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OMNIBUS SERVICES AUTHORITY (STAFF) REGULATIONS, 1973 (LI 843).  

 

ARRANGEMENT OF REGULATIONS

Regulation

PART I—APPOINTMENTS

1. Appointing Authority

2. Method of appointment and qualifications

3. Types of appointments

4. Prohibited appointments

5. Declaration of secrecy

6. Personal details

7. Probation

8. Effective dates of appointments

9. Reporting vacancies

10. Filling of vacancies

11. Acting appointments

12. Promotions

13. Effective date of promotion

14. Trial periods

PART II—DISCIPLINE

15. Disciplinary authority

16. Disciplinary action

17. Penalties for misconduct

18. Types of disciplinary proceedings

19. Disciplinary procedure

20. Appeals

21. Interdiction

22. Dismissal of an employee in case of conviction

PART III—DUTIES AND RESPONSIBILITIES OF EMPLOYEES OF THE AUTHORITY

23. Discharge of duties and conduct of employees

24. Employees to report acts of misconduct

25. Restriction on undertaking of private agency

26. Prohibition of professional services

27. Unauthorised access to personal records

28. Legal proceedings on behalf of the Authority

29. Reporting sick

30. Employees to furnish security

31. Handing over procedure

32. Matters on which Depot or Station Managers shall report

PART IV—POSTINGS AND HOURS OF WORK

33. Postings and transfers

34. Hours of work

35. Attendance Book

36. Book of absence to be kept at Depots and stations

37. Absence from place of work

38. Absence without prior permission

PART V—SALARIES AND RETIRING AWARDS

39. Salary scales

40. Points of entry

41. Increments

42. Deferment, withholding, etc. of increments

PART VI—ADVANCES

43. Prohibited advances

44. Occasional advances

45. Advances for the purchase of motor vehicles

46. Maintenance and mileage allowances

47. Transfer or leave advances

PART VII—TRAVELLING ALLOWANCES

48. Travelling allowances generally

49. When travelling allowances are payable

50. Expenses of witnesses

PART VIII—LEAVE

51. Grant of leave

52. Leave rosters

53. Casual leave

54. Leave without pay

55. Sick leave

56. Medical enquiry

57. Maternity leave

58. Leave travel allowances

PART IX—LEAVING THE AUTHORITY

59. Modes of leaving the Authority

60. Compulsory retirement

61. Voluntary retirement

62. Resignations

63. Termination of appointments

64. Retirement on medical grounds

65. Termination of special contract or temporary appointments

66. Obligations of employees on leaving the Authority

67. Social Security

PART X—MISCELLANEOUS

68. Housing

69. Employees' co-operative scheme

70. Confidential reports

71. Overtime payment

72. Tools allowances

73. Medical facilities

74. Industrial accidents

75. Uniforms and protective clothing

76. Transport facilities

77. Certificate of service

78. Union activities

79. Interpretation.

IN exercise of the powers conferred on the Commissioner responsible for Local Government by section 36 (2) of the Omnibus Services Decree, 1972 (N.R.C.D. 71) these Regulations are made this 14th day of September, 1973.

PART I—APPOINTMENTS

Regulation 1—Appointing Authority.

(1) All employees of the Authority shall be appointed by the Board, in these Regulations referred to as “the appointing authority”, except that an appointment to any post carrying a salary of not less than ¢1,488 per annum shall be made by the appointing authority in consultation with the Public Services Commission.

(2) The appointing authority may delegate to the Managing Director any of its powers and functions under these Regulations as it thinks fit.

Regulation 2—Method of Appointment and Qualifications.

(1) Any appointment to any post in the Authority shall be made in writing and under such terms and conditions as the appointing authority may prescribe so, however, that no terms inconsistent with the Decree or these Regulations shall be prescribed.

(2) A person shall not be appointed to any post in the Authority if he does not possess such qualifications as the Board shall prescribe.

Regulation 3—Types of Appointments.

(1) Appointment to any post in the Authority may be permanent, temporary or on special contract, and shall be subject to such probationary periods as the appointing authority may prescribe:

Provided that the total periods of probation in each case shall not exceed three years.

(2) Temporary appointments or appointments on special contract may be made in respect of assignments required to be completed within a specified period of time and in respect of posts which the appointing authority does not consider expedient to fill permanently.

(3) Remuneration in respect of temporary appointments or appointments on special contract shall be at a flat rate.

Regulation 4—Prohibited Appointments.

(1) Unless the Board otherwise decides no appointment or promotion shall be made to any post for which no provision is made in the approved establishment of posts and in the annual estimates of the Authority.

(2) No person who is a security risk or is convicted of an offence involving dishonesty, or fraud or is dismissed or otherwise removed from any office in the public service shall be appointed to any post in the Authority.

(3) Where such person is appointed to any post in the Authority the appointment shall be null and void and he shall be summarily dismissed.

(4) Notwithstanding sub-regulation (3) of this regulation the Board may, if it thinks fit, approve the appointment of such person.

Regulation 5—Declaration of Secrecy.

Every employee of the Authority shall make a declaration of secrecy in such form as the appointing authority may prescribe.

Regulation 6—Personal Details.

Every employee of the Authority shall complete a personal record form to be prescribed by the appointing authority.

Regulation 7—Probation.

(1) Subject to regulation 3 of these Regulations any person shall, on first appointment to a post in the Authority, hold his appointment on probation for a period of not less than six months.

(2) The appointing authority shall, at the expiry of the period of probation, confirm the appointment of any employee whose service in its opinion has been satisfactory during the period of probation, but the appointing authority may extend the period of probation for a further period not exceeding six months if in its opinion the work and conduct of the employee have not been satisfactory.

(3) The appointing authority may, for just cause, at any time during the period of probation terminate the appointment of an employee but the employee should be given fourteen days' notice in writing of the Authority’s intention to terminate his appointment or be paid fourteen days' salary or wages in lieu of such notice.

(4) The appointing authority may summarily dismiss any employee against whom disciplinary action has been taken under Part II of these Regulations during the period of his probation.

Regulation 8—Effective Dates of Appointments.

(1) Any person offered an appointment shall not assume office until he has given written acceptance of the appointment and is declared medically fit by a Medical Officer.

(2) Unless otherwise stated, the effective date of appointment of an employee on recruitment shall be determined as follows:—

(a) for a person whether Ghanaian or non-Ghanaian recruited in Ghana, the date of his assumption of duty, so however, that it does not take effect before the date on which he is declared to be medically fit;

(b) for a non-Ghanaian recruited outside Ghana, the date of his embarkation to assume duty, provided he travels as directed;

(c) for a Ghanaian recruited outside Ghana, the date of his arrival in Ghana provided he assumes duty as directed.

Regulation 9—Reporting Vacancies.

Where there is vacancy in any post or grade in the Authority the Managing Director shall be notified within seven days of the occurrence of the vacancy.

Regulation 10—Filling of Vacancies.

(1) The appointing authority may, in filling any vacancy within the service of the Authority, first consider if any employee is qualified and suitable for appointment to the vacant post.

(2) Where there is no such employee the appointing authority shall, in accordance with the Labour Regulations in force, request the Labour Department to provide a qualified person to fill the vacancy.

(3) Where the Labour Department is unable to provide a qualified person to fill the vacancy the post shall be advertised; except that vacancy in any post carrying a miximum salary of up to ¢1,000 per annum may not be advertised.

(4) Subject to sub-regulation (1) of this regulation vacancy in any post in the Authority may be filled by such other public officers as may be seconded or transferred to the Authority.

Regulation 11—Acting Appointments.

(1) Acting appointments shall be made to posts carrying an initial salary of not less than ¢3,000 per annum.

(2) An employee appointed to act in such post shall be entitled to an allowance equivalent to the difference between his salary and the initial salary attached to the acting post; except that an employee acting in more than one grade above his post shall be entitled to an allowance equal to the difference between his salary and the initial salary of the next higher post.

(3) Where an acting appointment is for a period of not more than six weeks an employee holding the acting appointment shall not be entitled to acting allowance.

(4) Acting appointments to posts with an initial salary of less than ¢3,000 per annum shall attract a monthly charge allowance at the rate of one per centum of the gross annual salary of the person acting in that post.

Regulation 12—Promotions.

(1) All promotions shall be made by the appointing authority      and shall be according to merit.

(2) In determining the merit of any employee for promotion account may be taken of his efficiency, qualifications, seniority, experience, sense of responsibility, capacity for co-operation with others, initiative, attitude towards work and general behaviour, and where relevant his powers of leadership and expression.

(3) For the purposes of sub-regulation (2) of this regulation seniority shall be determined by the date when the employee was first appointed to his post.

(4) Without prejudice to sub-regulation (2) of this regulation the merit of an employee for purposes of promotion may be determined by written or oral examination.

(5) Apprentices and employees classified as artisans shall not be considered for promotion unless they have passed such proficiency tests as the Board may prescribe.

Regulation 13—Effective Date of Promotion.

Unless the Board otherwise directs, the effective date of promotion of an employee shall be determined in accordance with the following rules:

(a) a promotion shall not take effect earlier than the date on which a vacancy occurs or earlier than the date upon which the employee became qualified for promotion whichever is later;

(b) promotion shall not take effect before the date on which the employee resumes his new post, so however that promotion may be made effective before the date on which the employee actually assumes the duties of the new post where—

(i) through no fault of his own he is unable to assume the duties of his new post on the date of promotion; and

(ii) to delay his promotion would adversely affect his seniority as between him and other employees promoted at the same time.

Regulation 14—Trial Periods.

(1) An employee promoted to any post or grade in the Authority shall be subject to a trial period of one year.

(2) The appointing authority shall, three months before the end of a trial period, consider whether at the end of that period the employee should be confirmed or required to do a further trial period or whether the employee should revert to his former post or grade.

PART II—DISCIPLINE

Regulation 15—Disciplinary Authority.

(1) The Board shall be the disciplinary authority (referred to in these Regulations as “the disciplinary authority”).

(2) The disciplinary authority may delegate any of its powers and functions under these Regulations to the Managing Director as it thinks fit.

Regulation 16—Disciplinary Action.

(1) Disciplinary action shall be taken against an employee in respect of inefficiency or any act of misconduct such as—

(a) insubordination, negligence or dereliction of duty, absenteeism, stealing of property, embezzlement of funds belonging to the Authority or making of false claims against the Authority;

(b) use of indecent language or disorderly behaviour in the premises of the Authority;

(c) failure to keep proper accounts, falsification of accounts or supression of, and unlawful retention of, records relating to the funds, property or other business of the Authority;

(d) conviction on a criminal charge, particularly any charge involving dishonesty or dissipation of, or unlawful damage to property of the Authority;

(e) failure without reasonable cause to appear or to answer questions during any investigation in connection with disciplinary proceedings;

(f) contravention of any of the provisions of these Regulations or failure to observe any instruction given by the Authority;

(g) any other conduct or behaviour which may be determined by the disciplinary authority to bring the Authority into disrepute.

(2) The officer in charge of any Depot or Station of the Authority, referred to in these Regulations as “the Depot or Station Manager” shall be responsible generally for the effective management and conduct of the affairs of the Authority in the area for which the Depot or Station is established and shall, subject to these Regulations, be responsible for the investigation and the conduct of disciplinary matters involving employees in his Depot or Station and the submission of a report thereon to the Managing Director.

Regulation 17—Penalties for Misconduct.

(1) The penalty for proven misconduct of an employee shall be one of the following:—

(a) termination of appointment, or termination of appointment with forfeiture of all retirement benefits in the case of employees with subsisting pensionable service, or

(b) termination of appointment or in the case of employee with subsisting pensionable service, termination of appointment with or without a reduction in retirement benefits;

(c) reduction in rank, that is to say removal to another post or grade with an immediate reduction of salary;

(d) reduction of salary, that is to say an immediate adjustment of salary to a lower point on the salary scale attached to the post in question;

(e) deferment of increment, that is to say a postponement of the date on which the next increment is due, with corresponding postponement in subsequent years:

(f) stoppage of increment, that is to say non-payment for a specified period of an increment otherwise due,

(g) written warning or reprimand;

(h) suspension from duty with consequent loss of pay and allowance for a period not exceeding 14 days.

(2) Any employee who is found guilty of theft, fraud or dishonesty involving loss of cash, property or revenue to the Authority by the disciplinary authority shall be summarily dismissed.

(3) Where the Authority incurs any loss as a result of the inefficiency, negligence or misconduct of an employee the employee may, in addition to such penalty as may be imposed on him under this regulation, make good the loss.

Regulation 18—Types of Disciplinary Proceedings.

Disciplinary proceedings may be summary or formal.

Regulation 19—Disciplinary Procedure.

(1) Where the disciplinary authority considers that a formal disciplinary action should be instituted against an employee the disciplinary authority shall prefer written charges against the employee who shall be required to answer the charges in writing within such period as may be specified by the disciplinary authority.

(2) Where the employee answers the charges within the specified period the disciplinary authority shall investigate the matter or refer the matter to an employee senior in rank to the employee against whom the charges have been preferred or to the Advisory Committee of the Board which shall report his findings in writing to the disciplinary authority.

(3) If after the investigation the disciplinary authority is satisfied that the charges brought against the employee have been proved it shall notify the employee in writing of the penalty imposed on him.

(4) Where the employee fails to answer the charges within the specified period the disciplinary authority shall if it is satisfied that in the light of the fact upon which the charges are based the employee is guilty of a misconduct under regulation 16 of these Regulations, the disciplinary authority shall impose appropriate penalty on the employee.

(5) Documentary evidence may be produced at any investigation at the request of an employee or the Authority.

(6) All documents relating to any disciplinary action taken against an employee shall be treated as confidential.

(7) As far as possible, disciplinary action shall be initiated and completed within a period of one month.

Regulation 20—Appeals.

(1) An employee may appeal to the Commissioner against a decision of the disciplinary authority made in relation to him except that there shall be no appeal against a decision made by Commissioner or a decision of the disciplinary authority confirmed by the Commissioner.

(2) An employee may appeal to the disciplinary authority against the decision of the Managing Director; except that no appeal shall be brought against a decision of the Managing Director confirmed by the disciplinary authority.

(3) No appeal shall be entertained under sub-regulation (1) or (2) of this regulation unless the appeal is brought within one month after the decision against which the appeal is brought was made.

Regulation 21—Interdiction.

(1) Where a charge brought against an employee under sub-regulation (1) of regulation 19 of these Regulations may result in the termination of his employment or where an employee is arrested and held in custody by the police or released on bail or where an employee is being tried for a criminal offence the employee may be interdicted from duty with half pay until the matter is finally determined.

(2) Where the disciplinary proceedings do not result in the termination of the employment of the employee that part of his pay withheld from him shall be restored to him.

(3) Where the disciplinary proceedings result in the termination of the employment of an employee the termination shall take effect from the date the employee was interdicted from duty and he shall not be entitled to that part of this salary withheld.

Regulation 22—Dismissal of an Employee in Case of Conviction.

(1) The appointment of any employee convicted of a criminal  offence shall automatically terminate from the day of his conviction, but where such employee is later acquitted on appeal he may be considered for reinstatement by the Board if he applies to be reinstated.

(2) Where such employee is re-instated under sub-regulation (1) of this regulation he shall be entitled to receive his pay from the date he is re-instated and shall not be entitled to any back-pay.

PART III—DUTIES AND RESPONSIBILITIES OF EMPLOYEES OF THE AUTHORITY

Regulation 23—Discharge of Duties and Conduct of Employees.

(1) An employee shall undertake any lawful duty that the appointing authority or the Depot or Station Manager of the Depot or Station to which he is posted shall assign to him, and shall obey all lawful orders of his superior employees.

(2) In determining the actual performance of an employee for the purposes of pay, promotion and other similar matters account shall be taken of the number of times he attended duty and carried out satisfactorily any work assigned to him.

(3) An employee shall at all times conduct himself in a manner respectful to customers, his colleagues and all superior employees in the service of the Authority.

Regulation 24—Employees to Report Acts of Misconduct.

It shall be the duty of every employee who knows or becomes  aware of any act of misconduct committed by a junior employee to report the matter forthwith to his immediate superior.

Regulation 25—Restriction on Undertaking of Private Agency.

No employee shall without the permission in writing of the appointing authority undertake any private agency in any matter connected with the exercise of his official duties.

Regulation 26—Prohibition of Professional Services.

(1) No employee may render professional services to any private person or accept remuneration therefore during the course of his duties except with the written permission of the appointing authority.

(2) The appointing authority shall not give such permission unless it is to the public advantage to do so and the amount of remuneration shall be subject to the approval of the appointing authority.

(3) Such remuneration shall be paid into the funds of the Authority on deposit at the Depot or Station to which the employee is posted until such time as the appointing authority may determine how much of the amount must be paid to the employee concerned.

Regulation 27—Unauthorised Access to Personal Records.

No employee shall, without the authorisation of the appointing authority, have access to records relating personally to himself or make copies of such records notwithstanding that he may have had access to such records in the course of his duties.

Regulation 28—Legal Proceedings on Behalf of the Authority.

No employee shall, without the prior approval in writing of the Authority, institute any legal proceedings for or on behalf of the Authority.

Regulation 29—Reporting Sick.

(1) An employee who is sick shall forthwith report the fact to the nearest Government Medical Officer who may make a report of the matter to the Authority.

(2) An employee who absents himself from duty on grounds of sickness without the certificate of a Medical Officer to that effect shall be regarded as being absent without leave.

Regulation 30—Employees to Furnish Security.

(1) The Authority shall where necessary request an employee to furnish security for the faithful discharge of the duties assigned to him in accordance with the provisions of these Regulations.

(2) Where an employee is required to furnish security he shall produce two sureties of repute who shall enter into a bond with the Authority in the form set out in the First Schedule to these Regulations.

(3) The amount of any bond shall be related to the amount          of money or stores placed in the charge of the employee.

(4) Where an employee is in breach of any condition in the bond the Authority may recover the full amount payable thereunder together with any expenses which the Authority may incur by reason of the breach.

Regulation 31—Handing-over Procedure.

(1) Where an employee is required to handover his duties to another employee he shall in addition to handing-over all papers, books, stores and similar articles give a detailed statement of matters relating to his duties, and particulars of any question likely to cause difficulty as well as any matter which requires special attention for the guidance of the employee taking over.

(2) Where a handing-over is not thoroughly and systematically done as required under sub-regulation (1) of this regulation the employee shall be liable to be recalled by telegram at his own expense.

(3) An employee handing-over shall be held personally liable     for any loss the Authority incurs as a result of his failure to comply  with sub-regulation (1) of this regulation.

Regulation 32—Matters on which Depot or Station Managers shall Report.

Every Depot or Station Manager shall, within fourteen days after the end of each month, submit to the Managing Director in the form set out in the Second Schedule to these Regulations a report on the affairs of the Authority in the Depot or Station for the period of one month immediately preceding.

PART IV—POSTINGS AND HOURS OF WORK

Regulation 33—Postings and Transfers.

The Depot or Station to which an employee may be posted on first appointment or subsequently transferred shall be determined according to the requirements of the Authority and the appointment of any employee who refuses to accept a posting or transfer to a Depot or Station shall be terminated forthwith.

Regulation 34—Hours of Work.

(1) The normal hours of work of the Authority shall be forty hours a week.

(2) Subject to sub-regulation (1) of this regulation all employees, other than night watchmen shall work according to such working schedules and shift systems as the Authority may prescribe.

(3) Without prejudice to sub-regulation (1) of this regulation all night watchmen of the Authority may be required to work regularly from 6 o'clock in the afternoon to 6 o'clock in the morning of the following day.

Regulation 35—Attendance Book.

(1) There shall be kept at each Depot or Station an attendance book in which every junior employee shall enter each day his name and indicate the time of his arrival and departure from the Depot or Station.

(2) The attendance book shall be examined each day and certified by the Depot or Station Manager or by an employee authorised by him.

(3) In a Depot or Station where a time clocking machine is installed every junior employee shall clock his time card each day he arrives at or leaves the Depot or Station.

Regulation 36—Book of Absence to be Kept at Depots and Stations.

There shall be kept in the Head Office and at every Depot or Station a book in which every senior employee leaving his place of work shall record the reasons for his absence and his whereabouts.

Regulation 37—Absence from Place of Work.

(1) Except he is on duty outside his place of work an employee shall not while on duty leave his place of work without permission.

(2) If a senior employee leaves his place of work without prior permission he shall record in the book kept in his place of work for the purpose the reasons for his absence and his whereabouts within or outside his place of work.

Regulation 38—Absence Without Prior Permission.

(1) Any employee who absents himself from duty without prior permission or reasonable cause shall not receive pay for each day he is absent or part thereof and shall in addition suffer a day's suspension without pay.

(2) Where an employee absents himself from duty for a period of ten continuous days without permission or reasonable cause he shall be regarded as having vacated his post and accordingly his appointment shall be terminated without notice but if before the appointment of such employee is terminated he returns to duty appropriate disciplinary action shall be taken against him.

PART V—SALARIES AND RETIRING AWARDS

Regulation 39—Salary Scales.

Employees of the Authority shall be paid salaries or wages according to such salary scales or rates as may be determined by the Board in consultation with the Public Services Commission.

Regulation 40—Points of Entry.

(1) The point of entry into a salary scale for an employee on first appointment shall be the initial salary point in the scale attached to the post to which the employee is appointed.

(2) Where an employee has exceptional previous experience or special qualification the appointing authority may place him on a salary scale at a point higher than the initial point in the salary scale attached to the post to which he is appointed.

Regulation 41—Increments.

(1) Annual increment shall be normally granted as an      increase of pay to which an employee is entitled for the efficient performance of his duties:

Provided that the period of service for which an employee         may earn his normal annual increment shall not be less than six months.

(2) The incremental date of every employee shall be on the 1st day of October in each year.

(3) An employee may, on the recommendation of his Depot or Station Manager, be granted multiple increments for proven efficiency or exceptional ability.

(4) For the purposes of sub-regulation (3) of this regulation the Managing Director may approve two incremental credits or subject to the approval of the Board three incremental credits.

Regulation 42—Deferment, Withholding, Etc. of Increment.

(1) Where the work and conduct of an employee have not been satisfactory during the year the Managing Director shall defer, withhold or stop the increment of the employee.

(2) The Managing Director may withhold the increment of an employee under sub-regulation (1) of this regulation for a period of not less than six months in the first instance although the period may, if it becomes necessary, be extended for a further period of not less than six months.

(3) An annual increment withheld under sub-regulation (1) of this regulation may on restoration be treated as deferred or stopped increment.

PART VI—ADVANCES

Regulation 43—Prohibited Advances.

No employee shall be granted an advance which together with other advances already granted to him shall involve the deduction from his salary of more than forty per centum of his gross monthly emolument.

Regulation 44—Occasional Advances.

(1) An employee whose basic salary exceeds ¢1,488.00 per annum may on first appointment be granted an advance not exceeding his gross emolument for one month.

(2) An advance granted under sub-regulation (1) of this regulation shall be repaid in not more than six equal monthly instalments, and the first instalment shall be deducted from the salary of the employee for the first whole month after the date on which the advance was granted.

Regulation 45—Advances for the Purchase of Motor Vehicles.

(1) Subject to the conditions prescribed in the Third Schedule to these Regulations an employee may be granted an advance to the purchase means of transport if the Authority certifies that the employee requires his own means of transport for the efficient performance of his duties and that the vehicle he proposes to purchase is appropriate for the efficient performance of his duties.

(2) An advance granted under sub-regulation (1) of this regulation shall include the selling price of the vehicle and a comprehensive insurance for a period of one year.

Regulation 46—Maintenance and Mileage Allowances.

An employee who is granted advance under regulation 45 of these Regulations to purchase means of transport shall be paid maintenance and mileage allowances at the same rates and under the same conditions as are applicable in the civil service.

Regulation 47—Transfer or Leave Advances.

(1) Where an employee who has been confirmed in his appointment is being transferred to another Depot or Station or is proceeding on vacation leave the Managing Director may grant the employee an advance not exceeding his salary for a month to be repayable in not more than six equal monthly instalments so, however, that the first instalment shall be deducted from the employee's salary for the first whole month after the date on which the advance was granted.

(2) The provisions of sub-regulation (1) of this regulation shall not apply to an employee who is transferred at his own request or is transferred as a result of disciplinary action taken against him.

PART VII—TRAVELLING ALLOWANCES

Regulation 48—Travelling Allowances Generally.

Unless otherwise provided in these Regulations an employee travelling in any of the circumstances stated in regulation 49 of these Regulations may claim travelling allowance for each night he is away from his Depot or Station at the rates prescribed in the Fourth Schedule to these Regulations, but where an employee travels on a duty which involves more than normal expenses the Board may authorise the payment of a higher rate of allowance.

Regulation 49—When Travelling Allowances are Payable.

(1) An employee holding an acting appointment shall be entitled to travelling allowance at the rate relative to the post in which he is acting.

(2) Travelling allowance shall be payable to an employee for nights necessarily spent by him in travelling within Ghana—

(a) on duty; or

(b) to his Depot or Station on first appointment; or

(c) between his Depot or Station and the port when going overseas on course of instruction or returning from such course or while necessarily detained at the port.

(3) Where an employee is on temporary transfer to another Depot or Station for purposes of relief or special duty he may be entitled to draw travelling allowance at half rate for a period not exceeding three months.

(4) Where the Managing Director is satisfied that an employee has continuing rent commitment in the Depot or Station from which he is transferred the employee may draw travelling allowance at full rate for the first month.

(5) The provisions of sub-regulation (4) of this regulation shall not apply to an employee whose duty is of such nature as requires frequent changes of Depot or Station.

(6) An employee on permanent transfer to another Depot or Station shall be paid one-sixth of his monthly basic emolument as transfer allowance at the date of his transfer.

(7) Where an employee is transferred to another Depot or Station at his own request or as a result of disciplinary action taken against him he shall not be paid such transfer allowance.

Regulation 50—Expenses of Witnesses.

(1) An employee who travels outside his place of work to attend disciplinary proceedings held by the disciplinary authority shall be regarded as travelling on duty and may be paid the appropriate travelling and transport allowances by the Authority.

(2) Where an employee who is the subject of disciplinary proceedings calls a witness not being an employee of the Authority who travels to give evidence on his behalf, the witness may submit a claim for a refund of transport expenses necessarily incurred by him supported by receipts, if obtainable, to the Depot or Station Manager or to the Managing Director, as the case may be, through the disciplinary authority which shall certify the claim before the refund is made to the witness.

PART VIII—LEAVE

Regulation 51—Grant of Leave.

(1) Subject to the provisions of the Labour Regulations, 1969 (L.I. 632) annual leave shall be granted according to the exigencies of the Authority.

(2) The maximum period of annual leave in respect of the various categories of employees shall be as prescribed in the Fifth Schedule to these Regulations.

(3) The annual leave of an employee shall not be deferred or accumulated without the approval in writing of the Managing Director.

(4) No employee shall under any circumstances commute his annual leave.

(5) Application for annual leave shall be in such form as the Authority may prescribe.

Regulation 52—Leave Rosters.

It shall be the duty of every Depot or Station Manager to maintain a leave roster providing for all employees in the Depot or Station to take their leave within each year,

Regulation 53—Casual Leave.

(1) An employee may apply in writing for casual leave to enable him to attend to his personal affairs.

(2) No casual leave may be granted to an employee unless the employee has already taken all the leave for which he is eligible in a year.

(3) Subject to the approval of the Authority or an employee authorised in that behalf casual leave may be granted in every two years for a period not exceeding ten days to an employee who has already taken all the leave for which he is eligible in a year.

(4) Casual leave may be granted within the maximum period prescribed under sub-regulation (3) of this regulation in one or two spells.

Regulation 54—Leave without Pay.

(1) Subject to the exigencies of the Authority, and in reasonable circumstances an employee upon written application and approval of the Authority may be granted leave of absence without pay for a specified period.

(2) An employee to whom leave is granted under sub-regulation (1) of this regulation may in the discretion of the Managing Director retain his seniority, but for the purposes of determining his seniority account shall be taken of the period granted.

Regulation 55—Sick Leave.

(1) An employee shall be regarded as being on sick leave if      he is absent from duty on grounds of ill-health duly certified by a Medical Officer.

(2) Where an employee on leave is prevented by ill-health          to resume duty at the end of his leave he shall take the balance of his annual leave entitlement, if any, and shall be regarded on the expiration of all his annual leave as being on sick leave for such period as may be prescribed by a Medical Officer.

(3) The maximum periods of sick leave in respect of the various categories of employees shall be as prescribed in the Sixth Schedule to these Regulations.

Regulation 56—Medical Enquiry.

(1) The Authority shall, after the expiry of a sick leave granted under regulation 55 of these Regulations request a Medical Officer to consider, whether there is any reasonable prospect of the sick employee recovering sufficiently to resume normal duty in which case he may recommend a further period of sick leave or whether to recommend that the employee be invalidated from the service of the Authority.

(2) The Authority shall, after the expiry of such further period of sick leave as may be prescribed under sub-regulation (1) of this regulation, request a Medical Officer to examine the sick employee again in the manner specified in that sub-regulation.

(3) Sick leave without pay shall not count for the purposes of earning pay increment or gratuity.

Regulation 57—Maternity Leave.

(1) A female employee on becoming pregnant may be granted the proportionate annual leave for which she is eligible, and in addition three month's maternity leave with full pay of which six weeks, if possible, may be taken before confinement on production of a certificate signed by a Medical Officer stating that the employee's confinement may be expected six weeks after the date of the certificate.

(2) Maternity leave shall be additional to sick leave.

(3) Maternity leave shall count towards retiring award or increment.

(4) A female employee on resumption of duty after the expiration of her maternity leave may be given the opportunity to nurse her baby for one hour after four hours of duty on every working day for a period not exceeding nine months.

(5) Notwithstanding sub-regulation (1) of this regulation a female employee shall be entitled to not more than two maternity leave in every five years.

Regulation 58—Leave Travel Allowances.

All employees shall be given free transport, and such allowances as are granted to employees in similar categories in the civil service in respect of themselves and their dependants if they have to travel from their place of work to another part of the country, being their hometown to spend their annual leave.

PART IX—LEAVING THE AUTHORITY

Regulation 59—Modes of Leaving the Authority.

An employee may leave the service of the Authority in the following circumstances—

(a) on dismissal or removal in consequence of disciplinary proceedings;

(b) on compulsory retirement;

(c) on voluntary retirement;

(d) on retirement on medical grounds;

(e) on resignation in accordance with such conditions as may be prescribed;

(f) on expiry or other termination of special contract or temporary appointment;

(g) on the abolition of his post.

Regulation 60—Compulsory Retirement.

An employee may retire from the service of the Authority on reaching the compulsory retiring age for the time being applicable to employees in the civil service so however that the Board in its discretion may not apply this regulation in respect of employees appointed on special contract.

Regulation 61—Voluntary Retirement.

(1) Subject to sub-regulation (2) of this regulation an employee             may retire from the service of the Authority at any time after he has reached the voluntary retiring age for the time being applicable in the civil service if he gives three months' notice in writing to the Board of his intention to retire from the Authority before he attains the voluntary retiring age or pays three months' salary in lieu of such notice.

(2) No employee shall voluntarily retire from the service of the Authority unless his application to retire voluntarily has been formally accepted by the Board.

Regulation 62—Resignation.

An employee who wishes to resign shall—

(a) in the case of a junior employee, give one month’s notice in writing of his intention before the date on which he wishes to resign or pay one month's salary or wages in lieu of such notice;

(b) in the case of a senior employee, give three months' notice in writing of his intention before the date on which he wishes to resign or pay three months' salary in lieu of such notice.

Regulation 63—Termination of Appointments.

(1) Subject to regulation 7 of these Regulations in the event of termination of an employee's appointment other than dismissal or removal for misconduct the Authority shall—

(a) in the case of a junior employee, give the employee one month's written notice in advance of the date on which the appointment is to be terminated or pay him one month's salary or wages in lieu of such notice;

(b) in the case of a senior employee, give the employee three months' written notice in advance of the date on which the appointment is to be terminated or pay him three months' salary in lieu of such notice.

(2) An employee whose appointment is terminated under sub-regulation (1) of this regulation shall be entitled to free transport for himself and his family from his Depot or Station to the place of his first appointment or to his hometown within Ghana.

(3) Where a civil servant holding a pensionable office is on transfer or secondment to the Authority he shall on termination of his appointment under sub-regulation (1) of this regulation be entitled to such retiring awards as have accrued to him under the Pensions Ordinance (Cap. 30) immediately before the provisions of the Social Security Decree, 1972 (N.R.C.D. 127) became applicable to him.

(4) Where an employee whose appointment is terminated under sub-regulation (1) of this regulation has contributed to the Social Security Fund he shall be entitled to his contributions to the fund in accordance with the provisions of the Social Security Decree, 1972 (N.R.C.D. 127).

Regulation 64—Retirement on Medical Grounds.

An employee shall retire from the service of the Authority if, in accordance with the report of a Medical Officer, it is established that he is incapable by reason of infirmity of mind or body of discharging the duties of his post and that the infirmity is likely to be permanent.

Regulation 65—Termination of Special Contract or Temporary Appointments.

An appointment on special contract or temporary appointment shall, if not terminated earlier for any other reason under these Regulations, terminate on the expiry of the period specified in the appointment, but any such appointment may be extended or renewed at the discretion of the Board.

Regulation 66—Obligations of Employees on Leaving the Authority.

(1) An employee who leaves the Authority in any of the circumstances specified in regulation 59 of these Regulations shall settle all debts owed to the Authority by him, and shall hand over to the Authority all cash or other properties of the Authority in his possession or custody.

(2) The Authority shall, on being satisfied that the employee has discharged his obligations in respect of his liabilities to the Authority, pay the employee all his earned salary or wages, allowances and other entitlements.

Regulation 67—Social Security.

The Social Security Decree, 1972 (N.R.C.D. 127) shall be applicable to all employees including those on special contract.

PART X—MISCELLANEOUS

Regulation 68—Housing.

(1) The Authority shall generally be under no obligation to provide housing accommo-dation for any of its employees.

(2) Where such accommodation is however provided the rent payable shall be at the rates for the time being applicable in the civil service.

Regulation 69—Employees’ Co-operative Scheme.

Subject to the approval of the Board the employees of the Authority may operate voluntary co-operative or self-help scheme for the purpose of providing financial or other material assistance to themselves; except that such a scheme shall be operated under the supervision of a senior employee designated by the Managing Director.

Regulation 70—Confidential Reports.

It shall be the duty of every Depot or Station Manager to submit to the Managing Director on the 31st day of July in each year or at such other times as the Managing Director may prescribe confidential reports in the prescribed form on all employees placed in his charge.

Regulation 71—Overtime Payment.

(1) Subject to regulation 50 of the Labour Regulations, 1969 (L.I. 632) the Authority shall make provision for time-off or the payment of adequate remuneration to eligible employees who work overtime.

(2) Overtime work shall be paid at the rate of time and a quarter for normal working days and at double time on Saturdays, Sundays, public holidays and on days when the employee is other wise not supposed to be on duty.

Regulation 72—Tools Allowances.

An employee who with the prior approval of the Authority uses his own tools in the performance of his duties shall be paid an allowance at such rates as may be prescribed by the Authority.

Regulation 73—Medical Facilities.

(1) Every male employee, his wife and children, and every female employee and her children the names of whom appear in the personal record of such employee shall receive free medical attention including supply of drugs at the expense of the Authority at any Government hospital or other hospital or clinic approved by the Authority.

(2) For the purposes of sub-regulation (1) of this regulation free medical attention shall not include child delivery, treatment of illness caused by the employee's own fault or neglect or the cost of medical, dental, optical or surgical appliances except where these are required as a result of injury suffered by the employee in the course of his employment.

Regulation 74—Industrial Accidents.

Where an employee sustains personal injury by accident arising out of and in the course of his employment the employee shall be entitled to compensation in accordance with the provisions of the Workmen's Compensation Act, 1963 (Act 174).

Regulation 75—Uniforms and Protective Clothing.

(1) Where it is considered necessary, for the purposes of identification and protection, the Authority shall provide uniforms and protective clothing to its employees who must always wear these when on duty.

(2) The Authority shall bear fifty per centum of the cost of such uniform and the remaining fifty per centum by the employee payable within six months by a monthly instalment deductable at source from his pay.

(3) Until an employee has paid his full share of the cost of the uniform, it shall remain the property of the Authority and surrendered to the Authority when the employees leaves the service of the Authority.

(4) Protective clothing shall be supplied to an employee free of charge and shall remain the property of the Authority so however that an employee on leaving the Authority shall surrender it to the Authority.

Regulation 76—Transport Facilities.

All employees are entitled to free travel on any vehicle of the Authority to and from their places of work.

Regulation 77—Certificate of Service.

The Authority may at the request of an employee leaving the service of the Authority issue him with a certificate of service.

Regulation 78—Union Activities.

All employees are free to join Trade Unions but are not permitted to use official time to transact trade union business.

Regulation 79—Interpretation.

In these Regulations unless the context otherwise requires—

“Authority” means the Omnibus Services Authority;

“Board” means the Board as constituted under section 12 of the Omnibus Services Decree, 1972 (N.R.C.D. 71);

“Decree” means the Omnibus Services Decree, 1972 (N.R.C.D. 71);

“double time” shall be a reference to a double payment in respect of time worked and “time and a quarter” shall be similarly construed;

“employee” means an employee of the Authority;

“multiple increments” means two or more increments given for a year's service.

MAJOR-GENERAL N. A. AFERI, D.S.O.

Commissioner Responsible for Local Government

 

SCHEDULES

FIRST SCHEDULE

BOND

KNOW ALL MEN BY THESE PRESENTS AS FOLLOWS:—

That we ……………………………………...................... )First

……………………………..…………………..…................)Surety (Occupation and Address) and

………………………………...…………...........................)Second

…………………………………...……………….................)Surety (Occupation and Address)

the undersigned hereby jointly and severally bind ourselves our heirs, executors and administrators unto the Omnibus Services Authority for the faithful discharge by .................................................................................................................. ……………………………………………………………………... (Relation to Sureties)

Employee of the said Authority of any duties assigned to him and to pay for the amount of any losses caused negligently to the said Authority by the said .........................................................................…………………………………………… ………………………………………………………………………………………….…... whilst continuing to be so employed.

Wherefore we have this ...………… day of ………………19……………

Put our hands to this bond as follows:

Signed, Sealed and Delivered in)

the presence of:                          )                              ………...............……………

………………………………...)                                           First Surety

……………………………..…..)

Signed, Sealed and Delivered in   )

the presence of:                          )                              ...............……………………

………………………………....)                                           Second Surety

……………………………....…)

 

 

SECOND SCHEDULE

MATTERS ON WHICH DEPOT OR STATION MANAGERS SHALL REPORT

1. Appointments, Promotions and Dismissals.

2. State of Finance—Income and Expenditure particularly on purchases and payments.

3. Report on Vehicles.

4. Other occurrences worthy of note.

 

 

THIRD SCHEDULE

ADVANCES FOR THE PURCHASE OF MEANS OF

TRANSPORT

 

Paragraph 1—Advances for the Purchase of Motor Cars.

(1) All applications for advances to purchase motor cars should be forwarded to the Managing Director for approval. Such advances may be granted only in the following circumstances:

(a) All employees on a basic salary of not less than ¢2,000.00 per annum are eligible to receive an advance for purchase of a motor car.

(b) Employees on salaries ranging between ¢1,600.00 and ¢1,999.00 may be entitled to receive such advances if the Managing Director is satisfied that they are required to travel at least 300 miles per month or 3,500 miles per year on duty.

(c) Employees on a salary of less than ¢1,600.00 may be granted such an advance on purely medical grounds.

(d) Except in the case of advances granted under the provisions of sub-paragraph (1) (c) of this rule, the grant of an advance to purchase a motor car implies approval of the maintenance allowance category appropriate to the employee's car.

(e) The monthly deductions in respect of a car advance when added to other monthly deductions from the employee's monthly salary does not financially embarrass him, that is to say the total monthly deductions do not exceed 40 per cent of his monthly salary.

(f) The balance of any previous advance to buy a vehicle must have been repaid.

(g) No advance may be granted if a previous similar advance has been made within six years but this rule may be waived if the applicant's present vehicle has in the opinion of the Managing Director become unsuitable for the performance of his duties by some defect in it (in which case an Engineer's report from the State Transport Corporation should be submitted) or by his posting to different duties; or if other circumstances obtain which in the opinion of the Managing Director justify another advance.

(h) In such circumstances as referred to in sub-paragraph (1) (g) of this rule if the applicant sells the vehicle in accordance with the Managing Director's directions, he may without repaying the balance of the previous advance, be granted an additional advance not greater than the difference between the amount received on selling the vehicle (or the unrepaid balance of the advance whichever is the greater) and the limit imposed by paragraph 2 of this rule so that he may buy a more suitable vehicle.

(2) An advance for the purchase of a car must not exceed any one of these amounts:

(a) the cost of the car (including customs duty and purchase tax) with comprehensive insurance for the first year;

(b) a maximum of ¢5,000.00 plus first year's insurance premium.

(3) Advances, together with interest of 5 per cent per annum, on the diminishing balances, must be repaid in equal monthly instalments over a period not exceeding:—

72 months for a new motor car or for one which has been licensed for less than one year;

60 months for a motor car which has been licensed for one year but less than two years;

48 months for a motor car which has been licensed for two years but less than three years;

36 months for a motor car which has been licensed for three years but less than four years;

24 months for a motor car which has been licensed for four years but less than five years;

12 months for a motor car which has been licensed for five years but less than six years.

(4) An employee who is on special contract or temporary appointment must repay the advance at such a rate that the balance outstanding at the end of the leave following the last tour of his present engagement does not exceed the gratuity, if any, that may then be due to him.

(5) Applications for advances to purchase motor cars must be submitted on the prescribed Form for approval by the Managing Director through the Depot or Station Manager together with the following:

(a) where the car is new and is being bought from a recognised firm in Ghana, pro forma invoice giving details of the car and selling price;

(b) where the car is new and home-delivered direct to applicant, shipping and customs documents, and certificate of valuation and full engineer's report from the State Transport Corporation;

(c) Where the car is second-hand and is being purchased in Ghana, a certificate of valuation and full engineer's report from the State Transport Corporation and a letter from the seller of the car that he has agreed to sell it to the applicant stating the selling price;

(d) notice of Change of Ownership (Ghana Police Form D)—the new owner of the car will be the Authority and the applicant; and

(e) prescribed Agreement Form in respect of the grant of the advance duly completed by the applicant.

 

Paragraph 2—Advances for the Purchase of Motor Vehicles other than Motor Cars, namely, Motor Cycles, Scooters and Auto-Cycles.

(1) The Managing Director may, provided a maintenance allowance has been approved by the Board for the post which the applicant holds, grant an advance for the purchase of a motor vehicle other than a motor car of the approved category to—

(a) any employee on a salary of not less than ¢1,600 per annum;

(b) an employee whose salary is less than ¢1,600.00 if the Depot or Station Manager is satisfied that the vehicle to be purchased is essential and in all respects suitable for the efficient performance of the employee's duties.

(2) Such an advance may not be granted if a similar advance has been made within five years, and must not exceed any one of the following amounts:—

(a) the cost of the vehicle (including customs duty and purchase tax) with comprehensive insurance for one year;

(b) the employee's basic salary or in the case of:—

(i) Category 1 Vehicle—maximum advance of ¢250.00;

(ii) Category 2 Vehicle—maximum advance of ¢400.00;

(iii) Category 3 Vehicle—maximum advance of ¢550.00; whichever is the greater. The balance of any previous advance to buy a vehicle must have been repaid. The vehicle to be purchased must have been licensed for the first time less than five years from the proposed date of purchase.

(3) Advances, together with interest of 5 per cent per annum on the diminishing balances, will be payable in equal monthly instalments over a maximum period as prescribed in sub-paragraph (3) of this paragraph.

 

Paragraph 3—Advances for the Purchase of Bicycles.

An advance for the purchase of a bicycle may be granted by the Managing Director to any employee with more than one year's service, in the following circumstances:—

(a) The Depot or Station Manager must be satisfied that a bicycle is necessary for or contributory to the efficient performance of the employee's duties and approval for the attachment of the appropriate maintenance allowance to the employee's post must have been given by the Board.

(b) The advance must not exceed ¢60.00 or the cost of the bicycle with comprehensive insurance for the first year whichever is the less.

(c) The balance of any previous advance for the purchase of a vehicle must have been repaid.

(d) No advance may be granted if a similar advance has been made within three years, unless there are special grounds which in the opinion of the Managing Director justify a waiver of this rule.

(e) An advance, together with 5 per cent per annum on the diminishing balances, must be repaid in equal monthly instalments over a period not exceeding two years.

 

Paragraph 4—Sale of Vehicles.

The approval of the Board must be obtained before the sale of a vehicle in respect of which any advance is outstanding.

 

Paragraph 5—Vehicles to be Insured.

(1) All means of transport purchased with an advance from the Authority should, as long as any amount of the advance remains outstanding, be insured comprehensively with a reputable Insurance Company. The Authority will make direct payment to the Insurance Company for the comprehensive insurance of the vehicle for the first year. Thereafter, the employee will keep the vehicle comprehensively insured for an amount equal to or greater than the advance outstanding until the advance has been fully repaid. The Authority may, on receipt of an application from an employee grant an interest-free loan equal to the insurance premium and payable by six equal monthly instalments. Employees will be required to produce within a week of the expiry of an insurance policy an evidence of renewal.

(2) The Managing Director may request an employee to produce at the appropriate dates annually the insurance in respect of a vehicle for which an advance has been granted and has not been fully repaid. Where an employee neglects to insure a vehicle in respect of which there is an outstanding advance, the Managing Director may take steps to have the vehicle insured and the cost deducted outright from the pay of the employee.

(3) Recommendations for approval of transport maintenance or mileage allowance shall be submitted to the Managing Director.

 

 

FOURTH SCHEDULE

TRAVELLING (OVERNIGHT) ALLOWANCES

(a) In Ghana:

Salary per annum                                                                Rate per night

                                                                                            ¢

Over ¢3,000.00 per annum   . .         . .         . .         . .        5.00

¢1,000.00 to ¢3,000.00 per annum  . .         . .         . .        3.00

Below ¢1,000.00 per annum  . .         . .         . .         . .        1.50

(b) Where an employee spends the night outside Ghana on official business he shall be paid an allowance at the rates approved by the Government.

 

 

FIFTH SCHEDULE

ANNUAL LEAVE ENTITLEMENTS

Employees on salary of                                              No. of working days

¢1,250 and above per annum  . .       . .        . .       . .        . .       28

¢800 to ¢1,249 . .       . .        . .       . .        . .        . .        . .       24

¢501 to ¢799    . .       . .        . .       . .        . .        . .        . .       18

¢500 and below  . .       . .        . .       . .        . .        . .        . .      15

 

 

SIXTH SCHEDULE

MAXIMUM PERIODS OF PAID SICK LEAVE

 

Category of Employee         Maximum Period on Full Salary      Maximum Period on Half Salary         Period without Salary           

Special Contract, Expatriate      and other Senior Employees  ..           

6 months       

6 months        Sick leave in excess of 12 months in any period of 4 years.      

Employees with five years or more continuous service    ..  ..     

3 months       

3 month          Sick leave in excess of 12 months in any period of 4 years.      

Employees with less than five years continuous service    ..   ..  

3 months       

3 months        Sick leave in excess of 6 months in any period of 12 months.   

Employees with less than twelve months continuous service     ..          

—       

—       

All sick  leave.           

 

Date of Gazette Notification: 28th September, 1973.

 

 

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