ACTS OF GHANA

NATIONAL BOARD FOR SMALL-SCALE INDUSTRIES ACT, 1981 (ACT 434)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of National Board for Small-Scale Industries.

2. Composition of Board.

3. Qualifications and disqualifications of members of Board.

4. Functions of Board.

5. Executive and Deputy Executive Directors.

6. Functions of Executive and Deputy Executive Directors.

7. Staff of Board.

8. Regulation of Business.

9. Validity of Proceedings.

10. Funds.

11. Accounts and Audit.

12. Annual Report.

13. Minister responsible for Board.

THE FOUR HUNDRED AND THIRTY-FOURTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE NATIONAL BOARD FOR SMALL-SCALE INDUSTRIES ACT, 1981

AN ACT to provide for the establishment of the National Board for Small-Scale Industries and for other matters connected therewith.

DATE OF ASSENT: 23rd June, 1981

BE IT ENACTED by Parliament as follows:—

Section 1—Establishment of National Board for Small-Scale Industries.

There is hereby established a body to be known as the National Board for Small-Scale Industries in this Act referred to as "the Board."

Section 2—Composition of Board.

(1) The Board shall comprise eight members of proven ability in industry and with particular interest in the small-scale industries sector.

(2) The members of the Board shall be appointed by the President on the recommendation of the Minister responsible for Industries, of whom one shall be appointed to be Chairman.

(3) The Chairman and the other members of the Board shall hold office on such terms and conditions as the President may determine.

(4) The Board may from time to time co-opt other persons and representatives of Organisations or Institutions with special interest pertaining to Small-Scale Industries as ex officio members of the Board.

(5) A person co-opted under this section shall not have the right to vote in any decision of the Board.

Section 3—Qualifications and disqualifications of members of Board.

(1) No person shall be qualified to be a member of the Board who—

(a) is not a citizen of Ghana;

(b) has been adjudged or otherwise declared—

(i) a bankrupt under any law in force in Ghana and has not been discharged;

(ii) to be of unsound mind; or

(c) being possessed of professional qualification is disqualified or suspended, otherwise than at his own request, from practising his profession in Ghana by order of any competent authority in respect of him personally;

(d) has been convicted—

(i) for high crime under the Constitution or treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or

(ii) for any other offence on indictment; or

(e) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the State or misused or abused his office or wilfully acted in a manner prejudicial to the interests of the State, and such findings have not been set aside on appeal or judicial review; or

(f) has had his property confiscated as the result of the findings of a commission or committee of inquiry; and such findings have not been set aside on appeal or judicial review; or

(g) is under sentence of death or sentence of imprisonment imposed on him by any court; or

(h) is otherwise disqualified by any law for the time being in force from holding public office.

(2) For the purposes of paragraph (d) or (e) or (f) of subsection (1) of this section if ten years or more have elapsed since the end of the sentence or the date of the publication of the report of the commission or committee of inquiry or has been pardoned, that person shall not be disqualified to be a member of the Board by reason only of the provisions of that paragraph.

(3) Without prejudice to subsection (1) of this section any member of the Board shall cease to be a member if—

(a) he is guilty of any unethical behaviour or guilty of any serious misconduct in respect of his duties as a member of the Board and such behaviour or misconduct is certified in writing by not less than two-thirds of the members of the Board; or

(b) he is absent from three or more consecutive meetings of the Board without sufficient reason; or

(c) in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his 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 4—Functions of Board.

(1) The functions of the Board shall be—

(a) to establish the criteria that constitute a small-scale industry;

(b) to identify and define the types of small-scale industries in the country;

(c) to assist the Minister responsible for Industries in the development and support of small-scale industries;

(d) to implement policies in relation to small-scale industries duly approved by the Government;

(e) to design, develop and implement specific plans of action to meet the needs and expectations of organised groups;

(f) to establish the infrastructure required to accelerate the implementation of policies or execution of programmes;

(g) to organise a field extension network that will identify projects, collect relevant data, disseminate information and provide feed-back;

(h) to render advice in relation to the approval of applications for the establishment of small-scale industries as well as advice on the approval of import licences for small-scale entrepreneurs.

(i) to co-ordinate through the Minister responsible for Industries the efforts of all agencies, Ministries and donor countries to ensure proper flow of information and avoidance of duplication of efforts and waste of material resources;

(j) to encourage the formation of associations, co-operatives or groups and build industrial estates or any other organisations deemed beneficial to small-scale industries development;

(k) to control through the Ministry responsible for Industries the inflow and outflow of all foreign aid and foreign loans granted by donor countries for the development of small-scale industries;

(l) to monitor through the Ministry responsible for Industries, the utilization of all funds derived from Ghana Government budget and subsidies earmarked for small-scale industries;

(m) to approve the funding of all projects for amounts within the financial limits determined by the Minister responsible for Industries;

(n) to appoint agencies that shall implement specific programmes in the areas of finance, technology and management development, define their role and determine their responsibilities and duties;

(o) to assign to the appropriate agencies the implementation of projects and programmes commensurate with their terms of reference and their ability to implement such projects and programmes;

(p) to assist the implementing agencies to improve their capabilities and overcome their weaknesses so as to provide better service to the organised groups;

(q) to ensure that all assignments delegated to the implementing agencies are duly fulfilled;

(r) to ensure that all programmes related to the development of small-scale industries meet the national objectives.

(2) No other organisation shall perform any of the functions mentioned in subsection (1) of this section without prior consultation with, and approval of, the Board.

Section 5—Executive and Deputy Executive Directors.

(1) The Board shall have the following officers who shall be appointed by the President on the advice of the Minister responsible for Industries—

(a) an Executive Director; and

(b) a Deputy Executive Director.

(2) The terms and conditions of employment of the Executive Director and the Deputy Executive Director shall be determined by the Minister responsible for Industries on the advice of the Public Services Commission.

Section 6—Functions of Executive and Deputy Executive Directors.

(1) The Executive Director in co-operation with the technical staff of the Board and the implementing agencies shall—

(a) execute all the functions of the Board and any other functions assigned to him by the Board;

(b) appoint the appropriate implementing agencies to conduct research and analyse statistical information on local sources of raw materials to be used in substitution for imported inputs and to establish the percentage of the total cost representing imported raw materials unavailable locally;

(c) develop an effective export promotion programme for small-scale industries and handicraft products;

(d) interpret Government policies and programmes to interested organisations, groups and individuals;

(e) identify opportunities possible for small-scale industries in urban and rural areas by contacting private and public companies in Ghana and identifying their requirements;

(f) assess present and future manpower training requirements for small-scale industries;

(g) identify constraints imposed on small-scale industries respecting high taxation, lack of credit, lack of borrowing facilities, high rates of interest and conflicting government policies for small-scale industries;

(h) study and evaluate economic opportunities in various fields of small-scale industries and to establish the needs and objectives of organised groups at the regional, district and village levels;

(i) help establish and maintain data bank of knowledge relating to central, regional and district policies, strategies, action plans and programmes for the development of economic opportunities that contribute to or support small-scale industrial development;

(j) assess or help determine the amounts of capital investment required for machinery, equipment, tools and the technical assistance required to support small-scale industries in co-operation with the appropriate technology institutes;

(k) assess the level of technology, the skills of the technicians, the productive capacity of machines, the proper use of equipment and tools, the maximum utilization of existing method of production for small-scale industrialists who have sought the help of the Board;

(l) evaluate the present productivity of small-scale industries and devise, with the co-operation of existing technical research institutes ways and means to increase productivity; and

(m) report and recommend to the Board all actions taken in exercise of the foregoing functions.

(2) The Deputy Executive Director shall assist the Executive Director in the performance of his functions under this Act.

Section 7—Staff of Board.

The Board shall employ such officers and employees as it may reasonably require for the efficient discharge of its functions, subject to such terms and conditions as may be determined by the Board.

Section 8—Regulation of Business.

(1) Meetings of the Board shall be convened by the Chairman or by not less than four members of the Board.

(2) At every meeting of the Board the Chairman of the  Board shall preside and in his absence a member chosen for that purpose by a majority of members present shall preside.

(3) The quorum of the Board shall be four.

(4) Subject to subsection (1) of this section the Board shall regulate its own procedure.

(5) The Board shall meet at least once every quarter.

Section 9—Validity of Proceedings.

The proceedings of the Board shall not be invalidated by any vacancy in the membership of the Board or any defect in the appointment or qualification of any member.

Section 10—Funds.

(1) The funds of the Board shall include—

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

(b) any loans granted to the Board by the Government;

(c) any grants received from the United Nations Organisation, any international organisation or other foreign sources;

(d) any moneys accruing to the Board in the course of the performance of its functions under this Act; and

(e) gifts.

(2) All sums of money received on account of the Board may be paid into such banks as may be approved by the Board for the credit of the Board's general current or deposit account, so however, that the Board may invest as it deems fit any moneys not required for current use.

Section 11—Accounts and Audit.

(1) The Board shall—

(a) cause proper Book of accounts and other records in relation thereto to be kept;

(b) prepare an annual statement of accounts in such form and containing such particulars as the Auditor-General may from time to time direct, or as may be required to satisfy its undertakings or engagements.

(2) The Accounts of the Board shall be audited annually by the Auditor-General, who shall make a report thereon to the Government.

Section 12—Annual Report.

(1) The Board shall annually, not later than six months after the end of its financial year, prepare and submit through the Minister responsible for Industries to the Government, a report on its activities during the preceding year.

(2) The financial year of the Board shall be the same as that of the Government.

Section 13—Minister responsible for Board.

Subject to the provisions of this Act the Minister responsible for Industries shall be responsible for the Board.