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SUGAR INDUSTRY BOARD ACT, 1981
(ACT 432)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Sugar Industry
Board.
2. Membership of Board.
3. Qualifications and
Disqualifications of Members of
Board.
4. Functions of Board.
5. Other Functions of Board.
6. Executive Secretary and Staff
of Board.
7. Regulations of Business.
8. Validity of Proceedings.
9. Funds.
10. Accounts and Audit.
11. Annual Report.
12. Repeal.
THE FOUR HUNDRED AND THIRTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE SUGAR INDUSTRY BOARD ACT,
1981(ACT 432).
AN ACT to provide for the
establishment of the Sugar
Industry Board and for other
matters connected therewith.
DATE OF ASSENT: 28th May, 1981
BE IT ENACTED by Parliament as
follows—
Section 1—Establishment of Sugar
Industry Board.
There is established a body to be
known as the Sugar Industry Board
in this Act referred to as "the
Board".
Section 2—Membership of Board.
(1) The Board shall consist of
the following persons who shall be
appointed by the Cabinet—
(a) a representative of the
Ministry responsible for
Industries;
(b) a representative of the
Ministry responsible for
Agriculture;
(c) a representative of the
Agricultural Development Bank;
(d) a representative of the Ghana
Sugar Estates Limited, Accra;
(e) two representatives of the
Ghana Sugar-Cane Planters
Associations;
(f) a representative of the Crop
Research Institute; and
(g) two other members.
(2) The Chairman of the Board
shall be appointed by the
President from among the members
specified in subsection (1) of
this section.
(3) The Chairman and the other
members of the Board shall be
eligible for reappointment but
subject to the foregoing, shall
hold office otherwise on such
terms and conditions as the
Government may determine.
(4) The Board may, at any time,
co-opt any person as an adviser to
attend any of its meetings.
Section 3—Qualifications and
Disqualifications of Members of
Board.
(1) No person shall be qualified
to be a member of the Board who—
(a) is not a citizen of Ghana;
(b) has been adjudged or otherwise
declared—
(i)
a bankrupt under any law in force
in Ghana and has not been
discharged;
(ii) to be of unsound mind; or
(c) is detained as a criminal
lunatic under any law for the time
being in force in Ghana; or
(d) has been convicted—
(i)
for high crime under the
Constitution or for treason or for
an offence involving the security
of the State, fraud, dishonesty or
moral turpitude; or
(ii) for any other offence on
indictment; or
(e) has been found by the report
of a commission or a committee of
inquiry to be incompetent to hold
public office or in respect of
whom a commission or committee of
inquiry has found that while being
a public officer he acquired
assets unlawfully or defrauded the
State or misused or abused his
office or wilfully acted in a
manner prejudicial to the
interests of the State, and such
findings have not been set aside
on appeal or judicial review; or
(f) has had his property
confiscated as the result of the
findings of a commission or
committee of inquiry; and such
findings have not been set aside
on appeal or judicial review; or
(g) is under sentence of death or
other sentence of imprisonment
imposed on him by any court; or
(h) is otherwise disqualified by
any law for the time being in
force.
(2) For the purpose of paragraph
(d) or (e) or (f) of subsection
(1) of this section if ten years
or more have elapsed since the end
of the sentence or the date of the
publication of the report of the
commission or committee of inquiry
or has been pardoned, that person
shall not be disqualified to be a
member of the Board by reason only
of the provisions of that
paragraph.
(3) Without prejudice to
subsection (1) of this section,
any member of the Board shall
cease to be a member if—
(a) by notice in writing under his
hand addressed to the President,
he resigns his office at any time;
(b) he is absent from three or
more consecutive meetings of the
Board without sufficient reason;
or
(c) he is removed by the President
on grounds of stated misconduct;
(d) in the case of a person
possessed of professional
qualifications, he is disqualified
or suspended, otherwise than at
his request, from practising his
profession in Ghana by order of
any competent authority made in
respect of him personally.
Section 4—Functions of Board.
It shall be the duty of the Board
to monitor the sugar industry and
advise the Government on—
(a) the price to be paid to
producers of sugar-cane, quality
grading and the system of premiums
and discounts to be adopted;
(b) the price to be paid to
producers of sugar and its
by-products;
(c) the importation of sugar-cane
from other countries for breeding
and multiplication purposes;
(d) the import and export of sugar
and the co-ordination of
production and distribution;
(e) the protection of the local
industry by means of duties,
levies, licensing and other
necessary measures;
(f) the utilisation of by-products
of sugar-cane; and
(g) any other matters affecting
the sugar industry.
Section 5—Other Functions of
Board.
Without prejudice to section 4 of
this Act it shall also be the duty
of the Board—
(a) to draw appropriate programmes
for the rapid development and
expansion of the local sugar
industry, and to review the
progress of implementation of the
programmes;
(b) to collect and analyse in
collaboration with other relevant
agencies of Government of
statistical data on the
importation, local production,
distribution and consumption of
sugar and related products in
Ghana;
(c) to promote and co-ordinate
research activities into
sugar-cane growing, processing and
marketing;
(d) to promote, encourage and
co-ordinate extension services to
farmers including training of
sugar experts;
(e) to promote the development of
appropriate technologies suitable
for the production of sugar and
related products in Ghana;
(f) to provide management and
business advisory services to
Sugar-Cane Planters Association
and proprietors of sugar mills;
and
(g) to provide any other related
services and perform such other
functions as the Government may
from time to time assign to the
Board.
Section 6—Executive Secretary and
Staff of Board.
(1) The Board shall have an
Executive Secretary who shall be
appointed by the Minister
responsible for Industries on the
advice of the Board.
(2) The Executive Secretary shall
be the head of the Secretariat of
the Board and shall perform such
functions as the Board may
determine.
(3) The terms and conditions of
employment of the Executive
Secretary shall be determined by
the Minister responsible for
Industry.
(4) The Board shall employ such
persons as the Board may
reasonably require for the
efficient discharge of its
functions, subject to such terms
and conditions as may be
determined by the Board.
Section 7—Regulations of Business.
(1) The Board shall ordinarily
meet for the despatch of business
at such time and place as the
Chairman may from time to time
appoint but, shall meet at least
once in every three months.
(2) At every meeting of the Board
the Chairman of the Board shall
preside and in his absence a
member chosen for that purpose by
a majority of members present
shall preside.
(3) The Chairman shall upon a
request in writing brought by one
third of members of the Board
summon a special meeting of the
Board within fourteen days upon
the receipt of such requests.
(4) The quorum of the Board shall
be five.
(5) Subject to subsections (1) and
(2) of this section the Board
shall regulate its own procedure.
Section 8—Validity of Proceedings.
The proceedings of the Board shall
not be invalidated by any vacancy
in the membership of the Board or
by any defect in the appointment
or qualification of any member.
Section 9—Funds.
(1) The funds of the Board shall
include:—
(a) any grants received from the
Government by the Board for the
discharge of its functions;
(b) any loans granted to the Board
by the Government;
(c) any moneys accruing to the
Board in the course of the
performance of its functions under
this Act;
(d) gifts; and
(e) funds from any other source.
(2) All sums of money received on
account of the Board may be paid
into such banks as may be approved
by the Board for the credit of the
Board's general current or deposit
account so however, that the Board
may invest as it deems fit any
moneys not required for current
use.
Section 10—Accounts and Audit.
(1) The Board shall—
(a) cause proper accounts and
other records in relation thereto
to be kept;
(b) prepare an annual statement of
account in such form and
containing such particulars as the
Auditor-General may from time
direct, or as may be required to
satisfy its undertakings or
engagements.
(2) The Accounts of the Board
shall be audited annually by the
Auditor-General, who shall make
report thereon to the Government.
Section 11—Annual Report.
(1) The Board shall annually, not
later than six months after the
end of its financial year, prepare
and submit, through the Minister
responsible for Industries to the
Government, a report on its
activities during the preceding
year.
(2) The financial year of the
Board shall be the same as that of
the Government.
Section 12—Repeal.
The Sugar Industry Board Decree,
1973 (NRCD 232) is hereby
repealed.
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