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MANAGEMENT  DEVELOPMENT  AND  PRODUCTIVITY  INSTITUTE INSTRUMENT, 1976 (LI 1077).

IN exercise of the powers conferred on the Supreme Military Council by sections 1, 2 and 4 of the Statutory Corporations Act, 1964 (Act 232) this Instrument is made this 23rd day of June, 1976.

PART I—INCORPORATION OF MANAGEMENT DEVELOPMENT AND PRODUCTIVITY INSTITUTE

Paragraph 1—Incorporation of Institute.

There is hereby established a body corporate to be known as the Management Development and Productivity Institute (hereafter referred to in this Instrument as " the Institute").

Paragraph 2—Compulsory Acquisition of Property for Institute where there is Hindrance

Where there is any hindrance to the acquisition by the Institute of any property the property may be acquired for the Institute 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 Act shall, as the case may be, apply in relation to any such acquisition with such modifications as may be necessary to provide for the vesting of the property acquired thereunder in the Institute and for the cost of such acquisition to be defrayed by the Institute.

PART II—OBJECTS OF THE INSTITUTE

Paragraph 3—Objects.

(1) The objects of the Institute shall be:

(a) to improve and develop the standard of management in all aspects at all levels;

(b) to introduce suitable management practices and techniques; and

(c) to promote increased efficiency and productivity in industry, commerce and other related fields.

(2) The institute shall, for the attainment of its objects under sub-paragraph (1) of this paragraph,

(a) organise training courses, conferences or seminars, for personnel from all sectors of industry, commerce and agriculture, and particularly organise functional courses in industrial engineering, marketing and sales, accounting, general management, personnel administration, data processing and other related subjects;

(b) provide an advisory and consulting service to all sectors of industry including agriculture and commerce on the solution of problems concerning the raising of productivity and efficiency;

(c) carry out studies, inquiries and research in the fields of management development and productivity in cooperation with industry and organisations with related interests;

(d) provide training, advisory and consultancy assistance to Ghanaian enterprises in both the public and private sectors of the economy in accordance with the Government's declared policy on the promotion of indigenous Ghanaian enterprises;

(e) undertake the publication of information collected, and the results of its studies, inquiries and surveys, in the form of books, periodicals, bulletins, and bibliographies;

(f) serve is an Institute for collecting information on the most modern developments in management and organisation and make such information readily and constantly available to those responsible for raising the level of the national economy;

(g) carry out productivity measurement and macro-micro economic studies to determine the relative efficiency, profitability and viability of various sectors of industry and the extent to which they can contribute to or detract from the objectives of developing successful industries which can contribute to the financial health of Ghana and assist in the solutions to the problems of unemployment.

PART III—THE BOARD

Paragraph 4—The Board.

(1) The governing body of the Institute shall be the Board of Governors hereafter to referred  to in this Instrument as "the Board".

(2) The Board shall consist of a Chairman and the following persons—

(a) the person appointed Director of the institute under paragraph 10 of this Instrument.

(b) one representative each from—

(i) the Ministry responsible for Labour;

(ii) the Ministry responsible for Economic Planning;

(c) a representative of Ghana Employers' Association;

(d) a representative of the Ghana Trades Union Congress;

(e) four businessmen with proven level of competence and experience in the fields of management development and productivity.

(3) The Chairman and all the other members of the Board shall be appointed by the Supreme Military Council (referred to in this Instrument as "the Council").

(4) The Chairman and the other members of the Board except the Director of the Institute shall hold office for a period not exceeding two years and shall on expiry of their term of office be eligible for re-appointment

(5) With the exception of the members of the Board specified in sub-paragraph (2) (a) and (b) of this paragraph the Chairman or any other member of the Board may at any time resign his office in writing addressed to the Commissioner.

(6) The Chairman or a member of the Board shall cease to hold office if he—

(a) is adjudged to be of unsound mind;

(b) is convicted of an offence involving dishonesty, fraud or moral turpitude; or.

(c) has been adjudged insolvent or bankrupt under any law in force in Ghana or in any other country.

Paragraph 5—Remuneration of Members of the Board.

The Board may pay to its members or to persons co-opted under paragraph 8 such subsistence, travelling and other allowances as the Commissioner in consultation with the Commissioner responsible for Finance may determine.

Paragraph 6—The Powers of the Board.

The Board shall, subject to the provisions of this Instrument, have general control of the properties, business, funds and any other interests and concerns of the Institute.

Paragraph 7—Meetings of the Board.

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

(2) The Chairman, if present at a meeting of the Board, shall preside, and in his absence, the members present shall appoint from their number a Chairman for that meeting.

(3) 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 person presiding shall have a second or casting vote.

(4) The quorum at any meeting of the Board shall be six.

(5) No vacancy among members of the Board or a defect in the appointment of a member shall affect the validity of any proceedings of the Board.

Paragraph 8—The Board may Co-opt Persons to Attend its Meetings.

(1) The Board may at any time co-opt any person to act as adviser at any of its meetings.

(2) No such person shall be entitled to vote on any matter for decision by the Board.

Paragraph 9—Board to appoint Committee.

The Board may appoint such committee or committees as it considers necessary for the efficient discharge of its functions under his Instrument.

PART IV—MANAGEMENT AND STAFF OF INSTITUTE

Paragraph 10—Director of the Institute.

(1) The Institute shall have a Director who shall be appointed     by the Supreme Military Council on such terms and conditions as may be specified in his Instrument of appointment.

(2) The Director shall be the Chief Executive of the Institute and shall be responsible to the Board for the direction of the business of the Institute and for the administration and organisation and control of all employees of the institute.

(3) If the Director is absent from Ghana or is otherwise incapacitated from performing the functions of his office the Board may authorise any officer of the Institute to perform those functions until such time that the Director shall be able to perform his functions under this Instrument.

Paragraph 11—Execution of Contracts, Etc.

(1) The use of the seal of the Institute shall be authenticated by the signature of the Director.

(2) The institute may by instrument in writing under its common seal empower any person either generally or in respect of any specified matters as its attorney to execute deeds on its behalf in any place not situated in Ghana; and every deed signed by such attorney on behalf of the Institute and under its seal, shall be binding on the Institute and have the same effect as if it were under the common seal of the Institute.

(3) Any Instrument or contract which, if executed or entered        into by a person other than a body corporate would not require to be under seal, may be executed or entered into on behalf of the Institute by the Director or any member of the Board if such member has been authorised by a resolution of the Board to execute or enter into that instrument or contract.

Provided that if the Institute thinks fit it may by writing under its common seal appoint any person outside Ghana as agent to execute the instrument or enter into the contract and the instrument or contract if executed or entered into on behalf of the Institute shall have effect as if it had been duly executed or entered into as prescribed for the purposes of this sub-paragraph.

(4) Every document purporting to be an instrument executed or issued by or on behalf of the Institute and to be—

(a) sealed with the common seal of the Institute authenticated in the manner provided in sub-paragraph (1) of this paragraph; or

(b) signed by and under the seal of a person appointed as attorney under sub-paragraph (2) of this paragraph; or

(c) signed by the Director or a member of the Board duly authorised in accordance with sub-paragraph (3) of this paragraph to act for that purpose,

shall be deemed to be so executed or issued until the contrary is shown.

(5) The provisions of this paragraph shall have effect subject to the provisions of paragraph 10 of this Instrument and section 12 of the Contracts Act, 1960 (Act 25).

Paragraph 12—Staff

(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 Institute.

(2) The selection and career progression of the management staff of the Institute shall be based on education, professional qualification and experience.

(3) Subject to the provisions of sub-paragraph (2) of this paragraph the Board shall be responsible for the appointment, discipline and removal of the management staff of the Institute.

(4) Public officers may be transferred or seconded to the Institute on such terms and conditions as the Board may, in consultation with the Commissioner, determine.

(5) Except as provided in sub-paragraph (3) of this paragraph the Director shall be responsible for the appointment, discipline and removal of all other employees of the institute.

Paragraph 13—Funds

(1) The funds of the Institute shall include—

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

(b) any money accruing to the Institute in the course of the performance of its functions, including fees charged in respect of training and consulting services and proceeds of sale of books and periodicals;

(c) all donations accruing to the Institute from any source;

(d) all contributions to the Institute made by the United Nations Special Fund and other organisations or persons interested in the objects of the Institute.

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

Paragraph 14—Estimates.

The Director shall cause to be prepared not later than three months before the commencement of each financial year, a budget showing the estimates of revenue and expenditure of the Institute for that financial year and shall submit such estimates to the Board for approval.

Paragraph 15—Borrowing powers.

(1) The Institute may with the prior approval of the Commissioner and the Commissioner responsible for Finance borrow money from any source.

(2) Notwithstanding sub-paragraph (1) of this paragraph the Institute may borrow temporarily by way of overdraft or otherwise, such sums as it may require for meeting its current obligations or the discharge of its functions.

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

Paragraph 16—Accounts and Audit.

(1) The Board shall cause to be prepared not later than three    months after the end of each financial year,

(a) a statement of the income and expenditure of the       Institute for the year ending on the 30th day of June immediately preceding; and

(b) a statement of the assets and liabilities of the Institute as they stood on the said 30th day of June.

(2) Such statement duly certified by the Director shall be submitted to, and audited by, the Auditor-General within six months after the end of the preceding financial year.

(3) Certified copies of the statement, together with the Auditor General's Report thereon, shall be forwarded by the Board to the Commissioner and shall be published by the Board in such manner, as the Commissioner may direct.

Paragraph 17—Institute's Financial Year.

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

PART VI—MISCELLANEOUS

Paragraph 18—Exemption from Taxes.

The Institute shall be exempted from any taxes, rates or duties in respect of its property imposed under any enactment for the time being in force.

Paragraph 19—The Institute may Make Bye-Laws.

(1) The Board may make bye-laws or other Instruments not inconsistent with the provisions of this Instrument for the purposes of regulating its business or any matter falling within the scope of the objects and functions of the Institute.

(2) Without prejudice to sub-paragraph (1) of this paragraph the Board may, subject to the provisions of the Social Security Decree, 1972 (N.R.C.D. 127), make bye-laws under that sub-paragraph for providing the conditions of service of the employees of the Institute

Paragraph 20—Interpretation.

 In this Instrument—

"Commissioner " means the Commissioner responsible, for Labour, Social Welfare and Co-operatives;

"management staff" means any employee of the Institute who is not member of a trade union as defined in the Industrial Relations Act, 1965 (Act 299).

Paragraph 21—Dissolution of the Centre and Transfer of its Assets and Liabilities.

(1) The National Productivity Centre existing immediately before the commencement of this Instrument under the Instrument of Incorporation of the National Productivity Centre, 1965 (L. 1. 487) is hereby dissolved and the said Instrument is hereby revoked.

(2) The assets, rights, liabilities and obligations vested in or subsisting against the National Productivity Centre before the commencement of this Instrument (including obligations under contracts of employment) are hereby transferred to the Institute.

Paragraph 22—Commencement.

This Instrument shall come into force on the 1st day of July, 1976.

GENERAL I. K. ACHEAMPONG

Chairman of the Supreme Military Council

Date of Gazette Notification: 2nd July, 1976.