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STATE ENTERPRISES COMMISSION LAW,
1987 (PNDCL 170)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Commission.
2. Objects and Functions of the
Commission.
3. Establishment of Board.
4. Qualifications of Members of
Board.
5. Functions of Board.
6. Tenure of Office and
Remuneration of Board Members.
7. Meetings of Board.
8. Executive Committee.
9. Additional Functions of
Executive Chairman.
10. Staff of Commission.
11. Funding of Commission.
12. Financial Year of Commission.
13. Accounts and Audit.
14. Government to give Directions.
15. Prescribed Bodies to Submit
Budgets, etc. to Commission.
16. Enterprises to Submit Annual
Reports to Commission.
17. Commission to Request
Information.
18. New Investments.
19. Payments of Dividends.
20. Commission to send Reports to
Council.
21. Disciplinary Action.
22. Chairman of Committee of
Secretaries to be Responsible for
Commission.
23. Regulations.
24. Dissolution of Existing
Commission.
25. Interpretation.
26. Modification of Existing
Enactments.
SCHEDULE
Schedule
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made—
Section 1—Establishment of
Commission.
(1) There is hereby established a
body to be known as the State
Enterprises Commission (hereafter
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 shall for the
discharge of its functions have
power to acquire and hold any
movable or immovable property or
enter into any contract or
transaction.
Section 2—Objects and Functions of
the Commission.
(1) The objects and functions of
the Commission in relation to each
of the bodies specified in the
Schedule to this Law (hereafter
referred to as "prescribed body")
shall be—
(a) to promote within the
framework of Government policy,
the efficient and profitable
operation of the prescribed body;
(b) to review the objectives,
programmes and plans of the
prescribed body and to monitor as
well as evaluate their
performance in relation to agreed
targets;
(c) to undertake operational and
management audit where necessary
with a view to improving the
performance of the prescribed
body;
(d) to transmit Government
policies with appropriate
guidelines for implementation by
the prescribed body;
(e) to review the organisational
structure and personnel policies
and practices of prescribed bodies
and advise the Government on the
remuneration and other conditions
of service of the staff of the
prescribed bodies, including
incentives and bonuses;
(f) to advise Government on the
criteria for the establishment of
new state enterprises and where
necessary advise the sector
ministries on state enterprises
rationalisation and
rehabilitation programmes;
(g) to advise Government on the
appointment and removal of chief
executives or members of Boards or
other governing bodies of the
prescribed bodies;
(h) to examine financial
structures and major investment
proposals of the prescribed bodies
and make appropriate
recommendations to Government;
(i)
to ensure that appropriate
dividends are paid to Government
by prescribed bodies;
(j) to ensure that the prescribed
bodies establish internal audit
units, corporate planning and
management information systems and
also to ensure the institution and
implementation of managerial and
professional training programmes
for their staff;
(k) to make recommendations on
application to the Ministry of
Finance and Economic Planning for
additional credit, government
guarantees, financing of capital
expenditure and investment plans,
for the prescribed bodies;
(l) to provide consultancy
services to a prescribed body for
an agreed fee which shall be paid
into the Consolidated Fund;
(m) to perform any other functions
which are incidental to the
objects of the Commission.
(2) The Commission may for the
discharge of its functions engage
the services of consultants.
(3) Where consultancy services are
required for or by a prescribed
body, the Commission may in
consultation with the prescribed
body engage the services of
consultants and the cost thereof
shall be borne by the prescribed
body.
Section 3—Establishment of Board.
(1) The Council shall appoint a
Board of Directors of the
Commission (hereafter referred to
as the "Board") which shall be the
governing body of the Commission.
(2) The Board shall consist of—
(a) an Executive Chairman;
(b) four Executive Directors;
(c) a representative each of the
Ministry of Finance and Economic
Planning and the Ministry of
Industries, Science and
Technology;
(d) two persons from the private
sector of the economy; and
(e) two other persons with
relevant experience in industry,
commerce or administration.
(3) All members of the Board shall
be appointed by the Council.
Section 4—Qualifications of
Members of Board.
(1) The Executive Chairman shall
be a person with a sound
educational background and not
less than ten years working
experience five of which should
have been in a top executive
position in a reputable
industrial, commercial, financial,
agricultural, public
administration or consultancy
organisation.
(2) An Executive Director shall be
a person with a sound educational
background and not less than eight
years working experience in the
fields of business management,
accounting and finance,
engineering, human resources
management or corporate planning.
Section 5—Functions of Board.
(1) The Board shall review and
decide on all policy matters of
the Commission.
(2) The Board may, for the
discharge of its functions,
appoint such sub-committees as it
deems necessary and may assign to
them such functions as it may
determine.
Section 6—Tenure of Office and
Remuneration of Board Members.
(1) A member of the Board except
the Executive Chairman and the
Executive Directors, shall hold
office for a period of five years
and may on the expiration of that
period be eligible for
re-appointment.
(2) The Council may terminate the
appointment of a member of the
Board on grounds of proven
misconduct or inefficiency.
(3) A member of the Board may at
any time in writing addressed to
the Council resign his office.
(4) The remuneration of the
Executive Chairman and the
Executive Directors and the
allowances of the other members of
the Board shall be determined by
the Council.
Section 7—Meetings of Board.
(1) The Board shall meet at least
once every month.
(2) The Executive Chairman may at
any time summon an emergency
meeting of the Board or shall at
the written request of any three
members of the Board summon such
meeting.
(3) At any meeting at which he is
present the Executive Chairman
shall preside and in his absence a
member of the Board elected by the
members present shall preside.
(4) Subject to the provisions of
this Law, the Board shall regulate
its own procedure.
(5) The quorum at every meeting of
the Board shall be seven of which
at least three shall be
non-Executive Directors.
(6) All decisions of the Board
shall as far as possible be taken
by consensus.
(7) Where no consensus could be
reached decisions of the Board
shall be taken by a vote of
majority of the members present,
and in the event of equality of
votes the Executive Chairman shall
have a casting vote.
(8) The Board may co-opt any
person to act as adviser at any
meeting of the Board:
Provided that such person shall
not vote on any matter for
decision by the Board.
(9) The proceedings of the Board
shall not be invalidated because
of any vacancy in the membership
or any defect in the appointment
or qualification of any members
thereof.
Section 8—Executive Committee.
(1) There shall be an Executive
Committee of the Commission which
shall consist of the Executive
Chairman who shall be the Chairman
and the four Executive Directors
referred to in section 3 of this
Law.
(2) The Executive Committee shall
be responsible to the Board for
the technical operations of the
Commission.
(3) The Executive Committee shall
meet at least once a week.
(4) The quorum for a meeting of
the Executive Committee shall be
three.
Section 9—Additional Functions of
Executive Chairman.
Subject to such general directives
as the Board may give on matters
of policy, the Executive Chairman
shall have the overall
responsibility for the day-to-day
administration of the Commission.
Section 10—Staff of Commission.
(1) There shall be a Secretary to
the Board to be designated as the
Solicitor/Secretary who shall be
appointed by the Board.
(2) The Solicitor/Secretary shall
also act as the legal adviser to
the Commission.
(3) The Board may engage such
professional staff as may be
necessary for the efficient
discharge of its functions.
(4) The Executive Chairman shall
be responsible for the appointment
of other categories of staff, so
however that this responsibility
may be delegated by him to such
senior officer as he may deem fit.
(5) The terms and conditions of
any member of staff appointed
under this section shall be
subject to approval by the Board.
Section 11—Funding of Commission.
The expenses of the Commission
including salaries, allowances and
pensions payable to or in respect
of persons serving on the
Commission shall unless otherwise
directed by the Council be a
charge on the Consolidated Fund.
Section 12—Financial Year of
Commission.
The financial year of the
Commission shall be the same as
that of the Government.
Section 13—Accounts and Audit.
(1) The Board shall ensure that
proper books of account are kept
on the financial affairs and
transactions of the Commission.
(2) The books of account of the
Commission shall be audited
annually by the Auditor-General or
an auditor appointed by him.
Section 14—Government to give
Directions.
(1) The Government may in writing
give directions on matters of
policy to any prescribed body
through the Board.
(2) Where however a sector
Secretary is authorised by any
enactment to give any directions
on matters of policy such
directions may be given in writing
through the Board to the
prescribed body concerned.
Section 15—Prescribed Bodies to
Submit Budgets, Etc. to
Commission.
Every prescribed body shall,
within such period as may be
prescribed by the Board submit its
annual budget, audited accounts,
annual reports and any other
report to the Commission.
Section 16—Enterprises to Submit
Annual Reports to Commission.
Every enterprise other than those
specified in the Schedule to this
Law, being an enterprise in which
the Government has financial
interests shall submit to the
Commission a copy of its annual
reports, and such other
information as the Commission may
from time to time request.
Section 17—Commission to Request
Information.
The Commission or any person
authorised in writing by the
Commission may by writing request
from any prescribed body or
officer thereof any information
within his knowledge which the
Commission considers necessary for
carrying out its functions under
this Law and it shall be the duty
of such prescribed body or officer
thereof to provide such
information.
Section 18—New Investments.
(1) No prescribed body shall
undertake any new commercial or
industrial enterprise or any major
expansion or modification without
prior submission to the Commission
of a detailed feasibility report
thereon and subsequent approval of
the Commission thereof.
(2) Copies of all draft public
agreements lodged with the Public
Agreements Board in accordance
with section 42 of the Provisional
National Defence Council
(Establishment) Proclamation
(Supplementary and Consequential
Provisions) Law, 1982 (P.N.D.C.L
42) by any prescribed body, shall
also be lodged with the
Commission.
Section 19—Payments of Dividends.
No prescribed body shall declare
and pay any dividends without the
approval in writing of the
Commission.
Section 20—Commission to send
Reports to Council.
(1) The Commission shall submit to
the Council within three months
after the end of every financial
year a report on its activities
and operations during the
preceding financial year.
(2) Without prejudice to the
generality of subsection (1) of
this section the annual report of
the Commission shall include—
(a) a copy of the audited accounts
of the Commission together with
the Auditor-General's report
thereon; and
(b) such other information as the
Council may request.
(3) The Commission shall submit to
the Council within six months
after the end of each year reports
on the operations and performances
of each prescribed body.
Section 21—Disciplinary Action.
The Commission or any person
authorised in writing by the
Commission may make
recommendations to the appropriate
authority for the institution of
disciplinary proceedings including
dismissal, suspension or
forfeiture of salary against any
officer of a prescribed body who
contravenes any provision of this
Law.
Section 22—Chairman of Committee
of Secretaries to be Responsible
for Commission.
The Commission shall be answerable
to the Council through the
Provisional National Defence
Council Member and Chairman, of
the Committee of Secretaries.
Section 23—Regulations.
The Board may, with the approval
of the Council, make regulations
for the proper implementation of
the provisions of this Law.
Section 24—Dissolution of Existing
Commission.
(1) The State Enterprises
Commission existing at the
commencement of this Law under the
State Enterprises Commission Act,
1981 (Act 433) is hereby dissolved
and accordingly that Act is hereby
repealed.
(2) Subject to the provisions of
this Law any rights, assets,
property, obligations, liabilities
and staff of the dissolved
Commission are hereby transferred
to the Commission.
Section 25—Interpretation.
In this Law unless the context
otherwise requires—
"Commission" means the State
Enterprises Commission established
under section 1 of this Law;
"Council" means the Provisional
National Defence Council;
"prescribed body" means a body
specified in the Schedule to this
Law;
"sector ministry" means the
Ministry responsible for the
particular prescribed body;
"sector Secretary" means the
Provisional National Defence
Council Secretary responsible for
the particular prescribed body.
Section 26—Modification of
Existing Enactments.
The provision of any enactment by
which a prescribed body is
established shall be deemed to
have been amended or modified by
this Law to the extent that that
provision is inconsistent with
this Law.
SCHEDULE
1. Architectural and Engineering
Services Corporation (AESC)
2. Bast Fibre Development Board
3. City Express Services
4. Food Distribution Corporation
5. Food Production Corporation
6. Ghana Airways Corporation
7. Ghana Broadcasting Corporation
8. Ghana Film Industry
Corporation
9. Ghana Highways Authority
10. Ghana Oil Palm Development
Corporation
11. Ghana Publishing Corporation
12. Ghana Industrial Holding
Corporation
13. Ghana Railways Corporation
14. Ghana Supply Commission
15. Ghana National Procurement
Agency
16. Ghana National Trading
Corporation
17. Ghana Water and Sewerage
Corporation
18. Irrigation Development
Authority
19. Graphic Corporation
20. Meat Marketing Board
21. New Times Corporation
22. Posts and Telecommunications
Corporation
23. State Construction Corporation
24. State Fishing Corporation
25. State Farms Corporation
26. State Hotels Corporation
27. Omnibus Services Authority
28. State Shipping Corporation
29. State Housing Corporation
30. Tema Development Corporation
31. Tema Food Complex Corporation
32. Tema Shipyard and Drydock
Corporation
33. State Transport Corporation
34. Achimota Brewery Company Ltd.
35. Automotive Technical Services
Ltd.:
(i)
Kowus Motors Ltd.
(ii) Kassbohrer (Ghana) Ltd.
(iii) Ghana Vehicles Assembly
Plant (Tema)
(iv) R.T. Briscoe (Ghana) Ltd.
36. Bonsa Tyre Company Limited
37. G.E.A. and Associates Ltd.
(i)
G.E.A. Packaging Ltd.
(ii) G.E.A. General Chemicals Ltd.
(iii) Gava Farms Ltd.
(iv) Victory Industries Ltd.
38. Ghamot Company Limited
39. Ghamot Enterprises Limited
40. Ghamot Vehicle Assembly
(Ghana) Limited
41. Ghamot Textiles Limited
42. Ghamot Estate (Ghana) Limited
43. Ghamot Leather Products
(Ghana) Limited
44. Ghamot Motor Engineering
Company Limited
45. Ghana Rice Mill Company
Limited
46. Ghana Rubber Estates Limited
47. Ghana Seed Company Ltd.
48. Ghana Sugar Estates Ltd.
49. Labadi Pleasure Beach Complex
Ltd.
50. Loyalty Industries Limited
51. National Industrial Company
Limited:
(i)
NIC Vehicle Assembly Plant and
Workshop
(ii) NIC Electrical Fittings and
Accessories Factory
(iii) NIC Electrical Lamps Factory
(iv) NIC Metal Fabrication Factory
(v) NIC Chemicals and Paints
Factory
(vi) NIC Soap and Detergents
Factory
(vii) NIC Kool Bottling Factory
(viii) Nictex Factory
(ix) NIC Weaving Factory
(x) NIC Knitting Factory
(xi) Establishment Tanios Saba
(Ghana) Ltd.
(xii) Nictrad
(xiii) Byblos Company Ltd.,
Takoradi
(xiv) City Commercial Ltd., Accra
(xv) Ghanaian General
Establishment (Kumasi) Ltd.
(xvi) Ghanaian Wood Industries
Ltd.
(xvii) NIC Estates
(xviii) NIC Farms
52. Volta Lake Transport Ltd.
53. Regional Development
Corporation:
(i)
Ashanti Regional Development
Corporation
(ii) Brong Ahafo Regional
Development Corporation
(iii) Central Regional Development
Corporation
(iv) Eastern Regional Development
Corporation
(v) Greater Accra Regional
Development Corporation
(vi) Northern Regional Development
Corporation
(vii) Upper Regional Development
Corporation
(viii) Volta Regional Development
Corporation
(ix) Western Regional Development
Corporation
Made this 10th day of March, 1987.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 16th
April, 19 |
