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NATIONAL YOUTH AUTHORITY ACT,
2016 (ACT 939 )
ARRANGEMENT OF SECTIONS
Section
National Youth Authority
1.
Establishment of the Authority
2.
Objects of the Authority
3.
Functions of the Authority
Governance of the Authority
4.
Governing body of the Authority
5.
Tenure of office of members
6.
Meetings of the Board
7.
Disclosure of interest
8.
Establishment of committees
9.
Allowances
10. Ministerial directives
Administrative and Financial
Provisions
11.
Chief Executive Officer
12.
Functions of the Chief Executive
Officer
13.
Deputy-Chief Executive Officer
14.
Functions of a Deputy Chief
Executive Officer
15.
Secretary to the Board
16.
Appointment of other staff
17.
Funds of the Authority
18.
Application of funds of the
Authority
19.
Accounts and audit
20.
Annual report and other reports
Regional Youth Committees and
District Youth Committees
21.
Regional Youth Committee
22.
Functions of Regional Youth
Committee
23.
District Youth Committee
Miscellaneous Provisions
24.
Seal of the Authority
25.
Registration of Youth
Organisation
26.
Offences and penalties
27.
Regulations
28.
Interpretation
29.
Repeal and savings
30.
Transitional provisions
REPUBLIC OF GHANA
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
NATIONAL YOUTH
AUTHORITY ACT, 2016
AN ACT to establish the National
Youth Authority, to develop a
dynamic and disciplined youth
imbued with a spirit of
nationalism and a sense of
public service and morality, and
to provide for related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President.
National Youth Authority
Establishment of the Authority
1. (1) There is established by
this Act a body corporate to be
known as the National Youth
Authority.
(2) For the performance of its
functions, the Authority may
acquire and hold movable and
immovable property, dispose of
property and enter into a
contract or any other
transaction.
(3) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Authority under the State Lands
Act, 1962 (Act 125) and the cost
shall be borne by the Authority.
Objects of the Authority
2. The objects of the Authority
are to
(a)
develop the creative potential
of the youth;
(b)
develop a dynamic and
disciplined youth imbued with a
spirit of nationalism,
partriotism and a sense of
propriety and civic
responsibility; and
(c)
ensure the effective
participation of the youth in
the development of the country.
Functions of the Authority
3. To achieve the object under
section 2, the Authority shall
(a)
formulate policies and implement
programmes that will promote in
the youth
(i)
a sense of creativity,
self-reliance, leadership,
loyalty to the country
discipline and civic
responsibility, and
(ii)
a sense of friendship and
co-operation through exchange of
ideas with recognised youth
organisations in other countries
in Africa and the world;
(b)
develop the capacity of the
youth to participate in decison
making at all levels;
(c)
establish and supervise youth
leadership and skills training
institutes; and
(d)
in collaboration with the Ghana
Youth Federation, organise
annual youth conferences at the
national, regional and district
levels.
Governance of the Authority
Governing body of the Authority
4.(1)
The governing body of the
Authority is a Board consisting
of
5.(a)
a chairperson;
(b)
a Chief Executive Officer of the
Authority;
(c)
one representative of the
Ministry of Finance not below
the rank of a Director;
(d)
one represetative of the
Ministry of Education not below
the rank of a Director;
(e)
one representative of the
Ministry responsible for Youth
Affairs not below the rank of a
Director;
(f)
one representative of the
Ministry responsible for Social
Protection not below the rank of
a Director;
(g)
one representative of the
Ministry of Local Government not
below the rank of a Director;
(h)
one representative of the
National Development Planning
Commission not below the rank of
a Director;
(i)
one representative of the
Organisation of Persons with
Disability;
(j)
the Director-General of the
National Service Scheme;
(k)
three representatives of the
youth nominated by the National
Youth Authority in consultation
with the Ghana Youth Federation,
at least one of whom is a woman;
and
(l)
two persons nominated by the
Minister, at least one of whom
is a woman.
(2) The members of the Board
shall be appointed in accordance
with article 70 of the
Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the
Authority.
Tenure of office of members
5. (1) A member of the Board
shall hold office for a period
of not more than four years and
is eligible for re-appointment
for another term only.
(2) Subsection (1) does not
apply to the Chief Executive
Officer.
(3) A member of the Board, other
than an ex-officio member, may
at any time resign from office
in writing addressed to the
President through the Minister.
(4) The President may by letter
addressed to a member revoke the
appointment of that member.
(5) A member of the Board other
than the Chief Executive
Officer, who is absent from
three consecutive meetings of
the Board without sufficient
cause, ceases to be a member of
the Board.
(6) Where a member of the Board
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 (5) or
section 7(2),
(b)
as a result of a declaration
under subsection (6), or
(c)
by reason of the death of a
member,
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Board
6. (1) The Board shall meet at
least once in every three months
for the despatch of business at
the times and in the places
determined by the chairperson in
consultation with the Chief
Executive Officer.
(2) The chairperson shall, at
the request in writing of not
less than one-third of the
membership of the Board, convene
an extra-ordinary meeting of the
Board at which a business shall
not be transacted other than
that stated in the agenda for
that meeting.
(3) Notice of an ordinary
meeting of the Board shall be
given to each member of the
Board at least fourteen days
before the date of the meeting.
(4) The quorum at a meeting of
the Board is eight members of
the Board.
(5) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, a member of the
Board elected by the members
present from among their number
shall preside.
(6) Matters before the Board
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.
(7) The validity of any
proceedings of the Board shall
not be affected by a vacancy in
its membership or by a defect in
the appointment of any member of
the Board.
(8) The Board may co-opt a
person to attend a Board meeting
but that person shall not vote
on a matter for decision at the
meeting.
Disclosure of interest
7. (1) A member of the Board 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;
and
(b)
not be present at, or
participate in the deliberations
of the Board in respect of the
matter. -
(2) A member ceases to be a
member of the Board if that
member has an interest in a
matter before the Board and
(a)
fails to disclose that interest;
or
(b)
participates in the
deliberations of the matter.
Establishment of committees
8. (1) The Board may establish
committees consisting of members
of the Board or non-members or
both to assist in the
performance of the functions of
the Board.
(2) Section 7 applies to members
of committees of the Board.
Allowances
9. Members of the Board and
members of a committee of the
Board shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
Ministerial directives
10. The Minister may give
directives on matters of policy
consistent with the provisions
of this Act to the Board and the
Board shall comply.
Administrative and Financial
Provisions
Chief Executive Officer
11. (1) The President shall, in
accordance with article 195 of
the Constitution, appoint a
Chief Executive Officer for the
Authority.
(2) The Chief Executive Officer
shall hold office on the terms
and conditions specified in the
letter of appointment.
Functions of the Chief Executive
Officer
12. (1) The Chief Executive
Officer is responsible for the
day to day administration and
operations of the Authority and
is answerable to the Board in
the performance of functions
under this Act.
(2) Where the office of the
Chief Executive Officer becomes
vacant, the Board shall notify
the Minister who in turn shall
notify the President.
(3) Where the Chief Executive
Officer is unable, by reason of
illness or absence from the
country, to perform the
functions of the Chief Executive
Officer, the Board shall
authorise a Deputy Chief
Executive Officer to perform the
functions of the Chief Executive
Officer until the Chief
Executive Officer -is able to
perform those functions.
Deputy Chief Executive Officer
13.(1)
The Authority shall have two
Deputy Chief Executive Officers.
(2) The President shall appoint
the Deputy Chief Executive
Officers in accordance with
article 195 of the Constitution.
(3) The Deputy Chief Executive
Officers shall hold office on
the terms and conditions
specified in their letters of
appointment.
Functions of a Deputy Chief
Executive Officer
14. (1) A Deputy Chief Executive
Officer appointed under section
13 is responsible for
(a)
Finance and Administration; or
(b)
Programmes and Operations;
(2) Despite subsection (1), the
Chief Executive Officer may
assign to a Deputy Chief
Executive Officer any other
functions as the Chief Exective
Officer may consider necessary
for the effective performance of
the functions of the Authority.
Secretary to the Board
15. (1) The Chief Executive
Officer shall in consultation
with the Board, designate an
officer of the Authority as
Secretary to the Board.
(2) The Secretary is responsible
to the Board in the performance
of the functions under
subsection (3).
(3) The Secretary shall
(a)
arrange the business for
meetings of the Board and cause
minutes of proceedings of the
Board to be recorded and kept;
and
(b)
perform any other functions that
the Board may assign.
Appointment of other staff
16. (1) The President shall, in
accordance with article 195 of
the Constitution, appoint other
staff of the Authority that are
necessary for the proper and
effective performance of its
functions.
(2) Other public officers may be
transferred or seconded to the
Authority or may otherwise give
assistance to it.
Funds of the Authority
17. The funds of the Authority
include
(a)
moneys approved by Parliament;
(b)
five percent of the District
Assemblies Common Fund subject
to the formula approved by
Parliament in accordance with
article 252 of the Constitution;
(c)
return on investment of funds by
the Authority;
(d)
donations and grants; and
(e)
any other moneys that are
approved by the Minister
responsible for Finance.
Application of funds of the
Authority
18. (1) The funds of the
Authority shall be applied for
the
(a)
performance of the functions of
the Authority;
(b)
administrative expenses and
oversight supervision by the
Ministry which shall in any case
not exceed five percent of the
funds of the Authority.
(2) The Board shall ensure that
the funds of the Authority
are-used solely for the purpose
for which they are approved.
Accounts and audit
19. (1) The Authority shall keep
books of account and proper
records in relation to the
accounts in the form determined
by the Auditor- General.
(2) The Board shall submit the
accounts of the Authority 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.
Annual report and other reports
20. (1) The Board 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 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 annual report, submit the
report to Parliament with a
statement the Minister considers
necessary.
(4) The Board shall submit to
the Minister any other report
which the Minister may request
in writing.
Regional Youth Committees and
District Youth Committees
Regional Youth Committees
21. (1) The Board shall, in
consultation with the Minister
responsible for each region,
establish in each region, a
Regional Youth Committee
consisting of
(a)
the chairperson;
(b)
the Regional Co-ordinating
Director;
(c)
the Regional Director of Health
or a representative;
(d)
the Regional Youth Director or a
representative;
(e)
the Regional Director of
Education or a representative;
(f)
the Regional Social Welfare
Director or a representative;
(g)
the Regional Community
Development Directoror a
representative.
(h)
one representative of the
Organisation of Persons with
Disability in the region;
(i)
three representatives from the
Regional Youth Federation; and
(j)
two other persons nominated by
the Minister responsible for the
Region at least one of whom is a
woman.
(2) A Regional Youth Committee
shall meet at least once in
every three months at a time and
in a place determined by the
chairperson.
(3) A Regional Youth Committee
may prescribe its own procedure
for the conduct of meetings.
Functions of Regional Youth
Committee
22. A Regional Youth Committee
shall oversee the implementation
of the policies of the Authority
at the regional level.
District Youth Committee
23. (1) The Board shall, in
consultation with the respective
District
Assemblies, establish a District
Youth Committee, consisting of
(a)
a chairperson with expertise in
youth organisation;
(b)
the District Co-ordinating
Director;
(c)
the District Director of Health;
(d)
the District Youth Coordinator;
(e) the District Director of
Education;
(f)
the District Social Welfare
Director;
(g)
the District Community
Development Director;
(h)
the District Sports Director;
(i)
one representative of the
Organisation of Persons with
Disability in the district
nominated by the District Youth
Federation;
(j)
three representatives from the
district nominated by the
District Youth Federation at
least two of whom are women;
(k)
a representative of the Member
of Parliament;
(I)
a representative of the
traditional authority of the
district; and
(m)
a representative of the Social
Services Committee of the
Assembly.
(2) The chairperson shall be
appointed by the Board in
consultation with the District
Assembly.
(3) The District Youth Committee
shall assist the District Youth
Unit of the Education, Youth and
Sports Department of the
District Assembly in the
implementation of policies of
the Authority in the District.
Miscellaneous Provisions
Seal of the Authority
24. (1) The Chief Executive
Officer shall keep the common
seal of the Authority and shall
apply the seal to documents
determined by the Board.
(2) The application of the seal
of the Authority shall be
authenticated by the signature
of the Chief Executive Officer.
(3) The Board may in writing
empower any person to execute an
Instrument, or to enter into a
contract on behalf of the Board.
Registration of Youth
Organisation
25. (1) A District Assembly
shall be responsible for the
registration of a youth
organisation within the District
and shall upon receipt of an
application, register an
organisation as a youth
organisation unless the aims or
objectives of that youth
organisation are contrary to the
provisions of the Constitution
and by-laws of the District
Assembly.
(2) An application in respect of
the registration of a youth
organisation shall be made to
the District Assembly and shall
be accompanied by the prescribed
fee.
(3) A youth organisation that
operates in more than one region
shall register with the
Authority and the
Registrar-General's Department.
Offences and penalties
26. A person or youth
organisation that engages in an
activity contrary to a provision
of this Act, commits an offence
and is liable on summary
conviction to a fine of not less
than fifty penalty units and not
more than one hundred penalty
units or to a term of
imprisonment of not less than
three months and not more than
six months or to both.
Regulations
27. The Minister may, on the
advice of the Board, by
legislative instrument, make
Regulations
(a)
to prescribe the procedure for
the registration of youth
organisations;
(b)
to provide for the supervision,
regulation and administration of
youth organisations;
(c)
for guidelines for the
determination of registration
fees in consultation with the
Minister responsible for
Finance; and
(d)
to provide for the effective
implementation of this Act.
Interpretation
28. In this Act, unless the
context otherwise requires,
"Authority" means the National
Youth Authority established
under section 1;
"Board" means the governing body
of the Authority established
under section 4;
"Chief Executive Officer" means
the person appointed under
section 11;
"district" includes the area of
scheme of a District Assembly, a
Municipal Assembly and a
Metropolitan Assembly;
"District Assembly" includes a
Municipal Assembly and a
Metropolitan Assembly;
"district youth festival" means
a festival organised by the
Authority at the district level
for the youth;
"Minister" means the Minister
responsible for the youth;
"small scale enterprise"
includes an industry, project,
enterprise, or economic activity
which employs not more than one
hundred people and whose total
assets excludes land and
building that do not exceed the
Ghana cedi equivalent of one
million United States Dollars;
"youth" means a person between
the ages of fifteen years and
thirty-five years;
"youth activity" means an
activity, programme or project
undertaken by the youth;
"youth federation" means an
amalgamation of youth
organisations;
"youth organisation" means an
organisation registered by the
Authority as an association to
achieve the objects" of this
Act; and
"youth project" means a piece of
work organised by the Authority
for the youth at the national,
regional or district level.
Repeal and savings
29. (1) The following enactments
are repealed:
(a)
National Youth Authority Act,
1974 (N.R.C.D. 241); and
(b)
National Youth Authority
(Amendment) Act, 1974 (N.R.C.D.
300).
(2) Despite the repeal of the
enactments in subsection (1),
Regulations, by-laws, notices,
orders, directions, appointments
or any other act lawfully made
or done under the repealed
enactments and in force
immediately before the
commencement 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.
Transitional provisions
30. (1) Despite the provisions
of any enactment, a youth
organisation in existence
immediately before the
commencement of this Act shall
within thirty days after the
coming into force of this Act
apply to the relevant District
Assembly to be registered.
(2) The assets, rights,
obligations and liabilities of
the National Youth Authority
established under the National
Youth Authority Act, 1974 (N.R.CD.
241) and in force immediately
before the commencement of this
Act, are transferred to the
Authority.
(3) A person in the employment
of the National Youth Authority
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 Authority
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.
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