ACTS OF GHANA

 IRRIGATION DEVELOPMENT AUTHORITY DECREE, 1977 (SMCD 85)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Establishment of the Irrigation Development Authority.

2. Functions of the Authority.

3. The Board.

4. Tenure of Office of Members of the Board.

5. Qualifications for Appointment as Members.

6. Chief Executive and Deputy Chief Executives.

7. Meeting of the Board.

8. Funds of the Authority.

9. Borrowing Powers.

10. Reserve Fund.

11. Staff of the Authority.

12. Secretary of the Authority.

13. Internal Auditor.

14. Budget.

15. Authority to keep Proper Accounts.

16. Financial Year of the Authority.

17. Audit.

18. Annual Report.

19. Transfer of Assets and Liabilities.

20. Regulations and Bye-laws.

21. Exemption.

22. Council to give Directions.

23. Interpretation.

IRRIGATION DEVELOPMENT AUTHORITY DECREE, 1977 (SMCD 85)

BE IT ENACTED by the Supreme Military Council as follows:—

Section 1—Establishment of the Irrigation Development Authority.

(1) There is hereby established a body to be known as the Irrigation Development Authority hereafter in this Decree referred to as "the Authority".

(2) The Authority shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) Subject to any limitation imposed on it by this Decree relating to its functions, the Authority shall have power to purchase, acquire, manage or dispose of any movable or immovable property and to enter into such contracts and transactions as may be expedient.

(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 Acts, 1960 (CA 6) or the State Lands Act, 1962 (Act 125) as the case may be and each such Act shall 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 the acquisition to be defrayed by the Authority.

Section 2—Functions of the Authority.

The functions of the Authority are:—

(a) to formulate plans for the development of irrigation in the country;

(b) to develop the water resources of the country for irrigated farming, livestock improvement and fish culture;

(c) to execute comprehensive programmes for the effective use of irrigated lands in co-operation with other agencies involved in providing extension services to farmers;

(d) to carry out land-use planning in areas earmarked for development in order to conserve the soil and water resources in those areas;

(e) to lay out the environs of each project area for housing purposes and for the provision of other social amenities;

(f) to co-operate with other agencies for safeguarding the health and safety of all people living within and around irrigation project areas;

(g) to undertake such other activities as are incidental or conducive to the discharge of its functions under this Decree.

Section 3—The Board.

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

(2) The Board shall consist of:

(a) a Chairman;

(b) the Chief Executive appointed under section 6 of this Decree;

(c) the Chief Executive of the Volta River Authority or his representative;

(d) a representative each of the Office of the Supreme Military Council and the Ministries responsible for Agriculture and Economic Planning not below the rank of Principal Assistant Secretary and; [As Substituted by Irrigation Development Authority (Amendment) Decree, 1977 (SMCD 89) s.. 1( i)].

(e) a representative of the Water Resources Research Unit of the Council for Scientific and Industrial Research;

(f) a representative of the Soil Research Institute of the Council for Scientific and Industrial Research;

(g)  a representative of the Faculty of Agriculture, University of Ghana, Legon;

(h) a representative of the Ghana Water and Sewerage Corporation; and

(i) two prominent irrigation farmers appointed by the Government.

Section 4—Tenure of Office of Members of the Board.

(1) The Chairman and other members of the Board other than the Chief Executive shall be appointed by the Supreme Military Council referred to in this Decree as "the Council" and shall hold office for a period of two years.

(2) Any member of the Board may at any time resign his appointment by notice in writing to the Chairman of the Council.

(3) If the office of a member becomes vacant otherwise than as a result of expiry of his term of office or if a member is incapacitated by absence from Ghana, illness or any other sufficient cause from performing the duties of his office, the Council may appoint another person to hold office in his place.

(4) A person appointed to act in the place of a member under the provisions of subsection (3) of this section shall cease to hold office on the date when the person in whose place he held office would have ceased to hold office in accordance with the provisions of this Decree, or when the Council is satisfied that the incapacity of the person in whose place he holds office has terminated whichever is earlier.

(5) Any person on ceasing to be a member of the Board shall be eligible for re-appointment.

Section 5—Qualifications for Appointment as Members.

No person shall be qualified to be appointed or continue to be a member of the Board if:

(a) having been declared insolvent or bankrupt under any law in force in Ghana or in any other country, is an undischarged insolvent or bankrupt;

(b) he is a person of unsound mind or incapable of carrying out his duties;

(c) he is guilty of serious misconduct in relation to his duties;

(d) he is convicted of a felony or any other offence involving fraud, dishonesty or moral turpitude and in each case has not been granted a free pardon;

(e) in the case of a person in possession 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.

Section 6—Chief Executive and Deputy Chief Executives.

(1) The Chief Executive shall, subject to subsection (2) of this section, be appointed by the Council for a period of five years and on such terms and conditions as the Council may determine.

(2) The Chief Executive shall be a person who has a degree in any of the related fields of irrigation for agricultural purposes with not less than fifteen years of proven professional experience of which at least five years must have been in an administrative capacity. [As Substituted by Irrigation Development Authority (Amendment) Decree, 1977 (SMCD 127) s. 1].

(3) Subject to the provisions of this Decree and to the general control of the Board on policy matters, the Chief Executive shall be charged with the direction of the business of the Authority, its administration and organisation and control of employees of the Authority.

(4) The Chief Executive shall be assisted by two Deputy Chief Executives, one of whom shall be an engineer and the other an agronomist.

(5) Where the Chief Executive is incapacitated from the performance of his functions under this Decree the Board may authorise any of the two Deputy Chief Executives of the Authority to perform those functions for the duration of the incapacity.

Section 7—Meeting of the Board.

(1) The Board shall hold meetings at such places and times as the Chairman may determine, so however that the Board shall meet at least once in every three months.

(2) The Chairman shall preside at every meeting at which he is present and in his absence a person elected by the members of the Board present from amongst themselves shall preside.

(3) The quorum at any meeting of the Authority shall be six.

(4) Unless otherwise provided, the decisions at meetings of the Board shall be adopted by a simple majority of the votes of members present and in the case of equality of votes, the Chairman or the person presiding shall have a second or casting vote.

(5) The members of the Board shall be paid in respect of attendance at meetings of the Board, such transport, subsistence and other allowances as the Authority may, with the prior approval of the Council, determine.

(6) The Board may co-opt any person or persons to attend any meeting of the Board as adviser or advisers so, however, that no person so co-opted shall have the right to vote on any matter coming before the Board for decision.

(7) The validity of any proceedings of the Board shall not be affected by any vacancy amongst the members thereof, or by any defect in the appointment of a member thereof.

(8) Any member of the Board who has any interest in any company or undertaking with which the Authority proposes to make any contract or has any interest in any contract which the Authority proposes to make 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 on any decision of the Board concerning such contract and any member who violates the provisions of this subsection shall be liable to be removed from the Board.

Section 8—Funds of the Authority.

(1) The Government may provide to the Authority as working capital and also as money required for carrying out its functions, such sums as the Council may determine.

(2) The funds of the Authority shall also include revenue accruing to it from its operations and any grants or loans from whatever source made to it.

Section 9—Borrowing Powers.

(1) In order to enable the Authority to meet expenditure of a capital nature for the discharge of its functions under this Decree, the Authority may obtain loans and other credit facilities on the guarantee of the Government from such Banks and other financial institutions as the Commissioner responsible for Finance may approve.

(2) The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its current obligations or discharging its functions.

(3) The Commissioner responsible for Finance may on behalf of the Government guarantee the performance of any obligation or undertaking by the Authority under this section.

Section 10—Reserve Fund.

The Authority shall establish and maintain by annual payments from its earnings a depreciation fund for the replacement of fixed assets which have become worn out or become obsolete, and shall establish such capital sinking funds as may be required for expansion and development financing.

Section 11—Staff of the Authority.

(1) The Authority may from time to time engage such employees as may be necessary for the efficient and proper discharge of its functions under this Decree.

(2) The Authority may also engage the services of such consultants and advisers as the Authority may, upon the recommendations of the Chief Executive, determine.

(3) The Board shall, in consultation with the Public Services Commission, be responsible for the appointment and promotion of the employees of the Authority.

(4) The Board, acting on the recommendation of the Chief Executive, shall be responsible for the discipline and removal of the employees of the Authority.

(5) The Board may with regard to such category of employees as it may determine delegate to the Chief Executive the power to appoint, promote, discipline and remove such employees.

(6) Public Officers may be transferred or seconded to the Authority and may otherwise give assistance thereto.

(7) The employees, consultants and advisers of the Authority shall be engaged on such terms and conditions as the Board may on the recommendations of the Chief Executive determine.

Section 12—Secretary of the Authority.

(1) The Authority shall have an officer to be designated as Secretary of the Authority.

(2) The Secretary shall 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.

(3) The Secretary shall also perform such functions as the Board may by writing direct or as the Chief Executive may by writing assign to him.

Section 13—Internal Auditor.

(1) The Authority shall have an Internal Auditor.

(2) Subject to the provisions of this Decree, the Internal Auditor shall be responsible to the Chief Executive for the performance of his functions.

(3) As part of his functions under this Decree, the 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 submit the report to the Chief Executive.

(4) Without prejudice to the general effect of subsection (3) of this section, the Internal Auditor shall make in each report such observations as appear to him necessary as to the conduct of the financial affairs of the Authority during the period to which the report relates.

(5) The Internal Auditor shall send a copy of the report prepared by him to the Council and also to each of the following:

(a)  the Commissioner responsible for Finance;

(b)  the Auditor-General; and

(c)  the Chairman and each of the other members of the Board.

Section 14—Budget.

(1) The Chief Executive shall, not less than three months before the commencement of each financial year, cause to be prepared and submitted to the Board for its approval, proposals for an annual budget of expected revenue and expenditure for that financial year.

(2) The Board shall consider the proposals for the annual budget submitted to it by the Chief Executive under this section and shall, subject to any modifications determined by the Board, approve the annual budget of the Authority for that financial year.

(3) In the case of the first financial year of the Authority the time within which the Chief Executive shall submit the proposals for an annual budget under subsection (1) of this section shall be within two months after the date of commencement of business by the Authority.

Section 15—Authority to keep Proper Accounts.

The Authority shall keep proper books of accounts and other records in relation thereto and the account books and records shall be in such form as the Auditor-General may approve.

Section 16—Financial Year of the Authority.

(1) The financial year of the Authority shall end on the 30th day of June each year.

(2) For the purposes of this section the period extending from the commencement of this Decree to the 30th day of June, 1977 shall be deemed to be a financial year.

Section 17—Audit.

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

(2) The Authority shall pay in respect of such audit such fee (if any) as the Auditor-General and the Board may agree or in case of failure to agree as the Council 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 to the Council.

Section 18—Annual Report.

The Authority shall not later than six months after the end of each financial year submit to the Council an annual report of its operations during the preceding financial year and such report shall include the statement of accounts and the Auditor-General's report.

Section 19—Transfer of Assets and Liabilities.

(1) There shall be transferred and vested in the Authority such assets and liabilities as the Council may by executive instrument determine.

(2) The Authority shall be responsible for such liabilities and contracts as may have been incurred or entered into by any other person or body before the commencement of this Decree in respect of any of the functions of the Authority and specified in an executive instrument made under subsection (1) of this section, and any matter relating to such liabilities and contracts shall be carried out on and after that date by the Authority as if the Authority were such other person.

Section 20—Regulations and Bye-laws.

(1) The Board may, with the approval of the Council by legislative instrument make regulations:—

(a) prohibiting, restricting or regulating the use of any reservoir created for any irrigation project taking the national interest into consideration;

(b) fixing water rate and land improvement charges; and

(c) for carrying into full effect the objects and functions of the Authority.

(2) Subject to the provisions of the Social Security Decree, 1972 (NRCD 127) the Board may make bye-laws for providing the conditions of service of the employees of the Authority.

Section 21—Exemption.

The Authority shall be exempted from the payment of such taxes, rates and duties as the Commissioner responsible for Finance may in writing approve.

Section 22—Council to give Directions.

Subject to the provisions of this Decree the Council may give directions to the Authority on matters of policy and the Authority shall be bound to comply with such directions.

Section 23—Interpretation.

In this Decree unless the context otherwise requires:—

"Authority" means the Authority established by section 1 of this Decree;

"Council" means the Supreme Military Council.

Made this 14th day of April, 1977.

GENERAL I. K. ACHEAMPONG

Chairman of the Supreme Military Council

Date of Gazette Notification: 22nd April, 1977.

 amended by

IRIRRIGATION DEVELOPMENT AUTHORITY (AMENDMENT) DECREE, 1977 (SMCD 89)1.

IRRIGATION DEVELOPMENT AUTHORITY (AMENDMENT) DECREE, 1977 (SMCD 127)2.