ACTS OF GHANA

GRAINS DEVELOPMENT BOARD ACT, 1970 (ACT 324)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of the Board

2. Membership of the Board

3. Functions of the Board

4. Terms of membership

5. Meetings of the Board

6. Staff

7. Funds of the Board

8. Accounts and audit

9. Remuneration

10. Power to make legislative instrument

11. Interpretation.

THE THREE HUNDRED AND TWENTY-FOURTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE GRAINS DEVELOPMENT BOARD ACT, 1970

AN ACT to establish and incorporate the Grains Development Board, to provide for its functions and maintenance and to provide for connected or incidental matters.

DATE OF ASSENT : 17th April, 1970

BE IT ENACTED by the Presidential Commission and the National Assembly in this present Parliament assembled as follows:—

Section 1—Establishment of the Board.

(1) There is hereby established a body corporate which shall be known as the Grains Development Board (hereinafter referred to as the "Board").

(2) The Board shall have perpetual succession and a common seal, and may sue and be sued in its corporate name.

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

(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 Board under the State Property and Contracts Act, 1960 (C.A. 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 modification 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 2—Membership of the Board.

(1) The Board shall consist of—

(a) a Chairman;

(b) the person appointed Executive Secretary under section 6 of this Act;

(c) a representative of the Ministry responsible for Agriculture;

(d) four other members to be appointed from among farming, business, financial, consumer and other interests whose representation on the Board may be found necessary by the Board; and

(e) two other members to be appointed from farmers' associations organised in accordance with subsection (1)(b) of section 3 of this Act.

(2) All members of the Board including the Chairman shall be appointed by the President acting on the advice of the Prime Minister.

Section 3—Functions of the Board.

(1) The functions of the Board shall be—

(a) to undertake the multiplication of improved seeds and their supply to farmers;

(b) to organise grain and legume farmers and farmers' associations through which credit and production requisites can be channelled to the producers, and to assist the farmers' associations to market their produce until such time as they can manage most of the services themselves;

(c) the creation of marketing facilities for grain and legumes crops;

(d) to collect statistical data on grains and legumes for the purpose of planning the production of these crops to meet local demands and for export; and

(e) to co-ordinate and assist research into problems of grains and legumes and the organisation of extension work on them.

(2) Without prejudice to the general effect of subsection (1) of this section, the Board shall have power to carry out the following activities:—

(a) to develop lands suitable for large scale production of grain and legume crops, and give them out in viable farm units to farmers on such conditions of tenure that will help the Board to achieve its objects and assure the farmers of security of tenure; and

(b) to mobilise funds from local and foreign sources for the purpose of running "small credit" schemes for the farmers' associations that produce grains and legumes.

Section 4—Terms of Membership.

(1) The Chairman and members of the Board shall hold office for three years and shall be eligible for re-appointment.

(2) A member, including the Chairman may resign his  membership of the Board by notice in writing addressed to the President through the Minister.

(3) A member, including the Chairman may be removed from membership of the Board only when he—

(a) becomes a person of unsound mind;

(b) is absent from three consecutive meetings of the Board without permission;

(c) is proved guilty of serious misconduct in relation to his duties as Chairman or member of the Board;

(d) is sentenced to death or to imprisonment for a term exceeding 12 months without the option of a fine or is convicted of an offence involving dishonesty;

(e) is declared insolvent or bankrupt under any law in force in Ghana or in any other country; or

(f) (if he were a person possessed of professional qualifications) 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.

Section 5—Meetings of the Board.

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

(2) The Chairman may, and shall on request in writing of not less than five members of the Board, call an extraordinary meeting of the Board at such time and place as he may determine.

(3) The Chairman if present, shall preside at every meeting of the Board, and in his absence any member of the Board designated by the Chairman shall preside at the meeting.

(4) If no member of the Board is so designated the members of the Board present shall elect one of their number to preside at the meeting.

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

(6) Subject to other provisions of this Act, all questions proposed at a meeting of the Board shall be determined by a simple majority of the members present and voting and where the votes are equal the Chairman or the person presiding shall have a second or casting vote.

(7) The Board may, and shall, if the Minister thinks fit, request the attendance of any person to act as adviser at any meeting of the Board and that person while so attending shall have all the powers of a member except that he is not to vote on any question and his presence at the meeting is not to count towards the constitution of a quorum.

(8) The validity of any act or proceedings of the Board shall not be affected by any vacancy among its members or any defect in the appointment of a member thereof.

(9) Subject to the preceding provisions of this section the Board may regulate its own procedure.

Section 6—Staff.

(1) The Board may, subject to such limitation as to number as may be imposed on it by the Minister, appoint and employ such officers and staff including the Executive Secretary as it may think necessary for the proper discharge of its functions under this Act and there shall be paid to such officers and staff such salaries or remuneration as the Minister may, in consultation with the Minister responsible for Finance, approve.

(2) Public officers with suitable qualifications may be transferred or seconded to the Board upon such terms and conditions as the Board may, in consultation with the Minister, determine.

(3) The Board may also engage the services of such consultants, advisers and other persons and upon such conditions as the Board may, in consultation with the Minister determine.

Section 7—Funds of the Board.

(1) The funds of the Board shall include—

(a) any grants received from the Government by the Board for the discharge of its functions;

(b) any loans granted to the Board by the Government or any other body or person;

(c) any money accruing to the Board in the course of the performance of its functions under this Act; and

(d) any gifts.

(2) All moneys received by or on behalf of the Board shall be deposited to the credit of the Board in a bank approved by the Board.

Section 8—Accounts and Audit.

(1) The Board shall keep proper books of accounts and prepare proper records in relation thereto all of which shall be in such form as the Auditor-General may approve.

(2) The Board shall submit to the Minister such report of the Board's financial affairs as the Minister may at any time require.

(3) The books and accounts of the Board shall be submitted to the Auditor-General within three months after the end of every financial year and the Auditor-General shall cause them to be audited as required by article 135 of the Constitution.

(4) The Auditor-General may make to the Board or to the Minister such reports as the Auditor-General may consider necessary.

Section 9—Remuneration.

No remuneration shall be paid to a member of the Board by reason of his membership of the Board, but a member shall be reimbursed for travelling, transport and subsistence expenses approved by the Board and incurred by him in attending a meeting of the Board or an authorised conference abroad on behalf of the Board.

Section 10—Power to make Legislative Instrument.

The Minister may by legislative instrument make such provision not inconsistent with this Act, as appears to him to be necessary to give effect to the provisions and principles of this Act and may include in any such instrument provisions relating to any matter falling within the scope of the functions of the Board.

Section 11—Interpretation.

In this Act—

"Minister" means the Minister responsible for  Agriculture.

"Financial year" means the financial year of the Government.