NATIONAL DEVELOPMENT PLANNING
COMMISSION ACT, 1994 (ACT 479)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE NATIONAL DEVELOPMENT
PLANNING COMMISSION
1. Establishment of the Commission
2. Functions of the Commission
PART II—COMPOSITION, QUALIFICATION
OF MEMBERS AND RELATED PROVISIONS
3. Membership of the Commission
4. Tenure of office of membership
5. Qualification of members
6. Resignation
7. Removal
8. Allowance of members of the
Commission
PART III—ORGANISATION AND
MANAGEMENT OF THE COMMISSION
9. Divisions of the Commission
10. Director-General
11. Staff of the Commission
12. Delegation of power of
appointment
13. Committees
14. Relationship with other
authorities
15. Cross-sectoral planning groups
16. Meetings of Commission
PART IV—FINANCIAL AND
MISCELLANEOUS PROVISIONS
17. Funds of Commission
18. Accounts and Audit
19. Annual report
20. Access to information
21. Regulations
22. Interpretation
THE FOUR HUNDRED AND SEVENTY-NINTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE NATIONAL DEVELOPMENT PLANNING
COMMISSION ACT, 1994
AN ACT to establish the National
Development Planning Commission
under the Constitution, provide
for its composition and functions
relating to development planning
policy and strategy and for
connected purposes.
DATE OF ASSENT: 29th August, 1994
BE IT ENACTED by Parliament as
follows:
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE NATIONAL DEVELOPMENT
PLANING COMMISSION
Section 1—Establishment of the
Commission.
There is established by this Act a
National Development Planning
Commission referred to in this Act
as "the Commission".
Section 2—Functions of the
Commission.
(1) The Commission shall advise
the President on development
planning policy and strategy.
(2) The Commission shall, at the
request of the President,
Parliament, or on its own
initiative —
(a) study and make strategic
analyses of macro-economic and
structural reform options;
(b) make proposals for the
development of multiyear rolling
plans taking into consideration
the resource potential and
comparative advantage of the
different districts of Ghana;
(c) make proposals for the
protection of the natural and
physical environment with a view
to ensuring that development
strategies and programmes are in
conformity with second
environmental principles;
(d) make proposals for ensuring
the even development of the
districts of Ghana by the
effective utilisation of available
resources;
(e) monitor, evaluate and
co-ordinate development policies,
programmes and projects;
(f) undertake studies' and make
recommendations on development and
socio-economic issues;
(g) formulate comprehensive
national development planning
strategies and ensure that the
strategies including consequential
policies and programmes are
effectively carried out;
(h) prepare broad national
development plans;
(i)
keep under constant review
national development plans in the
light of prevailing domestic and
international economic, social and
political conditions and make
recommendations for the revision
of existing policies and
programmes where necessary; and
(j) perform such other functions
relating to development planning
as the President may direct.
PART II—COMPOSITION, QUALIFICATION
OF MEMBERS AND RELATED PROVISIONS
Section 3—Membership of the
Commission.
(1) The Commission shall consist
of—
(a) a Chairman who shall be
appointed by the President in
consultation with the Council of
State;
(b) a Vice Chairman elected by the
members from among their number;
(c) the Minister responsible for
Finance and such other Ministers
of State as the President may
appoint;
(d) the Government Statistician;
(e) the Director-General
appointed under section 10 of this
Act;
(f) the Governor of the Bank of
Ghana;
(g) One representative from each
region of Ghana appointed by the
Regional Co-ordinating Council of
the region who shall have
experience in development
planning; and
(h) such other persons as may be
appointed by the President having
regard to their knowledge and
experience of the relevant areas
and roles pertaining to
development, and to economic,
social, environmental and spatial
planning.
Section 4—Tenure of Office of
Membership.
(1) The members of the Commission
other than the ex-officio members
shall hold office for four years
and shall be eligible for
reappointment for a further term.
(2) A member of the Commission
appointed by a Regional
Co-ordinating Council or the
President shall cease to be a
member if the Regional
Co-ordinating Council or the
President revokes the appointment
by a letter addressed to the
Chairman of the Commission.
(3) The Chairman of the Commission
shall notify the President or
other appointing authority of
vacancies which occur in the
membership of the Commission.
(4) When the Chairman is
incapacitated by Illness or other
cause from performing the
functions of his office, the
Vice-Chairman shall act for him
until he is able to resume the
performance of his duties.
(5) When a member other than an
ex-officio member is incapacitated
by illness or any other cause from
performing the functions of his
office, the President or the
appointing authority shall appoint
another person to act for him
until he is able to resume the
performance of his duties.
Section 5—Qualification of Members.
(1) No person is qualified to be a
member of the Commission who—
(a) is not a citizen of Ghana;
(b) has been adjudged or otherwise
declared—
(i)
bankrupt under any law in force in
Ghana and has not been discharged;
or
(ii) to be of unsound mind or is
detained as a criminal lunatic
under any law in force in Ghana;
or
(c) has been convicted—
(i)
for high crime under the
Constitution or high treason of
treason or for an offence
involving the security of the
State, fraud, dishonesty or moral
turpitude; or
(ii) for any other offence
punishable by death or by a
sentence of not less than ten
years; or
(d) has been found by the report
of a commission or a committee of
inquiry to be incompetent to hold
public office or is a person 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 mis-used or
abused his office, or wilfully
acted in a manner prejudicial to
the interest of the State, and the
findings have not been set aside
on appeal or judicial review; or
(e) is under sentence of death or
other sentence of imprisonment
imposed on him by any court; or
(f) is otherwise disqualified by a
law for the time being in force.
(2) Without prejudice to
subsection (1) of this section a
member of the Commission shall
cease to be a member, if, in the
case of a person possessed of
professional qualification, he is
disqualified or suspended from
practising his profession by an
order of a competent authority,
made in respect of him personally
or ceases to be a member of the
profession otherwise than at his
own request.
Section 6—Resignation.
(1) The Chairman may resign his
office by notice addressed to the
President.
(2) A member of the Commission
other than an ex officio member
may resign his office by notice
addressed to the President through
the Chairman of the Commission.
Section 7—Removal.
(1) The Chairman of the Commission
may be removed from office by the
President in consultation with the
Council of State for inability to
perform the functions of his
office or for stated misconduct.
(2) A member of the Commission
other than an ex-officio member
may be removed from office by the
President for inability to perform
the functions of his office or for
stated misconduct.
Section 8—Allowance of Members of
the Commission.
The Chairman and other members of
the Commission shall paid such
allowance as the President in
consultation with the Minister
responsible for Finance may
determine.
PART III—ORGANISATION AND
MANAGEMENT OF THE COMMISSION
Section 9—Divisions of the
Commission.
(1) The Commission shall have such
divisions as may be necessary for
the effective implementation of
its functions.
(2) Each division shall be headed
by a Director who shall be
appointed by the President in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission.
Section 10—Director General.
(1) The Commission shall have a
Director-General who shall be
appointed by the Present acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission.
(2) The Director General shall,
subject to the general direction
of the Commission, be responsible
for the efficient organisation and
management of the Commission.
(3) The Director-General may
delegate the functions of his
office to an officer of the
Commission but he shall not be
relieved from his ultimate
responsibility for the discharge
of the delegated function.
Section 11—Staff of Commission.
(1) Without prejudice to section
9, the Commission shall Commission
have such officers and staff as
may be reasonably necessary for
the effective discharge of its
functions.
(2) The other officers and staff
shall be appointed by the
President in accordance with the
advice of the Commission given in
consultation with the Public
Services Commission.
(3) Other public officers may be
transferred or seconded to the
Commission or may otherwise give
assistance to it.
(4) The Commission may engage the
services of consultants and
advisers.
Section 12—Delegation of Power of
Appointment.
The President may in accordance
with article 195 (2) of the
Constitution delegate his power of
appointment of the
Director-General, Directors and
other staff.
Section 13—Committees.
The Commission may appoint
committees made up of members,
non-members or both and may assign
to them such functions as it may
determine except that a committee
composed exclusively of
non-members may only advise the
Commission.
Section 14—Relationship.
(1) Government departments,
agencies and other public with
authorities particularly those
with functions relating to
population issues shall co-operate
fully with the Commission in the
exercise of its functions under
this Act.
(2) No person or authority shall
exercise any statutory power or
duty inconsistent with powers and
duties conferred on the Commission
by this Act.
Section 15—Cross-sectoral Planning
Groups.
(1) The Commission shall establish
cross-sectoral planning groups
which shall integrate and
co-ordinate the planning and
development activities of such
sectors of the economy as it may
determine.
(2) The cross-sectoral planning
group shall consist of—
(a) representatives of the
Commission;
(b) representatives of the
relevant sector Ministries;
(b) representatives of appropriate
public sector institutions and
private sector organisations; and
(c) such individuals selected for
their knowledge and experience as
the Commission may determine.
(2) The Commission shall convene
meetings of the cross-sectoral
planning groups at least once
every three months.
Section 16—Meetings of Commission.
(1) The Commission shall meet at
such times and places as the
Chairman of the Commission may
determine but shall meet at least
once in every two months and shall
meet prior to the sub-mission of
any development plan proposals to
the President.
(2) The Chairman of the Commission
shall preside at each meeting of
the Commission but in his absence
the Vice-Chairman shall preside.
(3) In the absence of the Chairman
and the Vice-Chairman a member of
the Commission elected by the
members present shall preside.
(4) The quorum for a meeting of
the Commission shall be not less
than half of the membership of the
Commission.
(5) The validity of the
proceedings of the Commission
shall not be affected by a vacancy
in its membership or any defect in
the appointment of a member.
(6) The Commission may co-opt such
persons as it considers necessary
to attend any of its meetings.
(7) Except as otherwise provided
in this Act, the Commission shall
regulate its own procedure.
PART IV—FINANCIAL AND
MISCELLANEOUS PROVISIONS
Section 17—Funds of Commission.
Parliament shall provide the
Commission with funds for its
operational and administrative
expenses and the Commission may
receive monies from other sources
approved by the Minister
responsible for Finance.
Section 18—Accounts and Audit.
(1) The Commission shall keep
proper books of account and Proper
records in relation to them and
the account books and records of
the Commission shall be in a form
approved by the Auditor-General.
(2) The books and accounts of the
Commission shall be audited
annually by the Auditor-General
within six months of the end of
the immediately preceding
financial year.
(3) The Auditor-General may
appoint an auditor to audit the
books and accounts of the
Commission.
Section 19—Annual Report.
The Commission shall as soon as
possible after the expiration of
each financial year but within six
months after the end of the
financial year submit an annual
report to the President and
Parliament dealing generally with
the activities of the Commission
and including the
Auditor-General's report on the
accounts.
Section 20—Access to Information.
The Commission may request any
public officer in writing to
furnish it with any official
document or information within a
specified period for the discharge
of its functions under this Act
and the request shall be binding
on the person concerned.
Section 21—Regulations.
(1) The Commission may, with the
approval of the President, by
legislative instrument make
regulations on the development
planning process and generally to
give effect to the provisions of
this Act.
(2) The exercise of the power to
make regulations shall be
signified under the hand of the
Chairman.
Section 22—Interpretation.
In this Act, unless the context
otherwise requires—
"Commission" means the National
Development Planning Commission.
Date of Gazette Notification: 2nd
September, 1994.
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