ACTS OF GHANA

OMNIBUS SERVICES DECREE, 1972 (NRCD 71)

As amended 

ARRANGEMENT OF SECTIONS

Section

PART I—OMNIBUS LICENSING AUTHORITY

1. Establishment of Omnibus Licensing Authority

2. Membership of the Licensing Authority

3. Proceedings of the Licensing Authority

4. Acts by the Licensing Authority

5. Other functions of the Licensing Authority

6. Staff.

PART II—LICENSING OF OMNIBUSES

7. Application for Omnibus licence

8. Issue of licence

9. Application of certain provisions of LI. 675.

PART III—THE OMNIBUS SERVICES AUTHORITY

10. The Omnibus Services Authority

11. Objects of the Authority

12. The Board

13. Tenure of office of Board Members

14. Remuneration of Board Members

15. Meetings of the Board

16. Advisory Committees

17. Composition of an Advisory Committee

18. Management

19. Staff of Authority

20. Secretary of the Authority

21. Internal Auditor

22. Board Members not to sponsor appointment

23. Staff welfare fund

24. Depreciation fund

25. Borrowing powers

26. Authority to keep proper books of account

27. Audit

28. Financial year

29. Approval of contracts

30. Estimates

31. Managing Director to submit quarterly reports

32. Annual report

33. Commissioner’s powers of direction

34. Insurance and exemption of taxes

35. Handing over operations

36. Regulations

37. Interpretation

38. Repeal.

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972 this Decree is hereby made:

PART I—OMNIBUS LICENSING AUTHORITY

Section 1—Establishment of Omnibus Licensing Authority.

There is hereby established a body to be known as the Omnibus Licensing Authority (hereafter in this Decree referred to as the “Licensing Authority”) which shall, notwithstanding anything in any other enactment to the contrary, be responsible for the licensing of all motor vehicles intended for use as omnibuses within a prescribed area.

Section 2—Membership of the Licensing Authority.

(1) The Licensing Authority shall consist of the following five members, that is to say:—

(a) a representative each of following Ministries:—

(i) Ministry of Internal Affairs;

(ii) Ministry of Transport and Communications;

(b) the Managing Director of the Omnibus Services Authority;

(c) three persons nominated by Commissioner one of whom shall be Chairman.

(2) All the members shall be appointed by the National Redemption Council.

(3) The terms and conditions of service of the Chairman and the other members of the Licensing Authority including their remuneration or allowances, if any, shall be stated in their letters of appointment.

Section 3—Proceedings of the Licensing Authority.

(1) The Licensing Authority shall meet and hold proceedings for the discharge of its functions under this Decree in such place and at such times as may be designated by the Commissioner.

(2) At any meeting of the Licensing Authority the Chairman or in his absence a member elected by the other members from among their number shall preside.

(3) Three persons shall form a quorum.

(4) Any member who has an interest in any vehicle or organisation in respect of which an application is made to the Licensing Authority shall declare his interest in writing to the Licensing Authority and shall not be qualified to sit at any meeting at which the application is considered.

(5) Any member who fails to make the declaration required by subsection (4) of this section shall be guilty of a misconduct and liable to be removed from the membership of the Licensing Authority.

Section 4—Acts by the Licensing Authority.

The Licensing Authority shall act by the Chairman or any other member designated by the other members to act in place of the Chairman and the use of any seal of the Licensing Authority shall be authenticated by the Chairman or any member so designated.

Section 5—Other Functions of the Licensing Authority.

In addition to its duties under section 1 of this Decree, the Licensing Authority shall—

(a) with the approval of the Commissioner, make and publish in the Local Government Bulletin, bye-laws prescribing—

(i) routes and parking places for omnibuses owned by public or private organisations or persons;

(ii) the fares to be paid by passengers on omnibuses owned by public or private organisations or persons;

(iii) the types of omnibuses to operate on particular routes in any prescribed area;

(iv) the code of conduct to be observed by passengers in omnibuses;

(v) offence and penalties with regard to any matter specified in this paragraph; and

(b) examine and report to the Commissioner on any matter referred to it by the Commissioner or taken up by itself with a view to the improvement of omnibus services within the prescribed areas.[As substituted by the Omnibus Services (Amendment) Decree, 1973 (NRCD 181).]

Section 6—Staff.

The Commissioner shall, in consultation with the Public Services Commission assign, and where necessary, arrange to be seconded, to the Licensing Authority an adequate number of suitably qualified staff to assist the Licensing Authority in the discharge of its functions under this Decree.

PART II—LICENSING OF OMNIBUSES

Section 7—Application for Omnibus Licence.

An application for the issue of an omnibus licence authorising a motor vehicle, duly registered under the Road Traffic Ordinance (No. 55 of 1952) to stand and ply for hire as an omnibus within any prescribed area, shall be made to the Licensing Authority in a form to be prescribed.

Section 8—Issue of Licence.

(1) An omnibus licence shall be issued in a form to be prescribed and subject to any conditions prescribed under section 5 of this Decree; so, however, that the Licensing Authority shall not issue a licence in respect of—

(a) a vehicle having a body work the whole or part of which is made of wood, or

(b) a vehicle having a body work with open sides; or

(c) a vehicle whose condition in its opinion is such as to render it unsafe or unsuitable for the conveyance of passengers, or which does not conform to the requirements of any other law relating to it.

Section 9—Application of Certain Provisions  of LI. 675.

In addition to the conditions prescribed by section 8 of this Decree, the provisions of regulations 53, 54, 56 and 57 of the Road Traffic Regulations, 1970 (LI. 675) (which state general conditions under which omnibus licences may be issued) shall also apply to the issue of an omnibus licence under this Decree with such modifications as may be necessary.

PART III—THE OMNIBUS SERVICES AUTHORITY

Section 10—The Omnibus Services Authority.

(1) There is hereby continued in existence under the same name the body which immediately before the coming into effect of this Decree was known as the Omnibus Services Authority, and hereinafter called “the Authority”.

(2) The Authority shall continue to be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The Authority shall have power for the effective discharge of any its functions to acquire, and hold any movable or immovable property, and to dispose of such property and to enter into any contract or other transaction.

(4) Where there is any hindrance to the acquisition of any property under subsection (3) of this section, the property may be acquired for the Authority under the State Property and Contracts Act, 1960 (CA. 6), or as the case may be, under the State Lands Act, 1962 (Act 125), and each such Act shall, as the case may be, apply with respect to any such acquisition with such modifications as may be necessary to provide for the vesting of the property acquired thereunder, in the Authority and for the cost of such acquisition to be defrayed by the Authority.

Section 11—Objects of the Authority.

The objects of the Authority shall be to provide omnibus transport service in all areas formerly served by the omnibus transport operations of Councils established under the Local Government Act, 1961 (Act 54), and in any other areas as the Commissioner may prescribe.

Section 12—The Board.

(1) The governing body of the Authority shall be a Board.

(2) The Board shall consist of—

(a) a representative of the Ministry of Local Government,

(b) the Managing Director appointed under section 18 of this Decree, and

(c) three other members nominated by the Commissioner.

(3) All the members of the Board including the Chairman shall be appointed by the National Redemption Council.

Section 13—Tenure of Office of Board Members.

(1) The members of the Board, other than the representative of the Ministry of Local Government and the Managing Director, shall hold office for a term of one year, so, however, that a member may at any time by writing addressed to the Commissioner resign his office or may be removed from office for proven disability, neglect of duty or misconduct.

(2) All members of the Board on ceasing to hold office shall be eligible for re-appointment.

Section 14—Remuneration of Board Members.

There shall be paid out of the funds of the Authority to all members of the Board as well as persons co-opted by the Board other than public officers, subsistence, travelling and other allowances at such rates as are determined by the Board with the approval of the Commissioner responsible for Finance.

Section 15—Meetings of the Board.

(1) The Board shall meet for the despatch of business at such times and at such places as the Chairman may appoint but shall meet at least once in every month.

(2) The Chairman shall preside at meetings of the Board and in his absence a member of the Board appointed by the members present from among themselves shall preside.

(3) Questions proposed at a meeting of the Board shall be decided by a majority of the votes of the members present and in the event of an equality of votes the person presiding shall have a second or casting vote.

(4) Three members shall form a quorum at any meeting of the Board.

(5) The Board may at any time co-opt any person to act as an adviser at any of its meetings, so, however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Board.

(6) Minutes of the proceedings of every meeting of the Board shall be regularly entered in a book to be kept for that purpose and shall, after approval, be signed at the next ensuing meeting by the Chairman, or as the case may be, by the member presiding at that meeting.

(7) The Chairman may, at any time, and, shall at the request in writing of three members of the Board call a special meeting of the Board.

(8) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

(9) Any member of the Board who has any financial interest in any company or undertaking with which the Authority proposes to enter into any contract or who has any financial interest in any contract which the Authority proposes to make, shall disclose to the Board in writing the nature of his interest and shall be disqualified from participating in any deliberations of the Board on the contract or voting in any decision of the Board on such contract.

(10) Any member of the Board who contravenes subsection (9) of this section shall be liable to be removed from the Board.

Section 16—Advisory Committees.

(1) There shall be established for each area of the Authority’s operations an Advisory Committee which shall advise the Board, through the Managing Director, generally, on the efficient conduct or management of the Authority’s operations, and also on the appointment, promotion, remuneration or allowances, discipline and dismissals of staff in the area for which the Advisory Committee is appointed.

(2) It shall also be the duty of an Advisory Committee to advise on any other matters as are submitted to it by the Board.

Section 17—Composition of an Advisory Committee.

An Advisory Committee shall consist of the following persons:—

(a) a representative of the Council in charge of the area of the Authority’s operations who shall be Chairman;

(b) a senior Labour Officer—Member;

(c) the Manager of the Authority stationed in the area—Member, and

(d) the senior Police Officer in charge of the area or his representative —Member.

Section 18—Management.

(1) The Board shall, subject of the provisions of this Decree, have the sole management of the property, operation, income and funds of the Authority and control of the affairs of the Authority as regards general policy.

(2) The Authority shall have a Managing Director.

(3) The Managing Director shall be appointed by the National Redemption Council and shall hold office upon such terms and conditions as may be specified in the letter or instrument appointing him.

(4) The Managing Director shall subject to the provisions of this Decree be responsible to the Board for the day-to-day administration of the Authority.

Section 19—Staff of Authority.

(1) The Authority may from time to time engage such employees as may be necessary for the proper and efficient conduct of the business and functions of the Authority.

(2) The Authority may also engage the service of such consultants and advisers as the Board may upon the recommendations of the Managing Director determine.

(3) The employees of the Authority shall be appointed by the Board in consultation with the Public Services Commission.

(4) Subject to any regulations that the Commissioner may make under this Decree, the employees, consultants and advisers of the Authority shall be engaged upon such terms and conditions as the Board may, on the recommendations of the Managing Director determine.

(5) Public officers may be transferred or seconded to the Authority or may otherwise give assistance thereto.

Section 20—Secretary of the Authority.

(1) The Authority shall have an officer to be designated as the Secretary of the Authority.

(2) The Secretary shall act as Secretary to the Board and shall, subject to the directions of the Board, arrange the business for and cause to be recorded and kept minutes of all meetings of the Board.

(3) The Secretary shall be responsible for all legal matters relating to the Authority and shall also perform such other functions as the Board may by writing direct or as the Managing Director may by writing delegate to him, and shall be assisted in his functions by such of the staff of the Authority as the Board may on the recommendations of the Managing Director direct.

Section 21—Internal Auditor.

(1) The Authority shall have an Internal Auditor.

(2) Subject to the provisions of this Decree the Internal Auditor shall be responsible to the Managing Director for the performance of his functions.

(3) As part of his functions under this Decree the Internal Auditor shall, at intervals of three months, prepare a report on the internal audit work carried out by him during the period of three months immediately preceding the preparation of the report and submit the report to the Managing Director.

(4) Without prejudice to the general effect of subsection (3) of this section the Internal Auditor shall make in each report such observation as appears to him necessary, as to the conduct of the financial affairs of the Authority during the period to which the report relates.

(5) The Internal Auditor shall send a copy of each report prepared by him under this section to the Commissioner and also to the following:—

the Commissioner responsible for Finance,

the Auditor-General, and

the Chairman and each of the other members of the Board.

Section 22—Board Members not to Sponsor Appointment.

No member of the Board shall personally sponsor any application for the employment of any person under this Part, and any member who infringes the provisions of this section shall be liable to be removed from the Board.

Section 23—Staff Welfare Fund.

(1) The Authority shall have a staff welfare fund.

(2) At the end of each financial year, the Authority shall transfer to the Staff Welfare Fund such sum, not exceeding 5 per cent of the net profits of the Authority as the Board may determine.

(3) The Authority may, with the approval of the Commissioner, use the Staff Welfare Fund for the provision of staff welfare facilities such as canteens, low interest bearing staff welfare loans and for other purposes aimed at enhancing the welfare of the staff of the Authority.

(4) The operation of the staff welfare fund shall be subject to such specific rules or regulations as may be made by the Board.

Section 24—Depreciation Fund.

(1) The Authority shall have a depreciation fund and for this purpose the Authority shall open a Depreciation Reserve Account with the Bank of Ghana.

(2) At the end of each financial year the Authority shall transfer to the credit of the Depreciation Reserve Account all amounts charged to profit and loss account in respect of depreciation of buildings, plant and equipment, fixtures and other fixed assets.

(3) Amounts so transferred to the Depreciation Reserve Account shall be utilised only to replace fixed assets and equipment which are worn out or have become obsolete.

(4) Expenditure in respect of current repairs and in respect of purchases of spare parts shall not be met out of the Depreciation Reserve Account but shall be charged to the income and expenditure account of the Authority for the financial year during which the expenditure is incurred.

Section 25—Borrowing Powers.

(1) The Authority may obtain loans and other credit facilities on the guarantee of the Government from the National Investment Bank or from such other Bank as the Commissioner and the Commissioner responsible for Finance may approve.

(2) Apart from the powers of the Authority under subsection (1) of this section the Authority may, with the prior approval of the Commissioner and the Commissioner responsible for Finance borrow from any other source.

(3) For the purpose of any technical arrangement in connection with the raising of any loan under subsection (2) of this section, the Authority shall, if the National Investment Bank agrees, use the services of that Bank.

(4) The Authority may borrow temporarily by way of overdrafts or otherwise such sums as it may require for meeting its current obligations or discharging its functions.

(5) The Commissioner responsible for Finance may on behalf of the Government, guarantee the performance of any obligations or undertaking by the Authority under this section.

(6) The Commissioner responsible for Finance may from time to time prescribe the maximum sums which the Authority may borrow under subsection (1) or (2) of this section.

Section 26—Authority to Keep Proper Books of Account.

The Authority shall keep proper books of account and proper records relating thereto and the account books and records of the Authority shall be in such form as the Auditor-General may approve.

Section 27—Audit.

(1) The books and accounts of the Authority shall each year be audited by the Auditor-General, who shall at all times be entitled to have access to all books, records, stores, and other matters relating to such accounts, and who shall in his report, draw attention to irregularities in the accounts audited by him.

(2) The Authority shall pay in respect of such audit such fee (if any) as the Auditor-General and the Board may agree or in the case of failure to agree, such fee as the Commissioner may fix.

(3) It shall be the duty of the Board, as soon as possible, upon receiving the report of the Auditor-General under this section, to forward a copy of such report to the Commissioner.

(4) The Commissioner shall as soon as practicable upon receipt thereof, cause to be laid before the National Redemption Council a copy of the Auditor-General's report forwarded to him under this section.

Section 28—Financial Year.

(1) The Authority's financial year shall end on the 30th day of June, in each year.

(2) For the purposes of this section, the period extending from the commencement of this Decree to the 30th day of June, 1972 shall be deemed to be a financial year.

Section 29—Approval of Contracts.

Any contract entered into which is of the value of N¢2,000.00 or more shall be voidable unless the same shall have been executed with the approval of the Board.

Section 30—Estimates.

(1) The Authority shall submit for the approval of the Board at such time and in such manner as the Board may direct, detailed estimates of its revenue and expenditure for the next ensuing financial year.

(2) No expenditure shall be incurred by the Authority on anything for which the Board has not given its approval in the estimates.

Section 31—Managing Director to Submit Quarterly Reports.

The Managing Director shall prepare and submit to the Board, as soon as possible after the end of each quarter, a report on the operations of the Authority during that quarter.

Section 32—Annual Report.

(1) The Authority shall, as soon as possible after the expiration of each financial year, but within six months after the termination of that financial year, submit to the Commissioner an annual report dealing generally with the activities and operations of the Authority within that year, which shall without prejudice to the generality of the foregoing include—

(a) a copy of the audited accounts of the Authority together with the Auditor-General's report thereon,

(b) each report submitted by the Internal Auditor under section 21 of this Decree.

(c) each report submitted by the Managing Director under section 31 of this Decree,

(d) a statement of all directions given by the Commissioner to the Authority under section 33 of this Decree within that year,

(e) such other information as the Commissioner may in writing request.

(2) A copy of the annual report of the Authority shall be sent by the Authority to the Commissioner responsible for Finance, and the Head of the Central Bureau of Statistics.

(3) The Commissioner shall, as soon as possible after receiving the annual report of the Authority, cause the report to be laid before the National Redemption Council.

(4) The Authority shall also submit to the Commissioner such other reports on its operations as the Commissioner may in writing reasonably request from time to time.

Section 33—Commissioner's Power of Direction.

The Commissioner may, subject to the provisions of this Decree, give directions of a general nature to the Authority concerning the general policy of the Authority on all matters including financial management, and the Authority shall be bound to comply with such directions.

Section 34—Insurance and Exemption from Taxes.

(1) The Authority shall insure itself and all or any of its property or staff against risks of any kind.

(2) The Authority shall be exempted from the payment of such taxes, rates and duties as the Commissioner responsible for Finance may by writing, with the prior approval of the Executive Council, direct.

Section 35—Handing over Operations.

The Commissioner, upon the recommendations of the Board, may by legislative instrument hand over to any Council the control and management of the omnibus transport operations of the Authority within the area of authority of that Council where such Council is desirous of, and is shown to be capable of, taking over such control and management.

Section 36—Regulations.

(1) The Commissioner may by legislative instrument make regulations for carrying into effect the principles and provisions of this Decree.

(2) Without prejudice to the generality of subsection (1) of this section, the Commissioner may, by legislative instrument, make regulations governing the terms and conditions of service of employees of the Authority.

Section 37—Interpretation.

In this Decree unless the context otherwise requires—

“Council” means any body or authority established under any enactment for the time being in force, for the purposes of local government;

“Commissioner” means Commissioner responsible for Local Government;

“prescribe” means prescribed by regulations made under section 36 of this Decree;

“prescribed area” means any area prescribed by the Commissioner.

Section 38—Repeal.

The Omnibus Services Authority Decree, 1969 (NLCD. 337) is hereby repealed.

Made this 30th day of May, 1972.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council.

Date of Gazette Notification: 2nd June, 1972

amended by

OMNIBUS SERVICES (AMENDMENT) DECREE, 1973 (NRCD 181).1