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IMMIGRATION SERVICE ACT, 2016
(ACT 908)
ARRANGEMENT OF SECTIONS
Section
The Immigration Service
1.Establishment
of the Service
2."Members
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.Meetings
of the Council
9.Disclosure
of interest
10.Establishment
of committees
11.Secretary
to the Council
12.Allowances
13.Ministerial
oversight
Administrative Provisions
14.The
Comptroller-General
15.Functions
of the Comptroller-General
16.Deputy
Comptrollers-General
17.Functions
of a Deputy Comptroller-General
18.Commissioners
Financial Provisions
19.Funds
of the Service
20.Expenses
of the Service
21.Accounts
and audit
22.Internal
Auditor
23.Annual
report and other reports
General Provisions
24.Power
to use fire arms
25.Obedience
to lawful order
26.Indemnity
for an act done in good faith
27.Unlawful
possession of uniform and other
property of the Service
28.Causing
disaffection
29.Complaint
by member of the public
Miscellaneous Provisions
30.Regulations
31.Interpretation
32.Repeal
and saving
33.Consequential
amendment
34.Transitional
provisions
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
IMMIGRATION SERVICE ACT, 2016
(ACT 908)
AN ACT to provide for the
organisation and administration
of the Immigration Service and
for related matters.
DATE OF ASSENT: 4TH
DAT OF FEBRUARY 2016
PASSED by Parliament and
assented to by the President:
The Immigration Service
Establishment
of the
Service
1.
There is established by this Act
the Immigration Service in
accordance with article 190 of
the Constitution.
Members of the Service
2. The members of the Service
are
(a)
the persons holding the posts,
specified in the Schedule, and
(b)
any other persons employed by
the Service.
Object of the Service
3.
The object of the Service is to
(a)
ensure the effective
administration and management of
migration in the country; and
(b)
contribute to national security.
Functions of the Service
4.
(1) For the purpose of achieving
the object, the Service shall
(a)
subject to existing laws,
examine travel documents of
persons entering or leaving the
country through the borders;
(b)
ensure the application and
enforcement of laws relating to
the immigration and employment
of non-Ghanaians in the country;
(c)
advise on and implement
international co-operation
agreements with other countries
and international organisations
on matters relating to
migration;
(d)
manage and patrol the borders of
the country;
(e)
through the Comptroller-General
or the duly authorised
representative of the
Comptroller-General issue visas
for entry into the country and
permits for residence or work in
the country; and
(f)
perform any other functions as
required by law.
(2) The Comptroller-General
shall act in consultation with
the Minister in the performance
of the function specified in
subsection (1)(e).
Governing body of the Service
5. (1)
The governing body of the
Service is a Council consisting
of
(a) a chairperson,
(b)
the Comptroller-General
appointed under section 14,
(c)
one serving officer not below
the rank of a Deputy
Commissioner,
(d)
one representative of the
Ministry of the Interior not
below the rank of a Director;
(e)
one representative of the
Ministry of Finance not below
the rank of a Director,
(f)
one representative of the
Ministry of Foreign Affairs and
Regional Integration not below
the rank of a Director,
(g)
one representative of the
Attorney-General not below the
rank of a Principal State
Attorney;
(h)
one representative of the
Retired Senior Immigration
Officers Association not below
the rank of Deputy Commissioner;
(i)
one representative of the Ghana
Bar Association who is of at
least ten years standing at the
Bar;
(j)
one serving Junior Officer; and
(k)
three other persons nominated by
the President one of whom is a
woman.
(2) The members of the Council
shall be appointed by the
President in accordance with
article 70 of the Constitution.
Functions of the
Council
6.
The functions of the Council are
to
(a)
advise the Minister on the
formulation of policies for the
management of the Service;
(b)
determine matters in respect of
administration, welfare,
training and discipline of
officers and employees of the
Service;
(c)
advise on matters of appointment
and promotion of officers and
other employees of the Service
above the rank of Senior
Inspector;
(d)
consider and approve a Scheme of
Service prescribing the terms
and conditions of service of the
officers and other employees of
the Service in line with the
Government
policy;
(e)
make recommendation to the
Minister on bilateral and
multilateral co-operation with
foreign countries in matters
relating to migration and
related issues; and
(f)
ensure the proper and effective
performance of the functions of
the Service.
Tenure of office of members of
the Council
7.
(1) A member of the Council
shall hold office for four years
and is eligible for
re-appointment but a member
shall be appointed for another
term only.
(2) Subsection (1) does not
apply to the
Comptroller-General.
(3) A member of the Council,
other than the Comptroller-
General, may at any time resign
from office in writing addressed
to the President through the
Minister.
(4) A member of the Council,
other than the Comptroller-
General, who is absent from
three consecutive meetings of
the Council without sufficient
cause ceases to be a member of
the Council.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the
Council is, for a sufficient
reason, unable to act as a
member, the Minister shall
determine whether the inability
would result in the declaration
of a vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 9(2),
(b)
as a result of a declaration
under subsection (6), or
(c)
by reason of the death of a
member,
the inister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings
of the Council
8. (1) The members of the
Council shall meet at least
quarterly for the dispatch of
business at the times and in the
places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the Council convene an
extraordinary meeting of the
Council at the place and time
determined by the chairperson.
(3) The quorum at a meeting of
the Council is seven members of
the Council.
(4) The chairperson shall
preside at meetings of the
Council and in the absence of
the chairperson, a member of the
Council elected by the members
present from among their number
shall preside.
(5) Matters before the Council
shall be decided by a majority
of the members present and
voting and in the event of an
equality of votes, the person
presiding shall have a casting
vote.
(6) The Council may co-opt-a
person to attend and participate
in any of its meetings but a
person co-opted is not entitled
to vote on any issue for
decision by the Council.
(7) Subject to this section, the
Council shall regulate its own
procedure for meetings.
Disclosure of interest
9. (1) A member of the Council
who has an interest in a matter
for consideration shall
(a)
disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the matter;
(b)
request to be recused from the
deliberations of the Council in
respect of the matter; and .
(c)
not participate in the
deliberations of the Council in
respect of the matter.
(2) A member ceases to be a
member of the Council if that
member has an interest in a
matter before the Council and
(a)
fails to disclose that interest;
or
(b)
is present at or participates in
the deliberations of the matter.
Establishment of committees
10. (1) The Council may
establish committees consisting
of members of the Council or
non-members or both to perform a
function.
(2) A committee of the Council
shall be chaired by a member of
the Council.
(3) Section 9 applies to a
member of a committee of the
Council.
Secretary to the Council
11. (1) The President shall in
accordance with article 195 of
the Constitution appoint a
Secretary to the Council.
(2) The Secretary shall not be
below the rank of an Assistant
Commissioner.
(3) The Secretary is not a
member of the Council and shall
(a)
keep accurate records of
proceedings and decisions of the
Council; and
(b)
perform any other function that
the Council may direct.
Allowances
12. Members of the Council,
members of a committee of the
Council and co-opted persons
shall be paid the allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
Ministerial oversight
13. The Minister may give policy
directives to the Council and
the Council shall comply.
Administrative Provisions
The Comptroller-General
14.
(1) The President shall in
accordance with article 195 of
the Constitution appoint the
Comptroller-General who is the
head of the Service.
(2) The Comptroller-General
shall hold office on the terms
and conditions specified in the
letter of appointment.
Functions of the
Comptroller-General
15.
(1) The Comptroller-General is,
subject to the direction of the
Council on matters of policy,
responsible for the day- to-day
administration of the Service.
(2) The Comptroller-General may
delegate a function to an
officer of the Service but shall
not be relieved from the
ultimate responsibility for the
performance of the delegated
function.
Deputy Comptrollers-General
16.
(1) The President shall in
accordance with article 195 of
the Constitution appoint three
Deputy Comptrollers-General.
(2) A Deputy Comptroller-General
shall hold office on the terms
and conditions specified in the
letter of appointment.
Functions of a Deputy
Comptroller-General
17.(1)
There shall be a Deputy
Comptroller-General appointed in
accordance with section 16 for
each of the following:
(a)
Finance and Administration;
(b)
Command Post and Operations;
(c)
Legal, Research and Monitoring;
and any other function that the
Comptroller-General or the
Council may assign.
(2) A Deputy Comptroller-General
appointed for purposes of
paragraph (c) of
subsection (1) shall be a legal
practitioner who is of at least
five years standing at the Bar.
Commissioners
18.
(1) The President shall, in
accordance with article 195 of
the Constitution, appoint
Commissioners for the Service.
(2) A Commissioner shall head a
Department of the Service.
(3) A Commissioner shall perform
any function that the
Comptroller- General may, in
consultation with the Council,
direct.
Financial Provisions
Funds of the Service
19. The funds of the Service
include
(a)
moneys approved by Parliament;
(b)
donations and grants; and
(c)
moneys generated by the Service
in the performance of its
functions; .
Expenses of the Service
20. The administrative
expenses of the Service
including the salaries,
allowances, gratuities, pensions
payable to or in respect of
persons employed by the Service
and the operational costs are a
charge on the Consolidated Fund.
Accounts and audit
21. (1) The Service shall keep
books of account and proper
records in relation to them in
the form determined by the
Auditor-General.
(2) The Council shall submit the
accounts of the Service to the
Auditor-General for audit within
three months after the end of
the financial year.
(3) The Auditor-General shall,
not later than three months
after the receipt of the
accounts, audit the accounts and
forward a copy of the audit
report to the Minister.
(4) The financial year of the
Service is the same as the
financial year of the
Government.
Internal Auditor
22. (1) The Service shall have
an internal auditor who is
responsible to the
Comptroller-General in the
performance of the functions of
Office
(2) The intemal auditor shall
carry out an internal audit of
the Service every three months
and shall submit a report in
respect of that period to the
Comptroller-General for onward
transmission to the Council.
(3) The chairperson of the
Council shall submit a copy of
the report to the Minister.
(4) This section shall be read
as one with the Internal Audit
Agency Act, 2003 (Act 658) and
where there is a conflict the
provisions of the Internal Audit
Agency Act shall prevail.
Annual report and other reports
23. (1) The Council shall within
one month after receipt of the
audit report, 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 shall
include the report of the
Auditor-General.
(3) The Minister shall, within
one month after the receipt of
the annual report, submit the
report to Parliament with a
statement the
Minister considers necessary.
(4) The Council shall submit to
the Minister any other report
which the Minister may request
in writing.
General Provisions
Power to use fire arms
24. An officer may, in the
discharge of duties under this
Act or any other enactment, use
fire arms.
Obedience to lawful order
25. An officer shall, for the
purpose of this Act, obey a
lawful order and directive from
a superior officer of the
Service.
Indemnity for an act done in
good faith
26. Subject to this Act, an
officer is not liable for an act
done or omission on the part of
that officer, if the act done or
omission was in good faith and
in the execution or intended
execution of the duties of the
officer under this Act.
Unlawful possession of uniform
and other property of the
Service
27. (1) A person, other than an
officer, who
(a)
has possession of an article
which is part of the clothing,
accoutrements or equipment
supplied to an officer, and
(b)
is not able to satisfactorily
account for the possession of
the part of the clothing,
accoutrements or equipment
commits an offence and is liable
on summary conviction to a fine
of not less than five hundred
penalty units and not more than
one thousand penalty units or to
a term of imprisonment of not
less than two years and not more
than four years or to both.
(2) An officer shall, on ceasing
to be an officer, return all the
clothing, arms, accoutrements
and equipment supplied to or
acquired by that officer for the
performance of the duties of the
officer to the Officer-
In-Charge under whom the officer
was serving.
(3) An officer who contravenes
subsection (2) commits an
offence and is liable on summary
conviction to a fine of not less
than five hundred penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not less than
two years and not more than four
years or to both.
(4) A person, other than an
officer, who
(a)
has in the possession of that
person, or
(b)
wears or uses,
an article that closely
resembles a part of the uniform
of an officer so as to deceive a
member of the general public"
commits an offence and is liable
on summary conviction to a fine
of not less than two hundred
penalty units and not more than
four hundred penalty units or to
a term of imprisonment of not
less than fifteen months and not
more than two years or to both.
Causing disaffection
28.
A person who
(a)
causes or engages in an act that
is calculated to cause
disaffection among officers, or
(b)
induces or engages in an act
calculated to induce an officer
to withhold the service of the
officer or commit an act of
misconduct,
commits an offence and is liable
on summary conviction to a fine
of not less than five hundred
penalty units and not more than
one thousand penalty units or to
a term of imprisonment of not
less than two years and not more
than four years or to both.
Complaint by member of the
public
29.
(1) A member of the public may
make a complaint to the
Comptroller- General through the
Officer-In-Charge on
(a)
an instance of bribery,
corruption, oppression or
intimidation by an officer;
(b)
any neglect or non-performance
of duty by an officer; or
(c)
any other misconduct by an
officer of the Service.
(2) Where a complaint under
subsection(1) is against the
Officer- In-Charge, the
complaint shall be made to the
Comptroller-General through a
superior officer.
(3) A complaint under subsection
(1) shall be in writing and
signed by the complainant.
Interpretation
31.
In this Act, unless the context
otherwise requires,
"border" includes airports,
seaports, land borders and
inland checkpoints;
"Command Post" means a Regional
Command, Sector Command,
Metropolitan, Municipal,
District, Section or Unit of the
Service where an officer
receives orders and exercises
command;
"Comptroller-General" means the
person appointed under section
14;
"Council" means the Immigration
Council established under
section 5;
"fire arms" includes a gun,
riffles machine gun, cap gun,
flint- lock gun or pistol
revolver, pistol, canon or any
other fire arm and an air gun,
air rifle or air pistol whether
whole or
in detached pieces";
"Junior Officer" means an
officer below the rank of
Assissant Superintendent of
Immigration";
"Minister" means Minister
responsible for the Interior;
"officer" includes senior and
junior officers of the Service;
"salary" includes wages and
allowances
"Senior Officer" means an
officer of a rank of Assistant
Superintendent and above;
"Service" means the Immigration
Service established under
section 1; and
"Superior Officer" means an
officer who is senior in rank to
the officer being ordered.
Repeal and saving
32. (1) The Immigration Service
Act, 1989 (P.N.D.C.L. 226) is
repealed.
(2 ) Despite the repeal of
P.N.D.C.L. 226, any Regulations,
bye- laws, notices, orders,
directions, appointments or any
other act lawfully made or done
under the repealed enactment and
in force immediately before the
coming into force of this Act
shall be considered to have been
made or done under this Act and
shall continue to have effect
until reviewed, cancelled or
terminated.
Consequential amendment
33. A reference to the Director
of Immigration in any enactment
existing before the coming into
force of this Act shall be
construed as reference to the
Comptroller -General.
Transitional provisions
34. (1) The assets, rights,
obligations and liabilities of
the Immigration Service
established under the
Immigration Service Act, 1989 (P.N.D.
C.L. 226) and in force
immediately before the
commencement of this Act, are
transferred to the Service.
(2) A person in the employment
of the Immigration Service
immediately before the
commencement of this Act shall,
on the coming into force of this
Act, be deemed to have been duly
employed by the Service
established by this Act on terms
and conditions which are not
less in aggregate to terms and
conditions attached to the post
held by that person before the
commencement of this Act.
SCHEDULE
Ranks in the Immigration Service
(Section 2)
1.Comptroller-General
of Immigration
2.Deputy
Comptroller-General of
Immigration
3.Commissioner
of Immigration
4.Deputy
Commissioner of Immigration
5.Assistant
Commissioner of Immigration
6.Chief
Superintendent of Immigration
7.Superintendent
of Immigration
8.Deputy
Superintendent of Immigration
9.Assistant
Superintendent of Immigration
10.Senior
Inspector
11.Inspector
12.Assistant
Inspector
13.Immigration
Control Officer
14.Assistant
Immigration Control Officer I
15.Assistant
Immigration Control Officer II
Date of Gazette
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