FOURTH REPUBLIC
Millennium
Development Authority Act, 2006 ACT 702
ARRANGEMENT OF
SECTIONS
Section
The Millennium
Development Authority
1)
Establishment of Millemuum Development Authority
2)
Objectives
of the Authority
3)
Functions of
the Authority
4)
Management
of similar programmes
5)
Responsibility for Authority
6)
Collaboration with other institutions
7)
Governing
body of the Authority
8)
Functions of
the Board
9)
Tenure of
office of members
10)
Meeting of
the Board
11)
Disclosure
of interest
12)
Appointment
of committees
13)
Non-liability for acts or omissions
14)
Divisions
within the Authority
15)Appointment
of chief executive officer
16).Functions
of the chief executive officer
17)
Performance contracts
18. Appointment of
other staff and delegation of power of appointment
Finances
19)
The Fund and
its management
20)
Expenses of
the authority
21)
Accounts and
audit
22)
Financial
year
23)
Annual
report and other reports
24)
Offences
25)
Regulations
and by-laws
26)
Interpretation
THE SEVEN HUNDRED AND SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE MILLENNIUM
DEVELOPMENT AUTHORITY ACT, 2006
AN ACT to establish
the Millennium Development Authority to oversee and
manage the implementation of the Ghana Progran1ille
under the Millennium Challenge Account for the
sustainable reduction of poverty through growth as
contained in the agreement between the Government of
Ghana and the Millennium Challenge Corporation
acting for and on behalf of the Government of the
United States of America and to provide for related
matters.
DATE OF ASSENT:
23rd March, 2006.
ENACTED by the
President and Parliament
The
Millellllium Development Authority
Establishment
of
Millennium Development Authority
1)
(1) There is
established by this Act the Millennium Development
Authority.
(2) The Authority
is a body corporate with perpetual succession and a
common seal and may sue and be sued in its corporate
name.
(3) The Authority
may for the discharge of its functions under this
Act acquire and hold movable or immovable property
and may enter into a contract or other transaction.
(4) Where there is
any hindrance to the acquisition of property under
subsection (3) the property may be acquired for the
Authority under the State Lands Act, 1962 (Act 125)
or the State Property and Contract Act 1960 (C.A.
6).
Objectives of
the Authority
2. The objectives
of the Authority are:
(a)
to oversee and
manage the implementation of the Ghana Programme
under the Millennium Challenge Account of the United
States Government for sustainable reduction 0 f
poverty through growth as contained in the Compact;
(b)
to secure the
proper and effective utilisation of the Millennium
Development Fund granted to Ghana under the Compact;
and
(c)
to oversee and
manage other national development programmes of
similar nature funded by the Government of Ghana,
Development Partners or by both.
Functions of the
Authority
3. For the purpose
of achieving its objectives the Authority shall
(a)
undertake
activities to build human resource capacity for
successful implementation of development projects by
Ministries, Departments and Agencies of the
Government of Ghana;
(b)
take necessary
steps to ensure the reduction of poverty through
modernisation of agriculture;
(c)
implement measures
that ensure active participation by the private
sector in national development including access to
financial resources, (d) provide as
detem1ined by the Board and within the terms of the
Compact, infrastructure facilities including,
schools, health care, water, sanitation
and electricity;
(e)
establish an
accounting, reporting and auditing arrangement that
is transparent and conforms to the best
international practices;
(f)
put in place a
mechanism by which there is exchange of information
to and from the public on the activities of the
Authority;
(g)
perform functions
that may be required by subsequent investments made
by the Millem1ium Challenge Corporation, the
Government and other Development Partner; and
(11)
perform functions
ancillary to the objectives stated in section 2 and
the functions stated in this section.
Management of
similar programmes
4. The Authority
may on the expiry of the Millennium Development
Challenge Corporation Programme undertake programmes
of similar nature determined by the President.
Responsibility
for Authority
5. The Authority
shall operate under the Office of the President and
the President may assign oversight ministerial
responsibility to a Minister detelll1ined by the
President.
Collaboration
with other institutions
6. The Authority
shall in the perfoll11ance of its functions
collaborate with institutions the Board may direct.
Governing body
of the Authority.
7. (1) The
governing body of the Authority is a Board composed
of the following members:
(a)
the chairperson,
(b)
one representative
each of not less than four Ministries, Department
and Agencies whose functions are of direct relevance
to the objectives and functions of the Authority,
(c)
two persons
representing the Private Sector, and
(d)
one representative
of non-governmental organisations.
(2) The members of
the Board shall be appointed by the President in
consultation with the Council of State.
(3) The following
are members of the Board without voting rights and
have the status of observers only:
(a)
one representative
of the Millennium Challenge Corporation,
(b)
one representative
each nominated by the District Assemblies within the
zones that are covered by the investment.
Functions of the
Board
8. (1) The Board
has the responsibility to ensure the implementation
of the functions of the Authority and the
achievement of the objectives of the Authority.
(2) Without
prejudice to subsection (1), the Board shall
(a)
approve annual
operating plans and budget of the Authority,
(b)
review the
quarterly performance of the Authority including
statement of account of monies disbursed from the
Fund.
(c)
ensure adequate
accountability to the stakeholders in compliance
with the terms of the Compact,
(d)
approve an audit
plan and monitor its implementation; and seek the
full implementation of the external auditor's report
within the specified time frame for action, and
(e)
approve the
Tenure of office
of members
9.
(l) The chairperson
and the other voting members of the Board shall hold
office for a period of five years except that the
representatives from the Private Sector and of
non-governmental organisations shall hold office for
a period of two and one half years and shall upon
the expiry of that period be replaced by new members
for the same period.
(2) A voting member
of the Board may be removed from office by the
President by reason of mental or physical incapacity
or for stated misconduct.
(3) A member of the
Board may at any time resign from office in writing
addressed to the President through the chairperson.
(4) Where a member
of the Board resigns, dies, is removed from office
or is for a sufficient reason unable to act as a
member, the chairperson shall within one month of
the occurrence of the vacancy notify the President
of the vacancy and the President shall, acting on
the advice of the nominating authority and in
consultation with the Council of State, appoint
another person to hold office for the unexpired
period of the member's term of office.
(5) A member of the
Board who is absent from three conservative meetings
of the Board without reasonable cause ceases to be a
member of the Board.
Meeting of the
Board
10.
(1) The Board shall
ordinarily meet [or the dispatch of business at a
time and place the chairperson may determine but
shall meet at least once every two months.
(2) The chairperson
shall at the request in writing of not less than
one-third of the members of the Board convene a
special meeting of the Board.
(3) At every
meeting of the Board, the chairperson shall preside
and in the absence of the chairperson, a member
elected by members present from among their number
shall preside.
(4) The quorum at a
meeting of the Board consists of five members.
(5) The Board may
co-opt a person to attend a board meeting except
that a co-opted person does not have voting rights.
(6) Decisions at
meetings of the Board shall be determined by a
majority of the votes o[the members present and
voting and where the votes are equal the chairperson
or the member presiding shall have a second vote.
(7) The proceedings
of the Board shall not be invalidated by reason of a
vacancy among the members or a defect in the
appointment or qualification of a member.
(8) Subject to this
section, the Board may determine the procedure for
its meetings.
Disclosure of
interest
t 1. (1) A member
of the Board who has an interest directly or
indirectly in a contract or in other transaction
proposed to be entered into with the Authority,
shall disclose that interest to the Board and is
disqualified from participating in any deliberations
of the Board in respect of the contract or
transaction.
(2) A member who
fails to disclose an interest under subsection (1)
shall be removed from the Board.
Appointment of
committees
12. (1) ll1e Board
may appoint committees consisting of members of the
Board or non-members or both
(a)
to perform a
function of the Board assigned to the committee, or
(b) to advise the Board on a matter referred
to the committee.
(2) A committee of
the Board may be chaired by a member of the Board.
Non-liability for
acts or omissions
13. Members of the
Board and committees of the Board are not personally
liable for any act or omission in the performance of
a function under this Act.
Administration and staff of Authority
Division of the
Authority
14. (1) The Board
may establish divisions or units it considers
necessary within the Authority for the effective
performance of the functions of the Authority.
(2) There shall be
appointed for each Unit a director who is the head
of the Unit. (3) Each director shall be responsible
for the management of the Unit under the director
and shall answer to the chief executive in the
performance of the functions of the director under
this Act.
(4) The
qualifications for appointment as a director shall
be detem1ined by the Board.
(5) The staff
strength, duties and functions of each Unit shall be
determined by the Board.
(6) For the purpose
of determining the duties and functions of each
Unit, the chief executive officer shall draw up for
the consideration of the Board a service charter
which shall set out the duties and responsibilities
of the Units.
(7) The service
charter is subject to revision by the Board.
Appointment of
chief executive officer
15. (1) There shall
be a chief executive officer of the Authority who
shall be appointed for a term not exceeding five
years.
(2) The chief
executive shall be appointed by the President in
accordance with article 195(1) of the Constitution.
(3) The chief
executive shall possess the requisite
qualifications, experience and skills determined by
the Board.
(4) The terms and
conditions of appointment of the chief executive
shall be as stated in the chief executive's letter
of appointment.
.
Functions of the
chief executive officer
16.
The chief executive
officer is responsible for the day to day management
of the Authority and shall for this purpose,
(a)
direct and
coordinate the work of the Authority,
(b)
with the assistance
of the directors of the Units draw up the
implementation plans, budget and programme of
activities of the Authority for the approval of the
Board,
(c)
direct and
coordinate the Units of the Authority to achieve set
targets, (d) ensure that procurement
practices and processes are in compliance with the
procurement agreement between the Authority and the
Millennium Challenge Corporation,
(e)
collaborate with
the Ministry of Finance to fully account for all
funding in accordance with the
FiscalAccOlll1tability Plan under the Compact,
(f) assist the Board to appraise the performance
contracts of other management staff of the
Authority, and
(g)
perform other
duties determined by the Board for the achievement
of the objectives of the Authority.
Performance
contracts
17.
The Board shall
enter into performance contracts with staff of the
managerial level in the Authority.
Appointment of
other staff and delegation of power of appointment
18.
(1) There shall be
appointed for the Authority other staff or employees
necessary for the effective performance of the
functions of the Authority in accordance with
article 195(1) of the Constitution.
(2). The President
may in writing delegate in accordance with article
195(2) the power of appointment of public officers
under this Act.
Finances
The Fund and its
management
19.
(1) The monies
granted to the Government of Ghana under the Compact
or any other programme under this Act assigned to
the Authority for the performance of its functions
and achievement of its objectives.
(2) The monies of
the Fund shall be deposited with the Bank of Ghana;
and the Minister for Finance shall have general
oversight over the Fund.
(3) For the purpose
of management and accessing money fTom the Fund
there shall be entered into between the Bank of
Ghana and the Authority, an agreement which shall
specify
(a)
conditions for the
management of the Fund, (b) qualification for
grant /Yom the Fund,
(c)
projects for which
disbursement can be made from the Fund, (d)
signatories to cheques drawn on the Fund, and
(e)
other provisions
necessary for the effective management and
utilisation of the Fund.
(4) Disbursement of
monies from the Fund to qualified recipients shall
be made by the Authority through Rural banks,
Commercial banks and other financial institutions
approved by the Bank of Ghana.
Expenses of the
Authority
20.
The expenses for
the administration and management of the Authority
shall be paid from the Fund for a period of five
years and after that from monies provided by
Parliament.
Accounts and
audit
21.
(I) The Board shall
establish an accounting and internal audit mechanism
that achieves a transparent accountability of the
monies of the Fund.
(2) Without
limiting the scope of subsection (1) the Board shall
keep books of account and proper records in relation
to them in the form approved by the Auditor-General.
(3) The Board shall
submit the accounts of the Authority to the AuditorGeneral
for audit within three months after the end of each
financial year.
(4) The
Auditor-General shall, not later than three months
after the receipt of the accounts, audit the
accounts and submit a copy of the audit report to
Parliament (5) The Board may with the approval of
the Auditor-General appoint an external auditor for
the purpose of this section.
Financial year
22.
The financial year
of the Authority is the same as the financial year
of the Government.
Annual report
and other reports
23.
(1) The Board shall
within one month after the receipt of the audit
report of the Auditor-General submit to the Minister
an annual report that covers the activities and the
operations of the Authority 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
anural report, submit the report to Parliament with
a statement that the Minister considers necessary.
( 4) The
Board shall also submit to the Minister any other
reports which the Minister may require in writing.
Offences
24.
A person who
(a)
when required to
submit a report to the Authority knowingly submits a
false report, or
(b)
knowingly
misrepresents a matter to the Authority in pursuance
of
an activity under
this Act,
commits an offence
and is liable on summary conviction to a fine not
exceeding five hundred penalty units.
Regulations and
bye-laws
25.
(1) The Minister
may on the advice of the Board by legislative
Instrument make Regulations generally for the
effective implementation of the provisions of this
Act.
(2) The Board may
subject to existing laws by internal bye-laws
prescribe, (a) qualifications for employment
of staff,
(h)
matters on
accounting and reporting on activities 0 f the
Authority to the Board,
(c)
matters that relate
to internal auditing,
(d)
method for
achieving transparency in procurement and fiscal
accounting,
(e)
mechanism for flow
of information between the public and the Authority
on the activities of the Authority;
(j)
matters on the
management of infrastructure facilities built under
the Compact from the Fund,
(g)
for the provision
of credits and grants from the Fund; and
(h)
for administrative
matters necessary for the performance of the
functions of the Authority.
Interpretation
26.
In this Act unless
the context otherwise requires,
"Authority" means
the Millennium Development Authority established
under section 1;
"Board" means the
governing body of the Authority provided for under
section 8;
"chief executive"
means the chief executive officer of the
Authority appointed under section 16;
"Compact" means the
five year Agreement between the Government of Ghana
and the Millennium Challenge Corporation which
governs the relationship between Ghana and the
United State of America with regard to the
implementation of Ghana's Programme under the
Millennium Challenge Account;
"Fund" means the
Millennium Development Fund;
"Millennium
Development Fund" means the amount of money granted
by the USA Government to the Government of Ghana
under the Millennium Challenge Account;
"Minister" means
the Minister for the time being assigned
responsibility for this Act by the President,
"observer status"
means the right to attend meetings of the Board but
without the right to vote on a decision before the
Board.
Date of Gazette
notification: 31st March, 2006.
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