ACTS OF GHANA

STANDARDS DECREE, 1973 (NRCD 173)

As amended by

STANDARDS (AMENDMENT) DECREE, 1979 (AFRCD 44)1

ARRANGEMENT OF SECTIONS

Section

1. Establishment of Ghana Standards Board

2. Aims

3. Functions and powers

4. Composition of the Board

5. Meetings of the Board

6. Director

7. Staff of the Board

8. Bye-laws

9. Rules

10. Committees

11. Standard specifications

12. Licences to use standard marks

13. Protection

14. Funds

15. Borrowing powers

16. Money to be paid into bank

17. Accounts

18. Annual report

19. Tax exemption

20. Bona fide acts

21. Offences and penalties

22. Offences by bodies of persons

23. Secrecy

24. Transfer of assets and liabilities

25. Interpretation

26. Repeal.

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

Section 1—Establishment of Ghana Standards Board.

(1) There is hereby established a body to be known as the Ghana Standards Board (in this Decree referred to as the "Board").

(2) The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in the name assigned to it in subsection (1) of this section.

(3) The Board shall have power, for the discharge of its functions, to acquire and hold any movable or immovable property, to dispose of such property by lease or otherwise 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 Board 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 Board and for the cost of such acquisition to be defrayed by the Board.

Section 2—Aims.

The aims of the Board shall be—

(a) to establish and promulgate standards with the object  of ensuring high quality of goods produced in Ghana, whether for local consumption or for export;

(b) to promote standardisation in industry and commerce;

(c) to promote industrial efficiency and development;

(d) to promote standards in public and industrial welfare, health and safety.

Section 3—Functions and Powers.

(1) Subject to the provisions of this Decree the Board shall perform such functions and exercise such powers as in its opinion are necessary to further most effectively the aims of the Board as set out in section 2 of this Decree.

(2) Without prejudice to the generality of the foregoing, the functions and powers of the Board shall be—

(a) to prepare, frame, modify, or amend specifications and promulgate standard specifications;

(b) to promote research in relation to specifications; and to provide for the examination and testing of goods, commodities, processes, and practices, and for those purposes the Board may establish such laboratories and other facilities as it thinks fit;

(c) to prohibit the sale or manufacture of foods in the national interest;[As substituted by Statndards (Amendment) Decree 1979, (AFRCD 44) ]

(d) to maintain the necessary machinery to ensure that goods prepared and manufactured for export are distinctly marked for export only, and to provide for the issue of a certificate to the effect that goods comply with the known requirement of standards in the country to which they are or about to be consigned, before the export of such goods is permitted;

(e) to prohibit the importation into Ghana of foods which have not been certified by the Board as complying with its standards;.[As substituted by Standards (Amendment) Decree 1979, (AFRCD 44)]

(f) to provide for the registration, and regulation of the use of standard marks;

(g) to undertake and encourage educational work in connection with standardisation;

(h) to collect and disseminate information relating to standardisation and related matters, including the publication of reports, pamphlets, booklets, journals, and any other publication;

(i) to develop and maintain a collection of library materials and a museum collection relating to standardisation and allied matters;

(j) to assist government departments, local authorities and other public bodies in the preparation of any specifications required by them;

(k) to co-operate with representatives of any industry, or with any government department, local authority, or other public bodies or persons with a view to securing the adoption of standards;

(l) to co-operate with any persons, associations, or organisations outside Ghana having similar functions with a view to furthering the functions of the Board;

(m) to solicit and accept for the purposes of the Board any money, land, or other property from any local authority, organisation, or person by way of grant, subsidy, donation, gift, subscription or otherwise;

(n) to become a member of or affiliate to any international body concerned with standardisation or any related matter;

(o) to endorse any international or other overseas specifications as suitable for use in Ghana, so, however, that any such endorsement shall not have the effect of making the specification a standard specification under this Decree;

(p) to appoint agents of the Board in Ghana or any other country for such purpose as it determines;

(q) to establish branch offices of the Board in Ghana;

(r) to institute training schemes for its staff either in Ghana or elsewhere in furtherance of its aims.

Section 4—Composition of the Board.

(1) The National Redemption Council shall appoint the members of the Board comprising the following:—

(a) the Chairman,

(b) the person appointed the Director under section 6 of this Decree, and

(c) four other members.

(2) 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.

(3) 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.

Section 5—Meetings of the Board.

(1) The first meeting of the Board shall be held at a time and place to be appointed by the Chairman of the Board.

(2) Subsequent meetings of the Board shall be held at such times and places as the Board may from time to time appoint but the Board shall meet at least six times in every year.

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

(4) The Chairman may, at any time, call a special meeting of the Board and it shall be the duty of the Chairman to call a special meeting of the Board at any time when requested to do so by a requisition in writing signed by at least three members of the Board.

(5) At any meeting of the Board four members shall form a quorum.

(6) Every question before any meeting of the Board shall be determined by a majority of the votes of the members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.

(7) No special meeting shall be held, unless at least seven days' notice in writing thereof and of the business to be transacted at the meeting has been given to the members of the Board.

(8) Subject to the provisions of this Decree and subject to the rules of the Board made under section 9, the Board may regulate its own procedure.

Section 6—Director.

(1) There shall be a Director who shall—

(a) be a person appointed by the Board on the recommendation of the Public Services Commission;

(b) hold office upon such terms and conditions as may be specified in his instrument of appointment.

(2) The Director shall be the administrative head, and chief disciplinary officer of the Board and shall be generally responsible to the Board for maintaining and promoting good order and efficiency.

(3) The functions of the Director shall further be prescribed by bye-laws.

Section 7—Staff of the Board.

The Board may employ such persons as advisors and consultants, officers or members of the technical, administrative and other staff of the Board as the Board deems necessary in pursuance of its aims.

Section 8—Bye-Laws.

(1) The Commissioner responsible for Industries may, on the advice of the Board, enact bye-laws to prescribe or regulate as the case may be—

(a) any matter which is required by this Decree to be prescribed by bye-laws;

(b) the powers and functions, constitution and terms of membership of such bodies as the Board or the Director may think proper to set up;

(c) the procedure for employment, the functions, duties and terms of office, of such officers as the Board thinks appropriate to employ; and the procedure for the conduct of disciplinary proceedings;

(d) all other matters in furtherance of the aims of the Board.

(2) No bye-law shall be made which is inconsistent with the provisions of this Decree.

Section 9—Rules.

(1) The Board may from time to time make, alter, and rescind rules not inconsistent with this Decree for all or any of the following purposes:—

(a) prescribing the manner in which specifications may be declared to be standard specifications;

(b) regulating the promulgation of standard specifications;

(c) providing for the amendment or revocation of any standard specification and regulating the procedure in relation thereto;

(d) governing—

(i) the treatment, processing and manufacture of goods;

(ii) the packaging, labelling,advertising and selling of goods; and

(iii) the size, dimensions, and other specifications of packages of goods;

(e) prescribing standards of composition, purity, or other property of goods;

(f) regulating the issue of licences for using standard marks, prescribing terms and conditions upon or subject to which, such licences may be issued; and providing for and regulating the renewal, suspension, or revocation of licences;

(g) prescribing methods of proving the existence or non-existence or the terms and conditions of any licence or consent issued or given under this Decree;

(h) prescribing the forms required for the purposes of this Decree;

(i) prescribing the sale price or methods of fixing the sale price of copies of standard specifications or any other publications for the purposes of this Decree;

(j) prescribing matters in respect of which fees are to be payable under this Decree or under rules made under this section, the amount of the fees, and the persons liable to pay them;

(k) authorising the refund or remission, in such circumstances as may be specified in rules made under this section, of any fees payable under this Decree or under rules made under this section;

(l) providing for the custody of the property of the Board and the custody and use of the common seal of the Board; and

(m) providing for such matters as may be necessary or expedient for the administration of the affairs of the Board or as may be required to be prescribed under this Decree.

(2) Where it is proposed to submit to any meeting of the Board a motion for the making, alteration, or rescission of any rules under this section, written notice of the motion shall be served on every member of the Board, at least fourteen days before the date of the meeting.

Section 10—Committees.

(1) The Board may from time to time appoint such committees as it thinks fit for the purpose of advising the Board on such matters relating to the Board's functions as are referred to them by the Board.

(2) Subject to any rules made under section 9 and to any directions given by the Board every such committee may regulate its own procedure.

Section 11—Standard Specifications.

(1) The Board may in accordance with the advice of the appropriate committee appointed under section 10(1), declare any specification, including an international or other overseas specification, to be a standard specification, for the purposes of this Decree and may in a like manner amend or revoke any such declaration.

(2) Whenever the Board has declared any specification to be a standard specification or has amended or revoked a standard specification, notification thereof shall be published in the Gazette.

(3) Any such standard specification, amendment, or revocation shall in addition, be promulgated in such manner as the Board directs or as specified by the rules of the Board.

(4) The fact that any specification has been declared to be a standard specification shall, in the absence of proof to the contrary, be sufficient evidence that the requirements of this section have been complied with.

Section 12—Licences to use Standard Marks.

(1) Any person desiring to use any standard mark in connection with any goods, commodity, process, or practice, may make application to the Board in such manner as the Board may determine or as may be prescribed.

(2) The Board may, if it is satisfied that the goods, commodity, process, or practice with respect to which the applicant desires to use a standard mark conforms to a standard specification, grant to the applicant a licence to use a standard mark upon, or subject to, such conditions, if any, as the Board may think fit or as may be prescribed by rules made under this Decree.

(3) No licence under this section shall be granted for any period exceeding one year:

Provided that, so long as the terms of any such licence are complied with, the licence may from time to time be renewed by the Board for such period or periods as it thinks fit, not exceeding one year at any time, and any such licence shall be deemed to have been renewed from time to time for periods of one year, unless specifically revoked.

(4) Every person to whom a licence is granted under this section shall, if and whenever required by the Board so to do, submit a sample for examination or testing or submit any information as the Board may require.

(5) Any sample or samples required under subsection (4) of this section to be submitted for examination or testing may be selected at random by any person authorised by the Board.

(6) When any sample or samples have been submitted or selected for examination or testing, there shall be payable to the Board by the licensee such costs for the examination or testing as may be prescribed.

(7) The Board shall keep a register in which there shall be recorded the details of every licence granted under this section.

(8) The register shall at all reasonable times be open for inspection by the public at the office of the Board.

(9) The Board may at any time revoke any licence granted under this section, for good cause; and any person who is aggrieved by such revocation may appeal to the Commissioner responsible for Industries not later than 28 days after the date of the revocation, and the Commissioner may confirm, reverse or otherwise vary the Board's decision.

Section 13—Protection.

The fact that any goods, commodity, process, or practice conforms, or is alleged to conform to a standard specification, or the fact that a standard mark is used in connection with any goods, or commodity, shall not give rise to any claim against the Government or the Board.

Section 14—Funds.

The funds and property of the Board shall consist of—

(a) any money appropriated by Government for the purposes of the Board;

(b) all money paid to the Board by way of grants, subsidies, donations, gifts, fees, subscriptions, rent, interest, and royalties;

(c) all money derived from the sale of any property held by or on behalf of the Board;

(d) all other money and property lawfully received by the Board for its purposes; and

(e) all accumulations of income derived from any such property or money.

Section 15—Borrowing Powers.

With the prior consent in writing of the Commissioner responsible for Finance, the Board may borrow money from Government or from any Corporation, local authority, or person, and, for the purpose of securing any money so borrowed, may mortgage, charge, or pledge any right, title, or interest in any of its property.

Section 16—Money to be Paid into Bank.

(1) All money received for or on behalf of the Board by an officer or employee of the Board amounting to twenty cedis or more shall, as soon as practicable after it has come into the hands of any such person be paid into such bank account or accounts of the Board as the Board may from time to time determine.

(2) No such money shall be withdrawn from the bank, except by cheque signed by an officer or employee of the Board approved by the Board and countersigned by another such officer or employee approved by the Board.

Section 17—Accounts.

(1) The Board shall keep full and correct accounts of all money received and expended by it, and the accounts shall be audited by the Auditor-General or any other person authorised by him, who for that purpose shall have and may exercise all the powers that the Auditor-General has in respect of public money.

(2) The Board shall, as soon as practicable after the end of each financial year ending with the thirtieth day of June, cause full and true statements of accounts of all the income and expenditure of the Board in that year and of its assets and liabilities at the end of that year to be prepared.

Section 18—Annual Report.

(1) The Board shall, not later than three months after the thirtieth day of June in each year, furnish the Commissioner responsible for Industries, a report of the activities of the Board during that year, and shall attach to the said report a copy of the accounts of the Board for that year certified by the Auditor-General or any other person authorised by the Auditor-General.

(2) A copy of the annual report of the Board including the accounts shall be laid before the National Redemption Council within twenty-eight days after the date of the receipt thereof by the said Commissioner.

Section 19—Tax Exemption.

The Board shall be exempt from such taxes and duties as the Commissioner responsible for Finance may by writing direct.

Section 20—Bona Fide Acts.

No member of the Board appointed or holding office under this Decree and no member of any committee appointed thereunder and no employee of the Board shall be personally liable for any act done or default made by the Board or any committee in good faith in the course of operations of the Board or any committee.

Section 21—Offences and Penalties.

(1) Every person commits an offence who—

(a) makes any statement or representation, whether in writing or not, or uses any mark, which conveys or is likely to convey the impression that any goods, process, or practice complies with a standard specification when it does not do so;

(b) makes any statement or representation, whether in writing or not, or uses any mark with reference to any goods, commodity, process, or practice, which conveys or is likely to convey the impression that a person who is not licensed to use a standard mark with reference to such goods, commodity, process, or practice is so licensed or is otherwise entitled to use a standard mark;

(c) without the authority of the Board, and for the purpose of gain or profit (whether by means of sale or otherwise) makes any statement or representation, whether in writing or not, whereby comparison is made in respect of any goods, commodity, process, or practice, with the standard provided for by any standard specification, unless he proves that he acted without intent to defraud; or

(d) having been licensed to use a standard mark, uses the standard mark after the revocation of his licence so to do, or otherwise than in accordance with the terms and conditions of his licence.

(2) Every person who commits an offence under subsection (1) of this section, shall be liable on summary conviction to a fine not exceeding five hundred cedis or to imprisonment for a term not exceeding two years and, in the case of a continuing offence, to a further fine not exceeding ten cedis for every day on which the offence is continued.

Section 22—Offences by Bodies of Persons.

In the case of an offence by a body of persons—

(a) where the body of persons is a body corporate (other than a partnership) every director and officer of that body shall also be deemed to be guilty of the offence; and

(b) where the body of persons is a firm, every partner of that firm shall also be deemed to be guilty of that offence:

Provided that no such person shall be deemed to be guilty of that offence, if he proves that such offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence.

Section 23—Secrecy.

(1) All information obtained by the Board or by any officer or employee thereof, or by any other person in the course of administration of this Decree as to any formula, process, or practice shall be treated as confidential, save for purposes connected with the administration of this Decree.

(2) The disclosure of any information relating to any formula, process, or practice to the Board or to any member, officer or employee thereof, or to any person for purposes connected with the administration of this Decree shall not prejudice any application subsequently made for a patent.

Section 24—Transfer of Assets and Liabilities.

(1) All assets and liabilities which immediately before the commencement of this Decree vested in the National Standards Board set up under the Standards Decree, 1967 (NLCD 199) are hereby vested in the Board.

(2) Every contract in respect of any matter subsisting between the National Standards Board and any other person immediately before the commencement of this Decree shall be deemed to subsist between the Board and such other person.

Section 25—Interpretation.

In this Decree, unless the context otherwise requires—

"goods" means any article, commodity, or any other matter that may be prescribed;

"rules" means rules made under section 9 of this Decree;

"specification" means a description of any goods,commodity, process or practice, by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, or other characteristics or by reference to any mark or label on any such goods, commodity, process or practice and includes a model form of bye-laws, a glossary of terms, definitions, or symbols, and a recommended practice;

"standard mark" means a mark licensed as a standard mark under section 12 of this Decree; and

"standard specification" means a specification which has been declared a standard specification under section 11 of this Decree.

Section 26—Repeal.

(1) The Standards Decree, 1967 (NLCD 199) is hereby repealed.

(2) Notwithstanding the repeal of the said enactment, every statutory instrument made thereunder, and in force immediately before the commencement of this Decree, shall, until altered, revoked or modified under this Decree, continue in force as if made under the corresponding provisions of this Decree.

Made this 2nd day of May, 1973.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 4th May, 1973.