ROAD FUND ACT, 1997 (ACT 536)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT OF THE ROAD
FUND
Section
1. Establishment of Road Fund
2. Object of the Road Fund
3. Financial Resources of the Fund
4. Bank Account for the Fund
PART II—MANAGEMENT OF THE FUND
5. Establishment of the Fund
Management Board
6. Management of the Fund
7. Tenure of office of Members
8. Allowances for Members
9. Meetings of the Board
10. Disclosure of interest
11. Charges on the Fund
12. Annual Road Programme and
Annual Expenditure Programme
13. Disbursement of the Fund
14. Withdrawal procedure
PART III—FINANCIAL PROVISION AND
ADMINISTRATION
15. Accounts and Audit
16. Secretarial services for the
Fund
17. Financial Year
18. Annual Report
19. Interpretation
THE FIVE HUNDRED AND THIRTY-SIXTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE ROAD FUND ACT, 1997
AN ACT to establish a Fund to be
known as the Road Fund to finance
routine and periodic maintenance
and rehabilitation of public
roads; to provide for the
management of the Fund and to
provide for related matters.
DATE OF ASSENT: 29TH AUGUST, 1997.
BE IT ENACTED by Parliament as
follows
PART I—ESTABLISHMENT OF THE ROAD
FUND
Section 1—Establishment of Road
Fund.
There is established by this Act a
Road Fund referred to in this Act
as "the Fund."
Section 2—Object of the Road Fund.
(1) The object of the Fund is to
finance routine, periodic
maintenance and rehabilitation of
public roads in the country.
(2) The Fund shall also be used to
assist the Metropolitan, Municipal
and District Assemblies in the
exercise of their functions
relevant to public roads under any
enactment.
Section 3—Financial resources of
the Fund.
The monies for the Fund shall be
derived from
(a) such proportion of government
levy on petrol, diesel and refined
fuel oil as may be determined by
the Cabinet with the approval of
Parliament;
(b) bridge, ferry and road tolls
collected by the Authority;
(c) vehicle licence and inspection
fees;
(d) international transit fees,
collected from foreign vehicles
entering the country; and
(e) such monies as the Minister
responsible for Finance in
consultation with the Minister may
determine with the approval of
Parliament.
Section 4—Bank Account for the
Fund.
Monies for the Fund shall be paid
into bank accounts opened for the
purpose by the Road Fund
Management Board established under
section 5 of this Act.
PART II—MANAGEMENT OF THE FUND
Section 5—Establishment of the
Fund Management Board.
(1) There is hereby established a
management board for the Fund
which shall be known as the Road
Fund Management Board referred to
in this Act as "the Board".
(2) The Board shall be composed of
the following persons appointed by
the President -
(a) the Minister for Roads and
Transport or his representative
who shall be the Chairman;
(b) the Minister for Finance or
his representative;
(c) the Minister for Mines and
Energy or his representative;
(d) the Accountant-General or his
representative;
(e) the Minister for Local
Government and Rural Development
or his representative;
(f) two persons nominated from
outside the Ministry of Roads and
Transport by the Minister; and
(g) one representative from each
of the following organisations
nominated by the organisation
concerned—
(i)
the Association of Road
Contractors;
(ii) the Ghana Private Road
Transport Union;
(iii) the Ghana Private Enterprise
Foundation;
(iv) the Ghana Road Haulage
Association;
(v) the Ghana Institute of
Engineers; and
(vi) the Ghana National
Association of Farmers and
Fishermen (Crops).
Section 6—Management of the Fund.
(1) The Fund shall be managed and
administered by the Board
(2) For the purposes of subsection
(1) of this section the Board
shall -
(a) arrange for the collection of
monies assigned to the Fund;
(b) identify other sources of
funding;
(c) co-ordinate and ensure total
and timely accountability of the
Fund;
(d) recommend to the Cabinet after
consultation with the Minister for
Finance the level of the road
levy and other road user charges
that shall be paid into the Fund;
(e) improve arrangements for the
collection of road user charges by
the Minister or agents assigned
for the purpose;
(f) prepare and publish procedures
for the disbursement of the Fund;
(g) determine the certification
necessary to ensure that work is
completed according to
specification;
(h) review the annual expenditure
programmes of the road
implementing departments and
bodies;
(i)
determine how much of the
financing of the expenditure
programmes of the road agencies
should come from the Fund, taking
into consideration any
cost-sharing formula there may be;
and
(j) perform such other functions
as may be incidental to its
functions under this Act.
Section 7—Tenure of Office of
Members.
(1) A member of the Board other
than an ex-officio member shall
hold office for a period not
exceeding three years and is on
the expiration of that period
eligible for reappointment.
(2) A member of the Board other
than an ex-officio member may at
any time by letter addressed to
the President through the
Minister, resign his office.
(3) A member who is absent from
three consecutive meetings of the
Board without sufficient cause
shall cease to be a member.
(4) The Chairman or a member of
the Board may be removed from
office by the President for
inability to perform the functions
of his office, for stated
misbehaviour or for any other just
cause.
(5) The Chairman of the Board
shall through the Minister notify
the President of vacancies that
occur in the membership of the
Board within one month of the
occurrence of the vacancy.
Section 8—Allowances for Members.
The Chairman and other members of
the Board shall be paid such
allowances as the Minister, in
consultation with the Minister
responsible for Finance, may
determine.
Section 9—Meetings of the Board.
(1) The Board shall meet for the
despatch of business at such times
and in such places as the Chairman
may determine but shall meet at
least once every three months.
(2) The Chairman shall upon the
request of not less than one-third
of the membership of the Board
convene a special meeting of the
Board.
(3) The quorum at a meeting of the
Board shall be five members of
whom at least two shall be from
the public sector and two from the
private sector.
(4) Every meeting of the Board
shall be presided over by the
Chairman and in his absence by a
member of the Board elected by the
members present from among their
number.
(5) Questions before the Board
shall be decided by a majority of
the members present and voting.
(6) The Chairman or the person
presiding at a meeting of the
Board shall in the event of
equality of votes have a second or
casting vote.
(7) The Board may co-opt any
person to act as an adviser at its
meetings but no co-opted person is
entitled to vote at the meeting.
(8) The validity of the
proceedings of the Board shall not
be affected by a vacancy among its
members or by a defect in the
appointment or qualification of a
member.
(9) Except as otherwise expressly
provided for under this section,
the Board shall determine and
regulate the procedure for its
meetings.
Section 10—Disclosure of Interest.
(1) A member of the Board who is
directly interested in any matter
being considered or dealt with by
the Board shall disclose the
nature of his interest at a
meeting of the Board and shall not
take part in any deliberation or
decision of the Board with respect
to the matter.
(2) A member who fails to disclose
his interest under subsection (1)
of this section shall be removed
from the Board.
Section 11—Charges on the Fund.
Subject to section 2 of this Act
the charges on the Fund shall be
for -
(a) routine and periodic
maintenance of road and related
facilities;
(b) upgrading and rehabilitation
of roads;
(c) road safety activities;
(d) selected road safety projects;
and
(e) such other relevant matters as
may be determined by the Board.
Section 12—Annual Road Programme
and Annual Expenditure Programme.
(1) There shall be prepared
annually at least three months
before the end of each financial
year for the consideration and
approval of the Board, an Annual
Road Programme and Annual
Expenditure Programme in respect
of the next financial year by the
departments and bodies charged
with the implementation of the
road policies of the Ministry.
(2) The Annual Road Programme
shall be in such form and contain
such particulars as the Board
shall determine but shall include—
(a) the relevant Annual
Expenditure Programme of the
departments and bodies for the
next financial year;
(b) grounds for the expenditure in
respect of each road; and
(c) the revenue projections for
the financial year of the
department and bodies for the
Fund.
(3) Allocation from the Fund to
the implementing departments and
bodies shall be based among others
on the conditions of the road
network, maintenance requirements,
the length of the road network and
the relevant volume of the
traffic.
(4) The Board shall prepare the
total Annual Expenditure Programme
to be financed from the Fund in
consultation with the Ministry of
Finance and shall consider—
(a) the affordability of the
overall programme; and
(b) the appropriateness of the
amount allocated for each class of
road.
(5) The Board shall submit a
report of the prepared total
Annual Expenditure Programme to
the Minister for Roads and
Transport.
Section 13—Disbursement of the
Fund.
Money from the Fund shall only be
disbursed for goods and services
that form part of the approved
Annual Expenditure Programme.
Section 14—Withdrawal Procedure.
Money may be withdrawn from the
Fund upon presentation to the bank
of a cheque signed by
(a) the Chairman of the Board and
the representative of the
Accountant-General on the Board;
or
(b) the Chairman of the Board and
one other member representing a
private sector organisation on the
Board.
PART III—FINANCIAL PROVISIONS AND
ADMINISTRATION
Section 15—Accounts and Audit.
(1) The Board shall keep books of
account and proper records in
relation to them and the books of
account and records shall be in
such form as the Auditor-General
may approve.
(2) The books of account of the
Fund shall be audited by the
Auditor-General or by an auditor
appointed by him within 3 months
after the end of each financial
year.
(3) Without prejudice to
subsection (2) of this section, an
audit report on the Fund shall
specify whether in the opinion of
the Auditor-General—
(a) proper books of accounts have
been kept in respect of the Fund;
(b) the financial statement on the
Fund is accurate;
(c) payments made from the Fund
were in conformity with the
authorised expenditure properly
approved;
(d) the disbursements made were in
accordance with disbursement
procedures; and
(e) the accounting procedures and
internal control procedures were
accurate.
(4) In addition to the annual
audit, technical audits shall be
conducted on a selective basis by
the Auditor-General or by an
auditor appointed by the
Auditor-General on the
recommendation of the Board.
Section 16—Secretarial Services
for the Fund.
(1) The Chief Director of the
Ministry shall act as secretary to
the Fund and shall be responsible
for the day-to-day management of
the Fund.
(2) There shall also be provided
by the Ministry for the management
of the Fund such other staff as
shall be necessary.
Section 17—Financial Year.
The financial year of the Fund
shall be the same as the financial
year of the Government.
Section 18—Annual Report.
(1) The Board shall submit to the
Minister as soon as practicable
and in any event not more than six
months after the end of each
financial year a report dealing
generally with the activities and
operation of the Fund during the
year to which the report relates
and shall include
(a) the audited accounts of the
Fund and the Auditor-General's
report on the accounts of the
Fund;
(b) such other information as the
Board may consider necessary.
(2) The Minister shall within two
months after the receipt of the
annual report submit the report to
Parliament with such statement as
he considers necessary.
Section 19—Interpretation.
In the Act unless the context
otherwise requires—
"Annual Road Programme" means the
programme relating to routine and
periodic road maintenance;
"Annual Expenditure" means the
expenditure relating to routine
and periodic road maintenance;
"Authority" means the Ghana
Highway Authority;
"department" means any public
department charged with the
implementation of road policies;
"Minister" means the Minister
responsible for Roads and
Highways.
Date of Gazette Notification: 5th
September, 1997.
PUBLIC UTILITIES REGULATORY
COMMISSION ACT, 1997 (ACT 538)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT AND FUNCTIONS
OF PUBLIC UTILITIES REGULATORY
COMMISSION
Section
1. Establishment of Public
Utilities Regulatory Commission
2. Composition of the Commission
3. Functions of the Commission
4. Independence of the Commission
5. Tenure of office of members of
the Commission
6. Filling of vacancies
7. Allowances for members
8. Meetings of the Commission
9. Disclosure of interest
10. Committees of the Commission
PART II—PROVISION OF SERVICE AND
RATES
11. Duty to provide adequate
service
12. Order of the Commission to
comply with duty under section 11
13. Standards of performance of
public utilities
14. Agreement with public utility
to supply service
15. Restriction on refusal to
provide service
16. Guidelines for fixing rates
17. Cost of production
18. Approval of rates chargeable
for services
19. Publication of tariffs
20. Uniform rates of tariff
21. Filing of tariff
22. New service and change in
existing rates
23. Joint use of facilities
24. Duty of public utility to
furnish return and information
25. Ascertainment of value of
property of public utility
26. Obligation to provide bill
27. Adjustment of credit to
consumers
28. Interest to be paid on
deposits
PART III—COMPLAINTS AND
ENFORCEMENT OF DECISION OF THE
COMMISSION
29. Right of complaint to the
Commission
30. Procedure for complaints and
investigation
31. Establishment of consumer
services committees
32. Enforcement of decisions of
Commission
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
33. Executive Secretary
34. Appointment of other staff of
the Commission
35. Funds of the Commission
36. Accounts and audit
37. Annual report
PART V—OFFENCES, PENALTIES AND
MISCELLANEOUS PROVISIONS
38. Offences and penalties
39. Making or furnishing false
return or information
40. Obstruction of, or
interference with members,
officers of the Commission in
discharge of duties
41. Penalty for continuing offence
42. Offences by body of persons
43. Duty to co-operate with the
Commission by public utilities and
licensing authorities
44. Inspectorate
45. Procedures for dealing with
complaints from consumers
46. Register of public utilities
47. Exclusion of community water
supply from this Act
48. Regulations
49. Interpretation
50. Consequential amendment
51. Transitional Provisions
THE FIVE HUNDRED AND THIRTY-EIGHTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE PUBLIC UTILITIES REGULATORY
COMMISSION ACT, 1997
AN ACT to provide for the
establishment of a Public
Utilities Regulatory Commission to
regulate and oversee the provision
of utility services by public
utilities to consumers and to
provide for related matters.
DATE OF ASSENT: 16th OCTOBER,
1997.
BE IT ENACTED by Parliament as
follows -
PART I—ESTABLISHMENT AND FUNCTIONS
OF PUBLIC UTILITIES REGULATORY
COMMISSION
Section 1—Establishment of Public
Utilities Regulatory Commission.
(1) There is established by this
Act a Public Utilities Regulatory
Commission, in this Act referred
to as "the Commission".
(2) The Commission shall be a
body corporate with perpetual
succession and a common seal and
may sue and be sued in its
corporate name.
(3) The Commission may for the
discharge of its functions under
this Act acquire and hold any
movable or immovable property,
dispose of the property and 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 Commission under
the State Property and Contracts
Act, 1960 (C.A. 6) or the State
Lands Act, 1962 (Act 125).
Section 2—Composition of the
Commission.
The Commission shall be composed
of the following persons appointed
by the President in consultation
with the Council of State-
(a) a chairman;
(b) one person nominated by the
Trades Union Congress;
(c) one person nominated by the
Association of Ghana Industries;
(d) one representative of domestic
consumers;
(e) the Executive Secretary
appointed under section 33 of this
Act; and
(f) four other persons with
knowledge in matters relevant to
the functions of the Commission.
Section 3—Functions of the
Commission.
The functions of the Commission
are as follows-
(a) to provide guidelines on rates
chargeable for provision of
utility services;
(b) to examine and approve rates
chargeable for provision of
utility services;
(c) to protect the interest of
consumers and providers of utility
services;
(d) to monitor standards of
performance for provision of a
services;
(e) to initiate and conduct
investigations into standards of
quality of service given to
consumer;
(f) to promote fair competition
among public utilities;
(g) to conduct studies relating to
economy and efficiency of public
utilities;
(h) to make such valuation of
property of public utilities as it
considers necessary for the
purposes of the Commission;
(i)
to collect and compile such data
on public utilities as it
considers necessary for the
performance of its functions;
(j) to advise any person or
authority in respect of any public
utility;
(k) to maintain a register of
public utilities; and
(l) to perform such other
functions as are incidental to the
foregoing.
Section 4—Independence of the
Commission.
Subject to the provisions of this
Act, the Commission shall not be
subjected to the direction or
control of any person or authority
in the performance of its
functions.
Section 5—Tenure of Office of
Members of the Commission.
(1) A member of the Commission
other than the Chief Executive
shall hold office for a period not
exceeding five years and is on the
expiration of that period eligible
for re-appointment.
(2) A member of the Commission
other than the Chief Executive may
at any time by letter addressed to
the President resign his office.
(3) A member who is absent from
three consecutive meetings of the
Commission without sufficient
cause shall cease to be a member.
(4) The Chairman or other members
of the Commission may be removed
from office by the President in
consultation with the nominating
body for inability to perform the
functions of his office, for
stated misbehaviour or for any
other just cause.
(5) The Chairman of the Commission
shall notify the President of
vacancies that occur in the
membership of the Commission
within one month of the occurrence
of the vacancy.
Section 6—Filling of Vacancies.
(1) When a member of the
Commission other than the Chief
Executive is incapacitated by
illness or any other cause from
performing the functions of his
office for more than twelve
months, the President may acting
in consultation with the
appropriate institution appoint
another person to perform the
functions of the member until the
member is able to resume the
performance of his duties.
(2) Where a person is appointed to
fill a vacancy he shall hold
office for the remainder of the
term of the previous member and
shall, subject to the provisions
of this Act, be eligible for
re-appointment.
Section 7—Allowances for Members.
The Chairman and the other members
of the Commission shall be paid
such allowances as the President
may determine.
Section 8—Meetings of the
Commission.
(1) The Commission shall meet for
the despatch of business at such
times and in such places as the
Chairman may determine but shall
meet at least once every three
months.
(2) The Chairman shall upon the
request of not less than one-third
of the membership of the
Commission convene a special
meeting of the Commission.
(3) The quorum at a meeting of the
Commission shall be five members
and shall include the Chief
Executive or the person acting in
that capacity.
(4) Every meeting of the
Commission shall be presided over
by the Chairman and in his absence
by a member of the Commission
elected by the members present
from among their number.
(5) Questions before the
Commission shall be decided by a
majority of the members present
and voting.
(6) The Chairman or the person
presiding at a meeting of the
Commission shall in the event of
equality of votes have a second or
casting vote.
(7) The Commission may co-opt any
person to act as an adviser at its
meetings but no co-opted person is
entitled to vote at the meeting.
(8) The validity of the
proceedings of the Commission
shall not be affected by a vacancy
among its members or by a defect
in the appointment or
qualification of a member.
(9) Except as otherwise expressly
provided for under this section,
the Commission shall determine and
regulate the procedure for its
meetings.
Section 9—Disclosure of Interest.
(1) A member of the Commission who
is directly interested in any
matter being considered or dealt
with by the Commission shall
disclose the nature of his
interest at a meeting of the
Commission and shall not take part
in any deliberation or decision of
the Commission with respect to the
matter.
(2) A member who fails to disclose
his interest under subsection (1)
of this section shall be removed
from the Commission.
Section 10—Committees of the
Commission.
The Commission may for the
discharge of its functions appoint
committees of the Commission
comprising members of the
Commission or non-members or both
and assign to any such committee
such of its functions as it may
determine.
PART II—PROVISION OF SERVICE AND
RATES
Section 11—Duty to Provide
Adequate Service.
A
public utility licensed or
authorised under any law to
provide utility service shall-
(a) maintain its equipment and
property used in the provision of
the service in such condition as
to enable it to effectively
provide the service;
(b) make such reasonable effort
as may be necessary to provide to
the public service that is safe,
adequate, efficient, reasonable
and non-discriminatory; and
(c) make such repairs, changes,
extensions and improvements in or
to the service as may be necessary
or proper for the efficient
delivery of the service to the
consumer.
Section 12—Order of the Commission
to Comply with Duty under Section
11.
(1) Where the Commission discovers
on its own or upon a complaint
that the service provided by a
public utility is not in
accordance with section 11, the
Commission shall in writing direct
the provision of the adequate or
reasonable service that should be
provided by the public utility and
may include such other directions
as to secure compliance with
section 11.
(2) A direction under subsection
(1) may include payment of
compensation by the public utility
to any consumer for damage or loss
suffered on account of the failure
of the public utility to comply
with section 11.
(3) Where the technology employed
by a public utility is out of date
or where any advance in technology
which could result in an
improvement in the service or in
reducing the cost of the consumer,
has not been incorporated in the
service within a reasonable time,
the Commission may in writing
direct the public utility to take
such measures as the Commission
considers appropriate to remedy
the omission.
(4) A direction under subsection
(3) shall specify a reasonable
time for compliance and where
compliance is in stages, different
times may be specified to comply
with each stage.
Section 13—Standards of
Performance of Public Utilities.
(1) The Commission shall monitor
standards of performance
established by the licensing
authorities of public utilities
for compliance by public
utilities.
(2) Where a public utility fails
to meet any required standard of
performance, it shall pay such
compensation as the Commission in
consultation with the licensing
authority may determine to any
person adversely affected as a
result of the failure.
(3) The requirement for payment of
compensation under this section
(a) does not limit the right to
any other remedy at law which may
be available to the complainant;
(b) does not preclude the
Commission from taking any other
measure or imposing any other
sanction that the Commission has a
right to impose in respect of the
act or omission that constitutes
the failure.
Section 14—Agreement with Public
Utility to Supply Service.
(1) Where a public utility has
entered into an agreement with any
institution or body corporate for
the provision, development or
expansion of the service to be
provided or being provided by the
public utility and the
implementation of the agreement is
not effected within a reasonable
time in any material respect
without reasonable excuse, the
institution or body may make a
complaint to the Commission.
(2) Where the Commission, after
giving the complainant and the
public utility against which the
complaint is made a reasonable
opportunity of being heard, is
satisfied that the public utility
concerned has failed or refused to
implement the terms of the
agreement within a reasonable
time, the Commission may—
(a) direct the public utility to
pay to the institution or body
such sum as it considers
reasonable in the circumstances of
the case; or
(b) recommend to the licensing
authority of the public utility,
the cancellation or suspension of
its licence; or
(c) give such other directions as
it considers just in the
circumstances of the case.
Section 15—Restriction on Refusal
to Provide Service.
(1) Except where a licence or
authorisation given to a public
utility is revoked, suspended,
cancelled or expires in accordance
with the terms of the licence, no
public utility shall refuse to
provide its service generally
without prior written permission
of the Commission.
(2) Application for permission
under subsection (1) shall be
submitted to the Commission within
such period as the Commission
shall prescribe.
Section 16—Guidelines for Fixing
Rates.
(1) No public utility shall fix
any rate to be charged for any
service provided by it unless the
rate is in accordance with
guidelines provided by the
Commission.
(2) The Commission shall prepare
and provide to public utilities
guidelines on levels of rates that
may be charged by the public
utilities for the services
provided.
(3) In preparing the guidelines
the Commission shall take into
account -
(a) consumer interest;
(b) investor interest;
(c) the cost of production of the
service; and
(d) assurance of the financial
integrity of the public utility.
Section 17—Cost of Production.
(1) In order to assess the cost of
production of any service by a
public utility for the purpose of
this Act, the Commission may
investigate and determine whether
any expenditure incurred by the
public utility is justified or
reasonable.
(2) Where the public utility does
not itself produce or generate the
service which it provides to
consumers, but obtains it from
another source, the Commission may
investigate the cost of production
or generation of the producer or
generator in order to determine
the reasonableness of the rate
being charged or proposed to be
charged for the service concerned.
Section 18—Approval of Rates
Chargeable for Services.
(1) No public utility shall demand
any rate for the service it
provides unless the rate
chargeable for the service has
been approved by the Commission.
(2) No public utility shall
directly or indirectly demand or
receive for any service provided
by it a higher rate than the rate
approved by the Commission in
relation to it and which shall be
stated in the tariff filed with
the Commission under section 21.
(3) Subject to this Act but
notwithstanding subsection (2) a
public utility may with the
written permission of the
Commission demand and receive from
a consumer any special rate agreed
to by the public utility and the
consumer.
(4) The Commission shall before
approving any rates provide as far
as practicable the public utility
and consumers affected by the
rates a reasonable opportunity of
being heard and shall take into
account any representation made
before it.
(5) Notwithstanding the other
provisions of this section, the
power to approve rates under this
section for services to which this
section would otherwise have
applied shall not apply to export
of the service.
Section 19—Publication of Tariffs.
Rates approved by the Commission
shall be published by the
Commission in the Gazette and the
mass media.
Section 20—Uniform Rates of
Tariffs.
(1) The Commission may, having
regard to matters such as -
(a) the population distribution in
the country;
(b) the need to make the best use
of any natural resource of the
country;
(c) the economic development of
the whole country, fix a uniform
rate throughout the country, any
region or district for any service
provided by a public utility.
(2) Nothing in subsection (1)
prevents the Commission from
approving different rates for
different classes of consumers.
Section 21—Filing of Tariffs.
(1) Every public utility shall
within such time as may be
determined by the Commission, file
with the Commission in such form
as the Commission may specify,
tariffs showing the rates charged
by it for the service it provides.
(2) Copies of the tariffs shall be
made available to the public for
inspection.
Section 22—New Service and Change
in Existing Rates.
(1) Where a public utility starts
a new service for which rates are
chargeable or desires to revise
any existing rates charged by it
for any service, it shall file
with the Commission at least 60
days before the commencement of
the new service or the effective
date for the revised rates, notice
of the proposed new rates or
revised rates.
(2) The notice shall state -
(a) where it relates to the rate
for a new service -
(i)
the new rates;
(ii) the effective date of the
rates; and
(iii) any other particulars
specified by the Commission;
(b) where it relates to changing
existing rates
(i)
the existing rates and the
proposed rates;
(ii) the effective date of the
proposed rates;
(iii) the reasons for the change
in rates; and
(iv) any other particulars that
may be required by the Commission.
(3) The Commission shall within 30
days of receipt of the required
particulars take a decision on the
rates.
Section 23—Joint Use of
Facilities.
(1) A public utility may permit
the joint use of its equipment and
facilities by another public
utility for a reasonable
compensation where such
arrangement is convenient or
necessary and the use will not
result in damage to the owner or
other users of the equipment.
(2) Where a dispute arises with
respect to any such arrangement, a
complaint may be made by any of
the parties to the Commission
which shall settle the dispute.
(3) Notwithstanding subsections
(1) and (2) of this section, the
Commission may where it is
satisfied after investigation that
such joint use of equipment and
facilities -
(a) is necessary to provide safe,
adequate and economic service to
consumers;
(b) will not result in irreparable
damage to the owners or users of
the equipment or facilities; and
(c) is just and reasonable having
regard to the circumstances of the
case, direct that two or more
public utilities enter into such
arrangement for joint or combined
use or other arrangement upon such
terms, including compensation, as
the Commission may determine, for
the provision of any service;
except that the Commission may at
any time upon a complaint from any
public utility or consumer
affected by the directives modify
or revoke its earlier directives.
Section 24—Duty of Public Utility
to Furnish Return and Information.
(1) The Commission may in writing,
require a public utility to
furnish at such intervals as may
be specified by the Commission,
and at such other times as the
Commission may require, a detailed
report of finances and operations
of the public utility in such form
and containing such particulars as
the Commission may specify and the
public utility shall comply with
the request.
(2) A public utility shall upon
reasonable notice by the
Commission furnish to the
Commission all information
required by it and shall make
specific and complete answers to
all questions submitted by the
Commission.
(3) Whenever required by the
Commission upon reasonable notice,
a public utility shall deliver to
the Commission all contracts,
reports of engineers, documents,
books, accounts and other records
in the possession or control of
the public utility and in any way
relating to its property or
service or affecting its business,
or copies verified in such manner
as the Commission may specify.
Section 25—Ascertainment of Value
of Property of Public Utility.
(1) The Commission may in writing
direct the ascertainment by
appraisal, of the value of the
property of any public utility and
in that connection may enquire
into every fact which it considers
has any bearing on that value,
including the amount of money
actually and reasonably expended
by that public utility in order to
provide service reasonably
adequate to the requirements of
the public served by the public
utility.
(2) Expenses in connection with
any appraisal ordered by the
Commission, including all expenses
incurred in connection with it by
the public utility whose property
is the subject of the appraisal,
may, where the Commission directs,
be charged to the capital account
of the public utility.
Section 26—Obligation to Provide
Bill.
A
public utility shall give to every
consumer after every calendar
month or at such other intervals
as may be directed by the
Commission in relation to a
consumer or class of consumers,
other than consumers on prepayment
meters, a bill showing the sum
payable by the consumer for the
service provided by the public
utility during the preceding month
or other relevant period as may be
determined by the Commission.
Section 27—Adjustment of Credit to
Consumers.
Where in respect of any change in
rates payable by a consumer for
any service, a consumer becomes
entitled to receive any sum from a
public utility, the sum shall be
adjusted towards any sum that may
become payable by the consumer to
the public utility for any further
period or paid in cash to the
consumer as may be agreed upon by
them.
Section 28—Interest to be Paid on
Deposits.
(1) A public utility that requires
its consumers to make cash deposit
with the public utility as a
condition precedent to receiving
service offered by the public
utility, shall pay interest on the
deposit at such rate as the
Commission shall determine except
that no interest shall be paid on
deposits held by the public
utility for less than six months.
(2) Subject to subsection (1),
where applicable, a public utility
shall disclose to the consumer
with its final billing statement
in each calendar year, the amount
of interest which has accumulated
on deposits during the calendar
year and the proportion which
stands to the credit of the
consumer.
PART III—COMPLAINTS AND
ENFORCEMENT OF DECISIONS OF THE
COMMISSION
Section 29—Right of Complaint to
the Commission.
(1) Any person may submit a
complaint to the Commission in
respect of a matter arising under
this Act.
(2) A complaint that relates to
provision of utility service or
rates chargeable for service
provided by a public utility shall
in the first instance be referred
to the Commission for
investigation and settlement.
(3) The Commission shall
investigate complaints received by
it unless it is of the opinion
that
(a) the complaint is trivial,
frivolous, vexatious or not made
in good faith; or
(b) the complaint is on the same
subject already under
investigation.
(4) The Commission does not have
power to investigate any matter
which is before a court.
Section 30—Procedure for
Complaints and Investigation.
The Commission shall by
legislative instrument prescribe
for matters relating to submission
of complaints to the Commission
and the hearing and determination
of the complaints.
Section 31—Establishment of
Consumer Services Committees.
(1) There may be established by
the Commission in such areas of
the country as it considers
necessary consumer services
committees.
(2) The Commission shall by
legislative instrument prescribe
the membership and functions of a
consumer services committee.
Section 32—Enforcement of
Decisions of the Commission.
Where, the Commission, whether
before or after any investigation,
makes any decision or gives any
direction, requiring any person to
do or desist from doing any act,
and there is failure on the part
of the person to comply with the
decision or direction, within a
specified period, if any, or
within a reasonable time, the
Commission may apply to the High
Court for the enforcement of the
decision or direction.
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
Section 33—Executive Secretary.
(1) The Commission shall have an
Executive Secretary who shall be
appointed by the President in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission.
(2) The Executive Secretary shall
be a member of the Commission.
(3) The Executive Secretary shall
hold office upon such terms and
conditions as shall be specified
in his letter of appointment.
(4) Subject to such general
directives as the Commission may
give, the Executive Secretary
shall be responsible for the
day-to-day administration of the
Commission and ensure the
implementation of the decisions of
the Commission.
(5) The Executive Secretary may
delegate the day-to-day
administration of the Commission
to any officer but the Executive
Secretary shall not be relieved
from ultimate responsibility for
the discharge of any delegated
function.
Section 34—Appointment of other
Staff of the Commission.
(1) The President acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission may appoint such
officers or other employees as may
be necessary for the effective
implementation of the functions of
the Commission.
(2) The President may delegate the
power of appointment of public
officers in accordance with
article 195(2) of the
Constitution.
(3) Other public officers may be
transferred or seconded to the
Commission.
(4) The Commission may engage the
services of such experts and
consultants as it considers
necessary on the recommendation of
the Executive Secretary.
Section 35—Funds of the
Commission.
The funds of the commission shall
include -
(a) Government subvention;
(b) any loans granted to the
Commission;
(c) any monies accruing to the
Commission in the course of the
performance of its functions under
this Act; and
(d) grants.
Section 36—Accounts and Audit.
(1) The Commission shall keep
books of account and proper
records in relation to them and
the account books and records of
the Commission shall be in a form
approved by the Auditor-General.
(2) The books of account of the
Commission shall be audited
annually by the Auditor-General or
an auditor appointed by him within
three months of the end of the
immediately preceding financial
year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Section 37—Annual Report.
The Chairman of the Commission
shall, as soon as possible after
the expiration of each financial
year but within six months after
the end of the year, submit to
Parliament an annual report
dealing generally with the
activities and the operations of
the Commission within that year
which shall include a copy of the
audited accounts of the Commission
together with the
Auditor-General's report on it.
PART V—OFFENCES, PENALTIES AND
MISCELLANEOUS PROVISIONS
Section 38—Offences and Penalties.
Any public utility which-
(a) fails to comply with standards
of performance in the provision of
utility services;
(b) refuses to provide its utility
service contrary to section 15(1);
(c) charges or demands for its
services rates not approved by the
Commission contrary to section
18(1);
(d) charges or demands a higher
rate than rate approved by the
Commission contrary to section
18(2);
(e) fails to submit within any
specified period tariffs of its
rates contrary to section 21;
(f) fails to submit new or
revision of any existing rates for
approval by the Commission
contrary to section 22;
(g) fails or refuses to provide a
bill to its consumers contrary to
section 26;
(h) fails or refuses to make the
requisite adjustment arising out
of any variation in rates contrary
to section 27;
(i)
fails or refuses to prepare and
submit to the Commission within
any specified time provided by or
under this Act any return or
information -
(i)
required to be furnished by or
under this Act; or
(ii) directed to be furnished by
the Commission for the purpose of
exercise or discharge of its
functions; or
(j) fails or refuses to answer any
question relevant to any matter
which is the subject of any
investigation before the
Commission, commits an offence and
is liable on summary conviction to
a fine not exceeding ¢10 million
and in default of payment the
principal officer or the secretary
of the public utility shall be
liable to imprisonment for a term
not exceeding 2 years.
Section 39—Making or Furnishing
False Return or Information.
A
public utility which makes any
return or furnishes any
information to the Commission
which is false in any material
particular commits an offence and
shall be liable on summary
conviction, to a fine not
exceeding ¢10 million.
Section 40—Obstruction of or
Interference with Members and
Officers of the Commission in
Discharge of Duties.
Any person, who obstructs or
interferes with a member of the
Commission, officer or other
person employed by the Commission
in the exercise of the powers
conferred or duties imposed by or
under this Act on him commits an
offence and shall be liable, on
summary conviction, to a fine not
exceeding ¢10 million or
imprisonment for a term not
exceeding two years or to both.
Section 41—Penalty for Continuing
Offence.
Where a public utility convicted
of an offence under this Act
continues to commit the offence
after conviction there shall be
imposed on the public utility a
fine of not less than ¢2 million
for each day that the offence is
continued and where there is
failure to pay the fine the
principal officer shall be liable
to imprisonment for such term as
the court may determine.
Section 42—Offences by Body of
Persons.
Where an offence under this Act or
any regulation made under it is
committed by a body corporate or
by a member of a partnership or
other firm, every director or
officer of that body corporate or
any member of the partnership or
other person concerned with the
management of the public utility
shall also be guilty of the
offence and shall on conviction,
be liable to a fine not exceeding
¢10 million for the offence and
shall in addition be liable to the
payment of compensation for any
damage resulting from the breach
unless he proves to the
satisfaction of the court that -
(a) he exercised due diligence to
secure compliance with the
provisions of the Act; and
(b) the offence was committed
without his knowledge, consent or
connivance.
Section 43—Duty to Co-operate with
the Commission by Licensing
Authorities.
Every body or institution
authorised by any enactment to
grant a licence to a public
utility for the provision of the
relevant utility service shall
assist the Commission in the
performance of its function under
this Act.
Section 44—Inspectorate.
(1) For the purpose of giving
effect to this Act the Commission
shall establish an Inspectorate
Division.
(2) The Commission may in writing
appoint a Chief Inspector and
other inspectors to carry out such
functions as the Commission may
determine for the purpose of
enforcing this Act and regulations
made under this Act.
(3) An inspector appointed under
this Act may at all reasonable
times enter any premises of a
public utility to inspect the
premises or generally to carry out
any function imposed upon him
under this Act or to ensure that
the provisions of this Act are
complied with.
Section 45—Procedures for Dealing
with Complaints from Consumer.
(1) Every public utility shall
establish procedures for dealing
with complaints by its consumers
or potential consumers of its
service.
(2) No procedure shall be
established and no modification of
the procedure shall be made,
unless-
(a) the public utility has
consulted persons or bodies that
constitute a fair representation
of consumers for whom it provides
the service; and
(b) the proposed procedure or
modification has been approved by
the Commission.
(3) A public utility shall
publicise the approved procedure
in such a manner as the Commission
may require and send copies of the
procedure, free of charge, to any
person who asks for it.
(4) The Commission may direct the
public utility to review its
procedures or the manner in which
it operates and makes
modifications to the procedures.
Section 46—Register of Public
Utilities.
(1) The Commission shall keep a
register in which shall be
recorded particulars of public
utilities.
(2) The register shall be open to
the public on such terms and
conditions as the Commission shall
determine.
Section 47—Exclusion of Community
Water Supply from this Act.
This Act shall not apply to supply
of water provided in a community,
where the supply of the water is
operated and managed by the
community concerned.
Section 48—Regulations.
(1) The Commission may by
legislative instrument make such
regulations as it considers
necessary for the implementation
of this Act.
(2) Without prejudice to
subsection (1) regulations may be
made in respect of all or any of
the following-
(a) the procedure for submission
of complaints, investigation and
determination of complaints; and
(b) any matter to be taken into
account by the Commission in
approving the rate for any service
provided by a public utility.
(3) Regulations issued under
subsections (1) or (2) shall be
under the signature of the
Chairman of the Commission.
Section 49—Interpretation.
In this Act unless the context
otherwise requires -
"Commission" means the Public
Utilities Commission established
under section 1 of this Act;
"consumer" means a person or his
successor who purchases, receives
or makes use of any service
provided by a public utility and
does not deliver or resell the
service to others;
"export" means the provision of
the service to any other country,
VALCO or a free zone area in
Ghana;
"licensing authority" means any
body or authority with power under
any enactment to grant licence or
rights to a public utility;
"principal officer" means the
person responsible for the
day-to-day administration of the
public utility;
"public utility" means any person
engaged in the provision for a
fee, whether directly or
indirectly, of any of the
following services to the public-
(a) the supply, transmission or
distribution of electricity;
(b) the supply, transmission or
distribution of water;
(c) such other public utility
services as the Commission shall
by legislative instrument
prescribe on recommendation of the
Minister with responsibility for
the service;
"rate" means fee, payment or
charge in the form of money for
any service provided by a public
utility;
"service" includes the supplying
or furnishing of any commodity
derived directly from the business
in which a public utility is
engaged to the consumer and the
placing at the disposal of the
consumer the facilities employed
in or connected with the supply of
that commodity.
Section 50—Consequential
Amendment.
(1) The Ghana Water and Sewerage
Corporation Act, 1965 (Act 310) is
amended by the repeal of section
2(2)(f) and section 14(b) and (d).
(2) The Volta River Development
Act, 1961 (Act 46) is amended by
the repeal of section 21(4).
Section 51—Transitional
Provisions.
Any public utility however
established and in existence at
the commencement of this Act shall
within 14 days of the appointment
of the Commission established
under this Act submit to the
Commission its existing and
proposed tariffs of rates
chargeable for the utility service
it provides for the approval of
the Commission and shall submit
such other information as the
Commission may in writing require.
Date of Gazette Notification: 17th
October, 1997.
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