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STATUTORY CORPORATIONS ACT, 1964
(ACT 232)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Power to establish statutory
corporations.
2. Matters for which an instrument
may provide.
3. General powers of a
corporation.
4. Dissolution of a corporation.
5. Existing corporations.
6. Marketing Corporations.
6A.Restriction of execution etc
against statutory corporation.
6B.Miscellaneous provisions
relating to accounts and audits of
statutory corporations.
7. Repeal and saving.
THE TWO HUNDRED AND THIRTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE STATUTORY CORPORATIONS ACT,
1964
AN ACT to re-enact with amendments
the Statutory Corporations Act,
1961 (Act 41), to make provision
as respects the continuance of
existing statutory corporations;
and for purposes connected with
the matters aforesaid.
DATE OF ASSENT: 6th April, 1964
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Power to Establish
Statutory Corporations.
The President may, by legislative
instrument, provide for the
establishment as a body corporate—
(a) of an existing organisation or
body, not being already a body
corporate; or
(b) of a new organisation or body:
Provided that an existing
organisation or body shall not be
so established unless it was
originally constituted by or under
the authority of a Minister or is
required to act in accordance with
directions given by a Minister or
is otherwise under Government
control.
Section 2—Matters for which an
Instrument may Provide.
(1) An instrument made under the
foregoing section may make
provision for such incidental or
supplementary matters as appear to
the President to be necessary or
expedient for or in connection
with the establishment and
functioning of the corporation.
(2) The incidental or
supplementary matters referred to
in the foregoing subsection
include—
(a) the name of the corporation
and the composition and functions
of the corporation and its
governing body;
(b) the staff of the corporation
(including the transfer to the
corporation of public officers),
their remuneration, pensions and
allowances;
(c) the application or continued
application as respects any person
employed by the corporation of any
enactment relating to pensions,
with or without modifications;
(d) the provision of finance for
the corporation, including the
provision thereof out of moneys
provided by the National Assembly
or charged upon the Consolidated
Fund;
(e) the exemption of the property
and activities of the corporation
from any tax, rate or duty,
subject to the prior approval of
the Minister responsible for
administering the enactment which
authorises the tax, rate or duty;
(f) the application of any
enactment relating to the
compulsory acquisition of land or
any other property, with or
without modifications; and
(g) the making of bye-laws or
other instruments by the
corporation to regulate matters
falling within the scope of its
functions.
(3) Where provision is made in an
instrument for the transfer of
public officers to a corporation,
the employment of such officers by
the corporation shall be deemed to
be approved employment for the
purposes of any enactment relating
to the transfer of such officers
from the Public Service.
(4) Where an existing organisation
or body is established as a
corporation by an instrument made
under section 1 of this Act, then,
without prejudice to the
generality of subsection (1) of
this section the instrument may
provide for transferring to the
corporation the assets and
liabilities of the existing
organisation or body.
Section 3—General Powers of a
Corporation.
Every corporation established
under this Act—
(a) shall have perpetual
succession and a common seal;
(b) may sue and be sued in its own
name;
(c) subject to the provisions of
the instrument by which it was
established shall have power, for
any purpose which, in the opinion
of its governing body, is
necessary or expedient for or in
connection with the proper
exercise of the functions of the
corporation, to acquire and hold
any movable or immoveable
property, to sell, lease, mortgage
or otherwise alienate or dispose
of any such property, and to enter
into any other transaction.
Section 4—Dissolution of a
Corporation.
The President may by legislative
instrument dissolve a corporation
established or continued in
existence under this Act or a
corporation established by any
instrument made under the
Statutory Corporations Act, 1961
(Act 41), and may make such
provision as appears to him to be
necessary or expedient for winding
up the affairs of the corporation.
Section 5—Existing Corporations.
(1) Any corporation established by
an Act and any corporation
established by an instrument made
under the said Statutory
Corporations Act, 1961, being in
either case a corporation which is
in existence immediately before
the coming into operation of this
Act, shall on and after the
relevant date continue in
existence as a corporation
established by an instrument made
under section 1 of this Act; and
accordingly any Act or instrument
by which such a corporation is
established shall on the relevant
date be deemed to be repealed or
revoked (as the case may be).
(2) For the purpose of continuing
any such corporation in existence
the President shall have power, by
legislative instrument, to make
such provisions as appear to him
necessary or expedient for that
purpose and any instrument made
for such purpose shall be deemed
to be an instrument made under
section 1 of this Act.
(3) For the purposes of this
section a corporation shall be
regarded as being continued in
existence, notwithstanding that
the name or the composition of
the corporation is changed, if the
object and functions of the
corporation as continued remain
substantially the same as the
objects and functions of the
corporation as originally
established.
(4) In this section the expression
"the relevant date" means the date
of the coming into operation of a
legislative instrument made for
the purpose mentioned in
subsection (2) of this section.
Section 6—Marketing Corporations.
(1) In the case of a corporation
established or continued in
existence under this Act, being a
corporation which has as one of
its objects the regulation of the
marketing or export of any
foodstuff, product or article, the
President shall, without prejudice
to his powers under section 1 or
section 5 of this Act, have power,
in the instrument establishing or
continuing in existence the
corporation,—
(a) to provide for the manner in
which the price of such foodstuff,
product or article is to be
determined;
(b) to provide that no person
shall sell or buy such foodstuff,
product or article except in
accordance with the terms of the
instrument; and
(c) to make such other provisions
as appear to him to be necessary
or expedient for the purpose of
enabling the corporation
effectively to perform its
functions in connection with the
regulation of such marketing or
export; and for that purpose to
make provisions affecting persons
generally or any class or
description of person specified in
the instrument.
(2) An instrument made under the
foregoing subsection may create
offences for the contravention of
any of its provisions and may
provide a penalty therefor, so
however, that the penalty for any
one such offence shall not exceed,
in the case of a fine, one
thousand pounds, or in the case of
imprisonment, a term of one year,
or both such fine and
imprisonment.
Section 6A—Restriction of
Execution, etc. against Statutory
Corporation.
(1) In any action, suit or other
proceeding against a statutory
corporation (whether established
by or under this Act or by or
under any other enactment), no
execution or attachment or process
in the nature thereof shall be
issued against that statutory
corporation without the fiat of
the Attorney-General.
(2) An application for the
Attorney-General's fiat under this
section shall be in writing
accompanied by a copy of the
relevant judgment and such other
information as the
Attorney-General may request.
(3) Where the Attorney-General
grants his fiat a copy thereof
shall be filed in the Court in
relation to whose judgment the
fiat was sought and a copy shall
be served on the person on whose
behalf the application for the
fiat was made.
(4) As far as practicable, an
application for a fiat under this
section shall be dealt with by the
Attorney-General within one month
after receipt thereof.
(5) Where the Attorney-General
refuses to grant his fiat under
this section any money which may
by the judgment in question be
awarded against the statutory
corporation shall be paid by the
corporation from its funds. [As
Inserted by the Statutory
Corporations Act, 1964 (Amendment)
Decree 1972 (NRCD 120) s. 1].
Section 6B—Miscellaneous
Provisions Relating to Accounts
and Audit of Statutory
Corporations.
(1) The following provisions of
this section shall apply to every
statutory corporation whose
accounts are required by law to be
audited by the Auditor-General
whether the corporation was
established under this Act or by
or under any other enactment.
(2) Unless the provisions of the
enactment by or under which the
corporation was established or
under which the corporation exists
expressly states otherwise, every
statutory corporation shall cause
to be prepared and submitted to
the Auditor-General for the
purposes of audit by him its draft
accounts not later than three
months after the expiry of the
financial year of the Corporation
to which it relates.
(3) It shall be the duty of the
Auditor-General to notify the
Commissioner responsible for the
corporation, the Commissioner
responsible for Finance, the Board
or other governing body of the
corporation as well as the
Managing Director or other Chief
Executive of the Corporation, of
any failure by any corporation to
comply with the provisions of
subsection (2) of this section.
(4) Where any statutory
corporation fails to submit a
draft of its accounts within the
period prescribed by subsection
(2) of this section, the
Commissioner responsible for the
corporation or the Commissioner
responsible for Finance acting in
consultation with the Commissioner
responsible for the corporation
(if any) may, in writing, direct
that all the emoluments or any
part thereof of all or any of the
officers responsible for the
preparation and submission of the
draft accounts of the corporation
in question, or of any other
officer in respect of whom the
Commissioner giving the direction
is satisfied that he is
responsible for or has materially
contributed to the failure of the
corporation to comply with the
said subsection (2) of this
section, should be withheld until
such time as the draft accounts of
the corporation are duly submitted
to the Auditor-General or such
earlier time as the said
Commissioner may specify and such
direction shall be complied with.
(5) The liability of any person to
be dealt with under subsection (4)
of this section shall be without
prejudice to any other liability
of such person whether criminal or
civil.
(6) Except where the Commissioner
responsible for Finance otherwise
directs, no person shall employ
any person who is or was the
accountant of any statutory
corporation or who is or was in
any way responsible for the
keeping or preparation and
submission of the accounts of any
statutory corporation for the
purpose of audit by the
Auditor-General, unless there is
produced to him a certificate
issued by the corporation in
question to the effect that the
person to be employed has, to the
satisfaction of the said
corporation, done all that he was
required to do with respect to the
preparation and submission for
audit by the Auditor-General of
the accounts of the corporation.
(7) Any person who—
(a) contravenes any direction
given under subsection (4) of this
section, or
(b) contravenes the provisions of
subsection (6) of this section,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢1,000.00 or to
a term of imprisonment not
exceeding one year or to both. [As
Inserted by the Statutory
Corporations (Amendment) Decree,
1973 (NRCD 209) s. 1].
2. Section 6B of the Statutory
Corporations Act, 1965 (Act 232)
as inserted by this Decree shall
apply to the corporations referred
to in subsection (1) of that
section, as if in the case of the
accounts of those corporations for
any financial year of each
corporation which has expired
before the commencement of this
Decree, the time within the draft
accounts of the corporation is
required to be submitted to the
Auditor- General by section (2) of
the said section is a period not
later than six months after the
date of publication of this Decree
in the Gazette. [As inserted and
to cited as the Statutory
Corporations (Amendment) Decree,
1973 (NRCD 209) s. 2].
Section 7—Repeal and Saving.
(1) The Statutory Corporations
Act, 1961 (Act 41), is hereby
repealed.
(2) Notwithstanding the said
repeal any instrument made under
that Act and in force immediately
before the commencement of this
Act shall continue in force until
revoked under section 4 or section
5 of this Act.
amended by
STATUTORY CORPORATIONS ACT, 1964
(AMENDMENT) DECREE, 1972 (NRCD
120)1
STATUTORY CORPORATIONS (AMENDMENT)
DECRREE 1973 (NRCD 209)
STATUTORY CORPORATIONS (AMENDMENT)
DECRREE 1973 (NRCD 209).2
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