment)
Decree, 1978, (SMCD 145) s.1]
Section 5—Meetings of the Board.
(1) The Board shall ordinarily
meet for the despatch of business
at such times and at such places
as the Board may determine but
shall meet at least once in every
month.
(2) At every meeting of the Board,
the Chairman shall preside and in
his absence a member of the Board
appointed by the members present
from among themselves shall
preside.
(3) Questions proposed at a
meeting of the Board shall be
determined by a simple majority of
members present and voting and in
the event of any equality of votes
the person presiding shall have a
second or casting vote.
(4) The quorum at any meeting of
the Board shall be four.
(5) 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.
(6) 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.
(7) Any member of the Board who
has any interest in any company or
undertaking with which the Board
proposes to enter into any
contract or who has any interest
in any contract which the Board
proposes to enter into shall
disclose in writing to the Board
the nature of his interest and
shall, unless the Board otherwise
directs, be disqualified from
participating in any deliberations
of the Board on the contract and
shall, in any case, be
disqualified from voting in any
decision of the Board on such
contract and any member who
infringes the provisions of this
subsection shall be liable to be
removed from the Board.
Section 6—Secretary of the Board.
(1) The Board shall have a
Secretary who shall be the Chief
Executive of the Board.
(2) The Secretary shall be
appointed by the Supreme Military
Council on the recommendation of
the Commissioner and, subject to
the provisions of this Decree,
shall hold office upon such terms
and conditions as may be specified
in his instrument of appointment.
(3) Where the office of the
Secretary becomes vacant the Board
shall notify the Supreme Military
Council of the occurrence of the
vacancy.
(4) Where the Secretary is
temporarily incapacitated from the
performance of his functions under
this Decree the Board may
authorise any employee of the
Board to perform those functions
for the duration of the
incapacity.
(5) Subject to the provisions of
this Decree, the Secretary shall,
subject to the general control of
the Board on matters of policy, be
charged with the direction of the
day-to-day business of the Board
and of its administration and
organisation and control of all
the employees of the Board.
(6) The Secretary shall also act
as Secretary to the Board and
shall, subject to the directions
of the Board, arrange the business
for and cause to be recorded and
kept minutes of all meetings of
the Board.
(7) Subject to subsection (5) of
this section the Secretary may
delegate to any employee of the
Board any of his functions under
this Decree and may impose such
conditions with respect to the
exercise of such delegated
functions as he may think fit:
Provided that nothing in this
subsection shall be construed so
as to absolve the Secretary from
ultimate responsibility for any
act done by any person in
pursuance of any such delegation.
Section 7—Execution of Contracts,
Etc.
(1) The use of the seal of the
Board shall be authenticated by
two signatures, namely—
(a) the signature of the Secretary
or a member of the Board
authorised by the Board to
authenticate the application of
the seal, and
(b) the signature of the Secretary
or some other officer of the Board
authorised by the Board to act in
the Secretary's place for that
purpose.
(2) The Board may by instrument in
writing under its common seal
empower any person either
generally or in respect of any
specified matters as its attorney,
to execute deeds on its behalf in
any place not situated in Ghana;
and every deed signed by such
attorney on behalf of the Board
and under his seal, shall be
binding on the Board and have the
same effect as if it were under
the common seal of the Board.
(3) Any instrument or contract
which, if executed or entered into
by a person other than a body
corporate would not be required to
be under seal, may be executed or
entered into on behalf of the
Board by the Secretary or any
member of the Board if such person
has previously been authorised by
the Board to execute or enter into
that particular instrument or
contract:
Provided that if the Board thinks
fit it may by writing under its
common seal appoint any person
outside Ghana as agent to execute
or enter into the instrument or
contract and the instrument or
contract if executed or entered
into on behalf of the Board shall
have effect as if it had been duly
executed or entered into as
prescribed for the purposes of
this subsection.
(4) Every document purporting to
be an instrument executed or
issued by or on behalf of the
Board and to be—
(a) sealed with the common seal of
the Board authenticated in the
manner provided by subsection (1)
of this section; or
(b) signed by and under the seal
of a person appointed as attorney
under subsection (2) of this
section; or
(c) signed by the Secretary or by
a member of the Board or other
person authorised in accordance
with subsection (3) of this
section to act for that purpose,
shall be deemed to be so executed
or issued until the contrary is
shown.
Section 8—Staff of the Board.
(1) The Board may from time to
time engage such employees as may
be necessary for the proper and
efficient conduct of the business
and functions of the Board.
(2) The Board may also engage the
services of such consultants and
advisers as the Board may upon the
recommendations of the Secretary
determine.
(3) The Board shall in
consultation with the Public
Services Commission be responsible
for the appointment and promotion
of employees of the Board.
(4) The Board acting on the
recommendations of the Secretary
shall be responsible for the
discipline and removal of the
employees of the Board.
(5) Public officers may be
transferred or seconded to the
Board or may otherwise give
assistance thereto.
(6) The employees, consultants and
advisers of the Board shall be
engaged on such terms and
conditions as the Board may, on
the recommendations of the
Secretary, determine.
Section 9—Capital and Funds of
Agency.
The Government may provide to the
Board as working capital and also
as moneys required for carrying
out the functions of the Board
such sums as the Commissioner may
after consultation with the
Supreme Military Council agree,
being sums requested by the Board
from the Government.
Section 10—Borrowing Powers.
(1) The Board may obtain loans and
other credit facilities, on the
guarantee of the Government from
such Banks and other financial
institutions as the Commissioner
and the Commissioner responsible
for Finance may approve.
(2) Apart from the powers of the
Board under subsection (1) of this
section, the Board may, with the
prior approval of the Commissioner
and the Commissioner responsible
for Finance, borrow money from any
other source.
(3) The Board may borrow
temporarily by way of overdraft or
otherwise, such sums as it may
require for meeting its current
obligations or discharging its
functions.
(4) The Commissioner responsible
for Finance may, on behalf of the
Government guarantee the
performance of any obligation or
undertaking by the Board under
this section.
(5) The Commissioner responsible
for Finance may from time to time
prescribe the maximum sums which
the Board may borrow under
subsection (1) or (2) of this
section.
Section 11—Board to Keep Proper
Books of Accounts.
The Board shall keep proper books
of account and proper records in
relation thereto and the account
books and records of the Board
shall be in such form as the
Auditor-General may approve.
Section 12—Financial Year of the
Board.
(1) The financial year of the
Board shall end on the 30th day of
June, in each year.
(2) For the purposes of this
section the period extending from
the commencement of this Decree to
the 30th day of June, 1978 shall
be deemed to be a financial year.
Section 13—Audit.
(1) The books and accounts of the
Board shall each year be audited
by the Auditor-General or an
auditor appointed by him.
(2) The Board shall pay in respect
of such audit service such fee (if
any) as the Auditor-General and
the Board may agree or in the case
of failure to agree, such fee as
the Commissioner may prescribe.
(3) It shall be the duty of the
Board as soon as possible upon
receiving the report of the
Auditor-General under this
section, to forward a copy of such
report to the Commissioner.
(4) The Commissioner shall as soon
as practicable upon receipt
thereof, cause to be laid before
the Supreme Military Council a
copy of the Auditor-General's
report.
Section 14—Annual Report.
(1) The Board shall, as soon as
possible after the expiration of
each financial year but within
three months after the termination
of that year, submit to the
Commissioner an annual report
dealing generally with the
activities and operations of the
Board within that year.
(2) The Commissioner shall, as
soon as possible after receiving
the annual report of the Board,
cause the report to be laid before
the Supreme Military Council.
Section 15—Commissioner to give
Directions.
The Commissioner may give general
directions in writing to the Board
on matters of policy and the Board
shall be bound to comply with such
directions.
Section 16—Regulations.
The Commissioner may after
consultation with the Board by
Legislative Instrument, make
regulations for the purpose of
carrying out the principles and
provisions of this Decree.
Section 17—Interpretation.
In this Decree, unless the context
otherwise requires—
"Commissioner" means the
Commissioner responsible for
Sports.
Section 18—Repeal.
Paragraph (g) of subsection (1) of
section 4 of the Sports Decree,
1976 (SMCD 54) is hereby repealed.
Section 19—Transfer of Functions
to the Board.
The functions of the body known
immediately before the
commencement of this Decree as the
National Playing Fields Board or
any other body approved by the
Commissioner are hereby
transferred to the Board and the
said Board is hereby dissolved or
that body shall cease to perform
those functions.
Made this 7th day of July, 1977.
GENERAL I. K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 22nd
July, 1977.
amended by
GHANA NATIONAL PLAYING FIELDS
BOARD (AMENDMENT) DECREE, 1978 (SMCD
145)1
|
