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LOCAL GOVERNMENT SERVICE ACT,
2003 (ACT 656)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT OF THE
LOCAL GOVERNMENT SERVICE
Section
1. Establishment of Local
Government Service
2. Membership of the Service
3. Object of the Service
4. Functions of the Service
5. Governing body of the
Service
6. Functions of the Council
7. Tenure of office of members
of the Council
8. Allowances for members
9. Meetings of the Council
10. Conflict of interest
11. Committees of the Council
12. Minister to give directions
PART II—ADMINISTRATION
13. Secretariat
14. Functions of the
Secretariat
15. Head of the Service
16. Office of the Regional
Co-ordinating Council
17. Departments of the Regional
Co-ordinating Council
18. Functions of Departments of
Regional Co-ordinating Council
19. Directorate of the District
Assembly
20. District Co-ordinating
Director
21. Functions of the
Co-ordinating Directorate of a
District Assembly
22. Departments of District
Assembly
23. Heads of Departments of
District Assembly
24. Functions of Departments of
District Assembly
25. Appointment of other staff
of the Service
26. Transfer and secondment of
staff
27. Secretary to the Council
PART III—FINANCIAL PROVISIONS
28. Expenses of the Service
29. Submission of budget
estimates
30. Accounts and audit
31. Annual report and other
reports
32. Regulations
33. Interpretation
34. Transitional provision
35. PNDCL 327 amended
36. Act 462 amended
37. Savings
SCHEDULE
Schedule
THE SIX HUNDRED AND FIFTY-SIXTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE LOCAL GOVERNMENT SERVICE
ACT, 2003
AN ACT to establish a Local
Government Service and to
provide for the objects,
functions, administration and
management of the Service and
for connected purposes.
DATE OF ASSENT: 24th December,
2003.
BE IT ENACTED by Parliament as
follows:
PART I—ESTABLISHMENT OF THE
LOCAL GOVERNMENT SERVICE
Section 1—Establishment of Local
Government Service.
There is established by this Act
a Local Government Service
referred to in this Act as "the
Service".
Section 2—Membership of the
Service.
The Service shall comprise
persons holding non-elected
public office in
(a) Regional Co-ordinating
Councils;
(b) District Assemblies;
(c) Sub-Metropolitan District
Councils, Urban, Zonal, Town and
Area Councils;
(d) the Secretariat of the
Service; and
(e) such other persons as may
be employed for the Service.
Section 3—Object of the Service.
The object of the Service is to
secure the effective
administration and management of
local government in the country.
Section 4—Functions of the
Service.
(1) For the purpose of achieving
its object, the Service shall
(a) provide technical assistance
to District Assemblies, and
Regional Co-ordinating Councils
to enable the District
Assemblies and the Regional
Co-ordinating Councils
effectively perform their
functions and discharge their
duties in accordance with the
Constitution and the Local
Government Act, 1993 (Act 462);
(b) conduct organisational and
job analysis for the Regional
Co-ordinating Councils and the
District Assemblies;
(c) conduct management audits
for Regional Co-ordinating
Councils and District Assemblies
in order to improve the overall
management of the Service;
(d) design and co-ordinate
management systems and processes
for Regional Co-ordinating
Councils and District
Assemblies;
(e) assist the Regional
Co-ordinating Councils and the
District Assemblies in the
performance of their functions
under the Local Government Act,
1993, (Act 462), the National
Development Planning (Systems)
Act, 1994, (Act 480) and under
any other enactment;
(f) perform such other functions
incidental or conducive to the
achievement of the objects of
this Act.
Section 5—Governing Body of the
Service.
(1) The governing body for the
Service shall be known as the
Local Government Service Council
referred to in this Act as "the
Council".
(2) The Council shall consist of
(a) a chairperson who shall be a
person with extensive experience
in local government matters;
(b) a representative of the
Ministry responsible for Local
Government other than the
Minister or the Deputy Minister;
(c) a representative of the
National Development Planning
Commission;
(d) a representative of the
Ghana Education Service;
(e) a representative of the
Ghana Health Service;
(f) the Head of the Service;
(g) the Administrator of the
District Assemblies Common Fund
or a representative of the
Administrator;
(h) a representative of the
National Association of Local
Authorities of Ghana (NALAG);
(i) a representative of the
Local Government Workers' Union;
(j) a representative of the
Institute of Local Government
Studies;
(k) a representative of the
National House of Chiefs; and
(l) four other persons with
considerable knowledge of local
government matters at least two
of whom are women.
(3) The chairperson and other
members of the Council shall be
appointed by the President in
consultation with the Council of
State.
Section 6—Functions of the
Council.
The Council shall have general
management and control of the
Service and shall
(a) recommend to the Minister
matters of policy relating to
the management of the Service;
(b) ensure the implementation of
the functions of the Service;
(c) recommend to the Minister a
scheme of service prescribing
the terms and conditions of
service as well as the
remuneration of the employees of
the Service;
(d) develop policy guidelines
for handling matters relating to
recruitment, training,
promotion, remuneration,
discipline, arbitration and
petition within the Service;
(e) set performance standards
within which District Assemblies
and Regional Co-ordinating
Councils shall carry out their
functions and discharge their
duties;
(f) monitor and evaluate the
performance standards of
District Assemblies and Regional
Co-ordinating Councils;
(g) develop and co-ordinate the
personnel plans and assess the
personnel needs of the District
Assemblies and the Regional
Co-ordinating Councils in
consultation with the respective
Assemblies and Co-ordinating
Councils;
(h) develop and co-ordinate the
training implementation plans of
District Assemblies and Regional
Co-ordinating Councils in
consultation with the respective
Assemblies and Co-ordinating
Councils;
(i) develop professional
standards and guidelines for the
various categories of staff who
are members of the Service;
(j) work in consultation and
close co-operation with other
services of the public service;
(k) perform such other functions
as may be assigned to it by or
under this Act or any other
enactment; and
(l) advise the Minister on such
matters as the Minister may
request.
Section 7—Tenure of Office of
Members of the Council.
(1) The members of the Council
other than the ex-officio
members shall hold office for
four years and shall on the
expiration of that term be
eligible for re-appointment for
one more term only.
(2) Any member of the Council
other than an ex-officio member
may resign from office in
writing addressed to the
President through the Minister.
(3) Where the office of a member
of the Council other than an
ex-officio member becomes vacant
by death, resignation or any
other cause before the
expiration of that member's term
of office, the Minister shall
notify the President of the
occurrence of the vacancy and
the President shall, acting in
consultation with the Council of
State, appoint another person in
the place of that member to hold
office for the unexpired term of
office of that member's term of
office.
(4) Where it appears to the
President on the recommendation
of the Minister that a member of
the Council is incapacitated by
absence from the country or
illness or any other cause from
performing the duties of office
as member, the President may
appoint another person to hold
the office of the member until
such time as the President is
satisfied that the incapacity of
that person has terminated or
until the term of the member
expires whichever occurs first.
(5) A member of the Council
other than an ex-officio member
who is absent from three
consecutive ordinary meetings of
the Council without reasonable
cause shall cease to be a
member.
(6) The President may in writing
remove a member for non
performance or stated cause.
Section 8—Allowances for
Members.
Members of the Council, co-opted
members and members of
committees of the Council shall
be paid such allowances as shall
be determined by the Minister in
consultation with the Minister
for Finance.
Section 9—Meetings of the
Council.
(1) The Council shall meet for
the despatch of business at such
times and in such places as the
Chairperson may determine but
shall meet at least once in
every three months.
(2) The Chairperson shall, upon
the request of not less than
one-third of the membership,
convene a special meeting of the
Council.
(3) The quorum at a meeting of
the Council shall consist of
seven members including the head
of the Service or the person
acting in that capacity.
(4) Decisions of the Council
shall be by majority votes of
the members present and voting
and in the event of equality of
votes the Chairperson or person
presiding shall have a second or
a casting vote.
(5) The Council may co-opt any
person to attend any of its
meetings but a co-opted person
cannot vote at the meeting.
(6) The validity of the
proceedings of the Council shall
not be affected by a vacancy
among its members or by a defect
in the appointment or
qualification of a member.
(7) Except as otherwise
provided, the Council shall
determine and regulate the
procedure for its meetings.
Section 10—Conflict of Interest.
(1) Any member of the Council
who has an interest in a
contract or other transaction
proposed to be entered into with
the Service shall disclose in
writing to the Council the
nature of the interest and the
member is disqualified from
participating in any
deliberations of the Council in
respect of the contract or other
transactions.
(2) A member of the Council who
contravenes subsection (1) of
this section is liable to be
removed from the Council.
Section 11—Committees of the
Council.
(1) The Council may for the
discharge of its functions
appoint committees of the
Council consisting of members or
non-members or both and may
assign to the committees such of
its functions as it may
determine.
(2) The Council shall determine
the membership, functions and
terms of reference of a
committee.
(3) In exercise of its powers
under this section, the Council
shall in consultation with the
Regional Co-ordinating Council
or the District Assembly
concerned appoint
(a) appointments and promotions
committees; and
(b) disciplinary committees at
the regional and district
levels.
Section 12—Minister to give
Directions.
The Minister may issue
directives in writing to the
Council on matters of policy and
the Council shall comply with
the directives.
PART II—ADMINISTRATION
Section 13—Secretariat.
(1) There is established by this
Act a Local Government Service
Secretariat referred to in this
Act as "the Secretariat".
(2) The Secretariat shall be
under the Council.
Section 14—Functions of the
Secretariat.
The Secretariat shall
(a) be responsible for the day
to day administration of the
Service ;
(b) provide technical and other
support to the Service and to
the Council for the execution
and performance of the functions
under this Act;
(c) be responsible for
implementing the decisions of
the Council;
(d) ensure the effectiveness of
the Service;
(e) perform such other
functions as the Council may
specify; and
(f) perform such functions as
are incidental to the effective
operation of the Service.
Section 15—Head of the Service.
(1) There shall be a head of the
Local Government Service who
shall be appointed by the
President in accordance with the
advice of the Council given in
consultation with the Public
Service Commission.
(2) The Head of Service shall
also be the head of the
Secretariat.
(3) The head of Service shall
hold office on such terms and
conditions as shall be specified
in the letter of appointment.
(4) The head of Service shall,
subject to the general
directions of the Council, be
responsible for the efficient
organisation and management of
the Service and for the day to
day operation of the
Secretariat.
(5) The head of Service may
delegate the functions of the
office to an officer of the
Service but shall not be
relieved from the ultimate
responsibility for the discharge
of the delegated function.
(6) The head of Service shall
(a) provide leadership and
guidance in the performance of
the functions of the Service and
the implementation of the
decisions of the Council;
(b) ensure the effective
organisation and development of
training programmes consistent
with the sectoral requirements
of the Service;
(c) establish, with the approval
of the Council, systems for
effective inter-service and
sectoral collaboration and
co-operation between the
Service, the Education Service,
the Health Service, the Forestry
Service and other Services, to
harmonise local government
programmes and avoid
duplication; and
(d) initiate plans and
programmes within the Service,
for the consideration and
approval of the Council, to
activate and accelerate the
local government
decentralization process in
accordance with the
Constitution, the Local
Government Act, 1993, (Act 462)
and any other enactment.
Section 16—Office of the
Regional Co-ordinating Council.
(1) There shall be an office of
the Regional Co-ordinating
Council in each region of the
country.
(2) The Regional Co-ordinating
Director shall be the
administrative head of the
Regional Co-ordinating Council
and shall be responsible to the
Regional Minister.
(3) The Regional Co-ordinating
Director shall have the
conditions of service as may be
determined by the Council.
(4) The Regional Co-ordinating
Director shall ensure the
effective and efficient
performance of the office of the
Regional Co-ordinating Council.
(5) A person assigned from any
public office to the office of
the Regional Co-ordinating
Council shall be an officer of
the Regional Co-ordinating
Council.
(6) The Regional Co-ordinating
Council shall be responsible for
the work, career progression and
discipline of the officers of
the Regional Co-ordinating
Council.
Section 17—Departments of the
Regional Co-ordinating Council.
(1) Government departments in
any region of the Civil Service
shall be known as Departments of
the Regional Co-ordinating
Council.
(2) The heads of departments of
a Regional Co-ordinating Council
are answerable in the
performance of their duties to
the Regional Co-ordinating
Council.
Section 18—Functions of
Departments of Regional
Co-ordinating Council.
The Departments of a Regional
Co-ordinating Council shall
(a) implement the decisions of
the Regional Co-ordinating
Council; and
(b) provide quarterly reports on
the implementation of policies
and programmes to the Regional
Co-ordinating Council through
the office of the Regional
Co-ordinating Council.
Section 19—Directorate of the
District Assembly.
There shall be a Co-ordinating
Directorate of the District
Assembly.
Section 20—District
Co-ordinating Director.
(1) The shall be a District
Co-ordinating Director for each
district in Ghana who shall be
the Secretary to the Assembly
and head of the District
Co-ordinating Directorate.
(2) A District Co-ordinating
Director shall ensure that the
functions and responsibilities
of the office are efficiently
and effectively carried out.
(3) A District Co-ordinating
Director is answerable to the
District Chief Executive in the
performance of functions under
this Act.
(4) Staff of a District Assembly
are answerable to the District
Chief Executive through the
District Co-ordinating Director.
(5) A District Assembly is
responsible for the career
progression and discipline of
the officers in the Office of
the District Assembly.
Section 21—Functions of the
Co-ordinating Directorate of a
District Assembly.
The Co-ordinating Directorate of
a District Assembly is
responsible for assisting the
District Assembly in the
performance of its duties under
the Local Government Act 1993
(Act 462), the National
Development Planning (Systems)
Act 1994 (Act 480) and any other
enactment for the time being in
force.
Section 22—Departments of
District Assembly.
The decentralised government
Departments in the District
shall be known as the
Departments of the District
Assembly.
Section 23—Heads of Department
of District Assembly.
(1) Departments of a District
Assembly, shall be headed by
heads of Department of the
District Assembly who shall be
responsible for the efficient
and effective performance of the
functions and responsibilities
assigned to the Departments.
(2) The heads of Departments
shall be answerable to the
District Chief Executive through
the District Coordinating
Director.
Section 24—Functions of
Departments of District
Assemblies.
The Departments of District
Assemblies shall
(a) be responsible for the
implementation of the decisions
of the District Assemblies; and
(b) provide quarterly reports on
the implementation of decisions
of the Assemblies to the
Executive Committees of the
respective District Assemblies
through the offices of the
District Assembly.
Section 25—Appointment of Other
Staff of the Service.
(1) The Service shall have such
other officers and staff as may
be necessary for the proper and
effective performance of its
functions.
(2) The staff of the Service
shall perform such functions as
are conferred on them under this
Act or any other enactment.
(3) The President shall in
accordance with the advice of
the Council given in
consultation with the Public
Services Commission and on such
terms and conditions as may be
determined, appoint the officers
and staff of the Service.
(4) The President may in
accordance with article 195(2)
of the Constitution delegate the
power of appointment of the
public officers under this Part.
(5) The Council may engage the
services of such consultants and
advisers as it may determine
upon the recommendation of the
head of the Service.
Section 26—Transfer and
Secondment of Staff.
(1) Officers and staff may be
transferred or seconded from any
public service to the Service.
(2) The Minister shall approve
the transfer or secondment to
the Service.
Section 27—Secretary to the
Council.
(1) The Minister shall, acting
in consultation with the head of
Service, designate an officer of
the Service as the Secretary to
the Council.
(2) The Secretary shall arrange
the business for and cause to be
recorded and kept the minutes of
the meetings of the Council.
(3) The Secretary shall also
perform such functions as the
Council or the Head of Service
may assign to the Secretary.
(4) The Secretary shall be
assisted in the discharge of the
functions of office as Secretary
by such of the staff of the
Service as the Council may on
the recommendation of the head
of Service direct.
(5) The Secretary shall in the
discharge of his or her
functions as Secretary be
subject to the administrative
control of the Head of Service.
PART III—FINANCIAL PROVISIONS
Section 28—Expenses of the
Service.
The expenses of the Service,
including the administrative
expenses, salaries, allowances,
operational and other expenses
of the Service, as well as
retirement benefits payable in
respect of persons employed by
the Service, shall be a charge
on the Consolidated Fund.
Section 29—Submission of Budget
Estimates.
(1) The head of Service shall,
not later than three months
before the end of each financial
year, prepare and submit to the
Minister through the Council,
the budget estimates of
expenditure to be incurred by
the Service during the next
financial year.
(2) The budget estimates shall
be in the form approved for that
purpose by the Minister
responsible for Finance.
(3) New or special expenditure
shall receive the approval of
the Council before being
submitted to the Minister for
approval.
(4) Except with the approval of
the Minister responsible for
Finance, given in consultation
with the Minister, no further
sum shall be expended during a
financial year other than as
provided in the estimates
relating to the financial year.
Section 30—Accounts and Audit.
(1) The Service shall keep books
of account and proper records in
relation to them which shall be
prepared in a form approved by
the Auditor-General.
(2) The Auditor-General shall
audit the accounts of the
Service within six months after
the end of each financial year.
(3) The financial year of the
Service shall be the same as the
financial year of the
government.
Section 31—Annual Report and
Other Reports.
(1) The Council shall within
eight months after the end of
each financial year submit to
the Minister an annual report
covering the activities and the
operations of the Service for
the year to which the report
relates.
(2) The annual report submitted
under subsection (1) shall
include the report of the
Auditor-General.
(3) The Council shall also
submit to the Minister such
other reports as the Minister
may require in writing.
(4) The Minister shall within
two months after the receipt of
the annual report submit a
report to Parliament with such
statement as the Minister may
consider necessary.
Section 32—Regulations.
(1) The Minister may, on the
advice of the Council, make
Regulations necessary to give
effect to the provisions of this
Act and to regulate any matter
that falls within the scope of
the functions of the Service.
(2) Without limiting subsection
(1), Regulations made under this
section may provide for
(a) institutional co-operation
between the Service and other
branches of the public service;
(b) recruitment procedures for
members of the Service;
(c) promotion procedures for
members of the Service;
(d) disciplinary procedures for
members of the Service; and
(e) transfer and posting
procedures for members of the
Service.
Section 33—Interpretation.
In this Act unless the context
otherwise requires,
"Council" means the Local
Government Service Council
established under section 5 of
this Act;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"Minister" means the Minister
responsible for Local
Government;
"NALAG" means the National
Association of Local Authorities
of Ghana; and
"Service" means the Local
Government Service.
Section 34—Transitional
Provision.
On the coming into force of this
Act, the members of staff of the
branches, divisions or units of
the departments specified in the
Schedule to this Act shall be
deemed to have been transferred
to a Department of a District
Assembly as determined by the
Minister and shall form part of
the Service from the date of
transfer.
Section 35—P.N.D.C.L. 327
Amended.
(1) The Civil Service Law, 1993
(P.N.D.C.L. 327) is amended as
follows:
(a) in subsection (3) of
section 1 by the repeal of the
words "both" and "and local";
(b) in section 4 (a) by the
repeal of subparagraphs (iv),
(v), (vi), (vii);
(c) by the repeal of Part V;
(d) by the repeal of section
45;
(e) in section 46 by the
deletion of the words "Regional
and District";
(f) by the repeal of
subsections (3) and (4) of
section 62; and
(g) in section 70 by the
deletion of the words "and
decentralized administration".
(2) On the coming into force of
this Act, the Civil Service Law
1993, (P.N.D.C.L. 327) shall
cease to apply to the Service
established under this Act and
its members.
Section 36—Act 462 Amended.
The Local Government Act, 1993
(Act 462) is amended
(a) in section 146 by the repeal
of subsection (1);
(b) in the Eighth Schedule by
the deletion of the following:
(i) Forestry Department;
(ii) office of the District
Medical Officer of Health;
(ii) National Fire Service;
(iii) Department of Games and
Wildlife.
Section 37—Savings.
Notwithstanding the repeals
specified in section 35 (1) any
regulations or other statutory
instrument made under or
continued in force under the
Civil Service Law, 1993
(P.N.D.C.L. 327) and in force
immediately before the date of
coming into force of this Act
shall continue to apply with the
necessary modification to
members of the Service
established under this Act
unless made inapplicable by law.
SCHEDULE
(Section 34)
(i) Department of Social
Welfare;
(ii) Department of Community
Development;
(iii) Department of Town and
Country Planning;
(iv) Public Works Department;
(v) Department of Parks and
Gardens;
(vi) Department of Rural Housing
and Cottage Industries;
(vii) Births and Deaths
Registry;
(viii) Controller and
Accountant-General's Department;
(ix) Department of Feeder Roads;
(x) Department of Animal Health
and Production;
(xi) Agricultural Extension
Services Division;
(xii) Crop Services Division;
(xiii) Department of
Agricultural Engineering;
(xiv) Office of the District
Sports Organiser;
(xv) Office of the National
Youth Organising Commission;
(xvi) Department of
Co-operatives;
(xvii) Ghana Library Board.
Date of Gazette notification:
31st December, 2003.
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