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GHANA
TRADE FAIR AUTHORITY LAW, 1989 (PNDCL
215)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Ghana Trade
Fair Authority.
2. Functions of the Authority.
3. Council to give Directions.
4. The Board of the Authority.
5. Functions of the Board.
6. Meetings of the Board.
7. Committees.
8. Appointment of Director-General
and Directors.
9. Secretary of the Authority.
10. Staff of the Authority.
11. Board to Prescribe Governing
Terms and Conditions of Service.
12. Funds of the Authority.
13. Application of Funds.
14. Accounts and Audit.
15. Internal Auditor.
16. Power to Maintain Foreign
Account.
17. Borrowing Powers.
18. Surplus Profit to be Paid into
Consolidated Fund.
19. Annual Report.
20. Financial year of the
Authority.
21. Dissolution of Trade Fairs
Secretariat and Transfer of
Personnel to the Authority.
22. Transfer and Vesting in
Authority of assets, Etc. of Trade
Fairs Secretariat.
23. Regulations.
24. Interpretation.
25. Commencement.
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
Section 1—Establishment of Ghana
Trade Fair Authority.
(1) There is hereby established a
body corporate to be known as the
Ghana Trade Fair Authority
(hereafter in this Law referred to
as the "Authority").
(2) The Authority shall have
perpetual succession and a common
seal and may sue and be sued in
its corporate name.
(3) The Authority shall have power
for the discharge of any of its
functions or for any of its
purposes under this Law 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 subsection (3) of this
section, the property may be
acquired for the Authority 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 Authority and for the cost of
such acquisition to be defrayed by
the Authority.
Section 2—Functions of the
Authority.
The Authority shall be responsible
for—
(a) the development, maintenance
and utilization of the Ghana
International Trade Fair Centre
(hereafter referred to as the
"Centre");
(b) the letting, leasing and
hiring out of any of the
facilities at the Centre;
(c) the planning, promotion and
organisation of trade fairs,
exhibitions and any shows at the
Centre or elsewhere in Ghana;
(d) the planning, organisation or
participation in Trade fairs,
exhibitions and shows by Ghana
abroad with the authority of the
Secretary;
(e) the planning, promotion and
organisation of other commercial
activities at the Centre during
and in-between fairs and
exhibitions; and
(f) the performance of such other
functions as are incidental or
conducive to the exercise by the
Authority of all or any of the
foregoing functions.
Section 3—Council to Give
Directions.
The Council may give directions of
a general nature to the Authority
and the Authority shall give
effect to them.
Section 4—The Board of the
Authority.
(1) The Council shall appoint a
Board of Directors (hereafter
referred to as the "Board") which
shall be the governing body of the
Authority.
(2) The Board shall consist of —
(a) a Chairman;
(b) the Director-General of Trade
Fairs;
(c) a representative of the
Ministry of Trade and Tourism;
(d) an Industrialist;
(e) a structural engineer or
architect with experience in
maintenance of building
structures;
(f) a person with recognised
knowledge in commerce;
(g) a representative of the Bank
of Ghana; and
(h) four other persons.[As
substituted by the Ghana Trade
Fair Authority (Amendment) Law,
1989 (PNDCL 224), s. (a).]
(3) Members of the Board other
than the Director-General shall
hold office for a term of two
years, but shall be eligible for
re-appointment.
(4) The Chairman or a member of
the Board, other than an
ex-officio member, may resign his
office by writing, addressed to
the Council and the Council may
request any member to resign his
office or remove any member from
office.
(5) Members of the Board shall be
paid such allowances as may be
determined by the Authority with
the approval of the Council.
Section 5—Functions of the Board.
(1) The Board of Directors shall
be charged with the management of
the property, business, and
finances of the Authority.
(2) Without prejudice to
subsection (1) of this section,
the Board shall be responsible
for—
(a) the formulation of general
policies for the proper management
of the Authority and for ensuring
that such policies are carried out
by the Authority;
(b) the sound and proper financial
management of the Authority
including the approval of all
contracts; and
(c) the appointment of all
management personnel other than
the Director-General and Directors
of the Authority; [As substituted
by the Ghana Trade Fair Authority
(Amendment) Law, 1990 (PNDCL 254),
s. 1(a).]
Section 6—Meetings of the Board.
(1) The Board shall meet once in
every month but may be summoned to
transact any extraordinary
business at the request in writing
of any three members of the Board
addressed to the Chairman at least
five working days before the date
of the meeting with a summary of
the business to be transacted.
(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
appointed from among the members
present shall preside.
(3) The quorum for any meeting of
the Board shall be seven. [As
substituted by the Ghana Trade
Fair Authority (Amendment) Law,
1989 (PNDCL 224), s. (b).]
(4) Decisions of the Board shall
be determined by a majority of the
members present.
(5) At every meeting of the Board
the Chairman thereof shall have
casting vote.
(6) The validity of any
proceedings of the Board shall not
be affected by any vacancy amongst
its members or by the absence of
any one of them.
(7) The two deputies to the
Director-General appointed under
subsection (3) of section 8 of
this Law shall attend meetings of
the Board but shall not vote on
any matter for decision by the
Board.
(8) Any member of the Board who
has an interest in a contract
proposed to be entered into with
the Authority shall disclose the
nature of his interest to the
Board and shall be disqualified
from participating in any
deliberations of the Board in
respect of such contract.
(9) Except as otherwise provided
in this section, the Board shall
regulate its own procedure.
Section 7—Committees.
The Board may appoint such
Committees as it may consider
necessary to perform such
functions or advise the Board on
such matters as the Board may
determine or may refer to such
committees.
Section 8—Appointment of
Director-General and Directors.
(1) The Authority shall have a
Director-General of Trade Fairs
who shall be the Chief Executive
of the Authority.
(2) The Director-General shall,
subject to such directions as may
be given by the Board on matters
of policy, be responsible for the
day-to-day business of the
Authority.
(3) The Director-General and the
two Directors shall be appointed
by the Council on such terms and
conditions as the Council may
determine.
(4) The Directors appointed under
subsection (3) of this section
shall be the deputies to the
Director-General and shall assist
him in the performance of his
duties.
Section 9—Secretary of the
Authority.
The Authority shall have an
officer to be designated as
Secretary for the Authority who
shall perform such functions as
the Board or the Director-General
may direct.
Section 10—Staff of the Authority.
(1) The Authority may engage such
officers and other employees as
may be necessary for the proper
and efficient performance of the
functions of the Authority and on
such terms and conditions as the
Board may determine. [As
substituted by the Ghana Trade
Fair Authority (Amendment) Law,
1990 (PNDCL 254), s. 1(b).]
(2) Public Officers may be
transferred or seconded to the
Authority.
Section 11—Board to Prescribe
Governing Terms and Conditions of
Service.
The Board may with the approval of
the Secretary prescribe the terms
and conditions of service of the
staff of the Authority, including
matters relating to pensions,
gratuities and other allowances of
the staff.
Section 12—Funds of the Authority.
The funds of the Authority shall
include —
(a) moneys provided to the
Authority by the Government
representing the agreed budgeted
amount;
(b) any loan granted to the
Authority by the Government;
(c) any loan granted to the
Authority by a bank or other
recognised financial institution;
(d) any moneys accruing to the
Authority by way of revenue
including levies, rents and fees;
(e) any moneys accruing to the
Authority as proceeds from
investments;
(f) any donations either in cash
or in kind; and
(g) such other moneys as may be
prescribed as money of the
Authority by regulations made
under this Law.
Section 13—Application of Funds.
(1) The funds of the Authority in
any financial year shall be
applied in the payment of the
following —
(a) all working management and
establishment expenses of the
Authority properly chargeable to
income; and
(b) payments in respect of
interest on or repayments of the
principal of any moneys borrowed
by the Authority.
(2) The Authority may invest all
or any part of the moneys of the
Authority in such manner as may be
approved by the Secretary on the
advice of the Board.
Section 14—Accounts and Audit.
(1) The Authority shall keep
proper books of account and proper
records in relation thereto and
the account books and records of
the Authority shall be in such
form as the Auditor-General may
approve.
(2) The books and accounts of the
Authority shall at the end of each
financial year be audited by the
Auditor-General or an Auditor
appointed by him.
(3) The Board shall pay in respect
of such audit, such fees (if any)
as the Auditor-General and the
Board may agree.
(4) It shall be the duty of the
Board as soon as possible but in
any case not later than three
months upon receiving the report
of the Auditor-General under this
section to forward such report to
the Secretary who shall submit the
report together with his
observations thereon to the
Council.
Section 15—Internal Auditor.
(1) The Authority shall have an
Internal Auditor who shall be
responsible to the
Director-General in the
performance of his duties.
(2) The Internal Auditor shall at
the end of every three months
submit a report on the audit
carried out by him in respect of
that period to the
Director-General.
(3) The Internal Auditor shall
forward copies of the report to
the Secretary, the Secretary
responsible for Finance and
Economic Planning and the Chairman
of the Board. [As substituted by
the Ghana Trade Fair Authority
(Amendment) Law, 1990 (PNDCL 254),
s. 1(c)]
Section 16—Power to Maintain
Foreign Account.
(1) Subject to such directions as
the Bank of Ghana may give the
Authority shall maintain and keep
a foreign account into which may
be paid such part of the revenue
accruing to the Authority by way
of foreign exchange as the Board
may determine.
(2) The application of such
foreign moneys shall be for—
(a) the purchase and maintenance
of the Authority's equipment with
the approval of the Board; and
(b) the organisation of Ghana's
participation in overseas trade
fairs.
(3) The foreign exchange account
of the Authority shall be subject
to audit under section 14 of this
Law.
Section 17—Borrowing Powers.
(1) The Authority may with the
approval of the Secretary borrow
money for the purpose of the
discharge of all or any of its
functions under this Law.
(2) The Authority may charge its
assets, undertakings and revenues
with the repayments of money
borrowed together with interest
thereon and may issue debentures,
funds or other securities to
secure repayment of any money so
borrowed together with interest
thereon and may do all such other
things necessary in connection
with or incidental to such
borrowing.
Section 18—Surplus Profit to be
Paid into Consolidated Fund.
Subject to such appropriation from
profit as the Board may determine
with the approval of the
Secretary, the Authority shall pay
into the Consolidated Fund as soon
as may be after the end of each
financial year, any surplus
relating to such year.
Section 19—Annual Report.
(1) The Board shall as soon as
possible after the expiration of
each financial year submit to the
Secretary an annual report dealing
generally with the activities and
operations of the Authority during
the financial year.
(2) Copies of the annual report of
the Authority shall be submitted
to the State Enterprises
Commission.
Section 20—Financial year of the
Authority.
The financial year of the
Authority shall be the same as the
financial year of the Government.
Section 21—Dissolution of Trade
Fairs Secretariat and Transfer of
Personnel to the Authority.
The Trade Fairs Secretariat of the
Ministry of Trade and Tourism
shall on the commencement of this
Law cease to exist and there shall
be transferred or seconded to the
Authority such personnel of that
Secretariat as the Authority may
determine.
Section 22—Transfer and Vesting in
Authority of assets, Etc. of Trade
Fairs Secretariat.
All assets and liabilities of the
Trade Fairs Secretariat of the
Ministry of Trade and Tourism in
existence immediately before the
commencement of this Law shall
vest in the Authority.
Section 23—Regulations.
The Secretary may in consultation
with the Board by legislative
instrument make regulations giving
effect to the provisions of this
Law.
Section 24—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 Trade and Tourism;
"show" means collection of things
for public exhibition.
Made this 21st day of March, 1989.
Section 25—Commencement.
This Law shall be deemed to have
come into force on the 21st day of
March, 1989. [Inserted and to be
cited as Ghana Trade Fair
Authority (Amendment) Law, 1990 (PNDCL
254) s. 2)].
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 28th
April, 1989.
amended by
GHANA TRADE FAIR AUTHORITY
(AMENDMENT) LAW, 1989 (PNDCL
224).1
GHANA TRADE FAIR AUTHORITY
(AMENDMENT) LAW, 1990 (PNDCL
254).2
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