ACTS OF GHANA

 GHANA NATIONAL THEATRE LAW, 1991 (PNDCL 259)

 ARRANGEMENT OF SECTIONS

Section

1. Establishment of a Ghana National Theatre.

2. Object of the National Theatre.

3. Functions of the National Theatre.

4. Board of the National Theatre.

5. Functions of the Board.

6. Meetings of the Board.

7. Resident Performance Troupes of the National Theatre.

8. Ministerial Responsibility.

9. Executive Director of National Theatre.

10. Appointment of Administrative Secretary and Directors.

11. Other Employees of the National Theatre.

12. Funds of the National Theatre.

13. Borrowing Powers.

14. Fees for Performances.

15. Annual Report of the National Theatre.

16. Accounts and Audit.

17. Financial Year.

18. Tax Exemption.

19. Regulations.

20. Interpretation.

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:—

Section 1—Establishment of a Ghana National Theatre.

(1) There is hereby established a body to be known as the Ghana National Theatre (in this Law referred to as "the National Theatre").

(2) The National Theatre shall be a body corporate with perpetual succession in and a common seal and shall have power to sue and be sued in its own name.

(3) The body may for the purpose of its functions acquire, hold or dispose of property whether movable or immovable.

(4) Where there is any hindrance to the acquisition of property under subsection (3) the property may be acquired for the National Theatre under the State Property and Contracts Act, 1960 (CA 6) or the State Lands Act, 1962 (Act 125).

Section 2—Object of the National Theatre.

The object of the National Theatre shall be the promotion and development of the performing arts in Ghana.

Section 3—Functions of the National Theatre.

For the purpose of achieving this object the National Theatre shall establish theatres in such parts of the country as the Council may deem fit.

Section 4—Board of the National Theatre.

(1) The governing body of the National Theatre shall be the National Theatre Board (hereafter referred to as "the Board") which shall consist of—

(a) a Chairman and 5 other persons appointed by the Council;

(b) the Director of the School of Performing Arts, University of Ghana, Legon;

(c) the Director of the Institute of African Studies, University of Ghana, Legon; and

(d) the Executive Director of the Ghana National Theatre.

(2) A member of the Board other than an ex-officio member shall hold office for a period not exceeding four years and may on the expiration of that period be eligible for re-appointment.

(3) A member of the Board may at any time resign his office by giving two months notice in writing addressed to the Secretary.

(4) A member of the Board shall hold office on such other terms and conditions, including the payment of such allowances or remuneration, as the Council may on the recommendation of the Secretary determine.

Section 5—Functions of the Board.

For the discharge of the business and functions of the National Theatre the Board may—

(a) formulate criteria and conditions to regulate performance by Ghanaian and international artistes and troupes;

(b) establish theatres in such parts of the country as the Council may deem fit;

(c) develop and promote a strongly integrated national culture through the performing arts;

(d) assist in formulating an effective export promotion programme of works in the performing arts produced in Ghana; and

(e) engage in other functions as the Council may assign.

Section 6—Meetings of the Board.

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

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

(3) The quorum at every meeting of the Board shall be five.

(4) Decisions at a meeting of the Board shall be taken by a majority of the members present by voting and in the event of equality of votes, the person presiding shall have a casting vote.

(5) The Board may at any time co-opt any person to act as advisor at any of its meetings but such person shall not be entitled to vote on any matter for decision by the Board.

(6) The Board may for the discharge of its functions under this Law appoint committees comprising members of the Board or non-members or both and may assign to them such functions as the Board may determine.

(7) Any member of the Board who has an interest, direct or indirect, in any matter that is a subject for consideration of the Board shall disclose in writing to the Board the nature of his interest and shall not participate in any discussion or decision of the Board relating to such matter.

(8) A member who wilfully fails to disclose his interest under subsection (7) of this Section shall be removed from the Board.

Section 7—Resident Performance Troupes of the National Theatre.

The Ghana Dance Ensemble, Abibigroma and the National Symphony Orchestra shall be the resident performance troupes of the National Theatre in the areas of dance, dramatic art and music respectively.

Section 8—Ministerial Responsibility.

The Chairman of the National Commission on Culture shall have ministerial responsibility for the National Theatre.

Section 9—Executive Director of National Theatre.

(1) There shall be appointed by the Council on the advice of the Secretary an Executive Director for the National Theatre.

(2) The Executive Director shall be the Chief Executive of the National Theatre and shall have the overall responsibility of all theatres established by the Board.

(3) The Executive Director shall hold office upon such terms and conditions as the Council acting on the advice of the Secretary may determine.

Section 10—Appointment of Administrative Secretary and Directors.

(1) There shall be appointed by the Board an Administrative Secretary and a Director responsible for each of the following:

(a) artistic (co-ordination);

(b) music;

(c) dance;

(d) drama; and

(e) the technical department.

(2) The Artistic Director shall—

(a) co-ordinate the functions of the Directors of music, dance and drama appointed under subsection (1); and

(b) undertake such other duties as the Executive Director may direct.

(3) The Directors of music, dance, drama and the technical department shall be assigned such duties as the Board may determine.

(4) The Administrative Secretary shall be the Secretary to the Board and shall be assigned such duties as the Executive Director may determine.

(5) The Directors and Administrative Secretary appointed under subsection (1) shall hold office upon such terms and conditions as the Board shall determine.

Section 11—Other Employees of the National Theatre.

(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 National Theatre.

(2) The Board may engage the services of such advisors as may be necessary for the proper and efficient conduct of the business and functions of the National Theatre and shall pay them such honoraria as the Board sees fit.

(3) The employees of the National Theatre shall be appointed under such terms and conditions as the Board may on the recommendations of the Executive Director determine in consultation with the Public Services Commission.

(4) There may be transferred or seconded to the National Theatre such public officers as the Board may in consultation with the Public Services Commission determine.

(5) The Executive Director, Artistic Director and Directors appointed under subsection (1) of section 10, the Administrative Secretary and all employees of the National Theatre shall be public officers.

Section 12—Funds of the National Theatre.

(1) The funds of the National Theatre shall include—

(a) grants from Government;

(b) donations from the general public, institutions, industries and non-government sources;

(c) donations from foreign sources;

(d) monies derived from performances organised by the National Theatre; and

(e) fees charged by the National Theatre for the use of its theatres.

(2) All monies received on behalf of the National Theatre shall be paid into such banks as may be approved by the Board to the credit of the National Theatre's general current or deposit account; however the Board may invest as it deems fit any monies not required for current use.

Section 13—Borrowing Powers.

(1) The National Theatre may obtain loans and credit facilities from any bank or other financial institution as the Chairman of the National Commission on Culture in consultation with the Secretary for Finance and Economic Planning may approve.

(2) The National Theatre may, with the prior approval of the Secretary responsible for Finance and Economic Planning borrow money from any other source.

(3) The Secretary responsible for Finance and Economic Planning may on behalf of the Government guarantee the performance of any obligation or undertaking by the National Theatre under this section.

Section 14—Fees for Performances.

The National Theatre may charge such fees as may be determined by the Executive Director acting in consultation with the Artistic Director for performances at its theatres.

Section 15—Annual Report of the National Theatre.

The National Theatre shall submit to the Secretary, not later than three months after the end of each financial year, a report of its activities during that year, together with a balance sheet showing income and expenditure for the year.

Section 16—Accounts and Audit.

(1) The National Theatre shall keep proper books of accounts and proper records in such forms as the Auditor-General may approve.

(2) The books and accounts of the National Theatre shall be audited each year by the Auditor-General or by an auditor appointed by the Auditor-General.

(3) The Auditor appointed by him shall ensure that the operations of the National Theatre are in conformity with its approved budget and shall examine the annual balance sheet and statement of income and expenditure of the National Theatre and certify that these are in conformity with the records of the National Theatre.

(4) A report on the audit shall be submitted by the Auditor to the Secretary within six months after the end of the financial year to which the report relates.

Section 17—Financial Year.

The financial year of the National Theatre shall be the same as that of the Government.

Section 18—Tax Exemption.

The National Theatre shall be exempted from the payment of such taxes, rates and duties as the Secretary responsible for Finance and Economic Planning may in writing direct.

Section 19—Regulations.

The Secretary may on the advice of the Board by legislative instrument make regulations specifying conditions under which performances are to be conducted and as may be necessary for the purpose of giving full effect to the provisions of this Law.

Section 20—Interpretation.

In this Law unless the context otherwise requires—

"Council" means the Provisional National Defence Council;

"Secretary" means the Provisional National Defence Council Secretary responsible for Culture.

Made this 22nd day of July, 1991.

FLT. LT.-JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification:  30th August, 1991.