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Forestry Commission Act, 1993

Act 453 of 1993

The commencement date of this work could not be ascertained. We used the date 31 December of the year in which it was published.
Forestry Commission Act, 1993
This is the latest version of this Act.
Citation
Act 453 of 1993
Date
31 December 1993
Language
English
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Ghana

Forestry Commission Act, 1993

Act 453 of 1993

  • Published
  • Assented to on 6 July 1993
  • Commenced on 31 December 1993
  • [This is the version of this document from 31 December 1993.]
  • [The commencement date of this work could not be ascertained. We used the date 31 December of the year in which it was published.]
AN ACT to establish a Forestry Commission; provide for its composition and functions relating to forestry and wildlife resources and for connected purposes.BE IT ENACTED by Parliament as follows:

Part I – Establishment and functions of Commission

1. Establishment of Forestry Commission

There is established by this Act a Forestry Commission referred to in this Act as “the Commission”.

2. Functions of Commission

(1)The Commission shall be responsible for the regulation and management of the utilisation of forest and wildlife resources of Ghana and the co-ordination of policies in relation to them.
(2)For the purposes of subsection (1) of this section, the Commission shall—
(a)advise on national policy and practices related to forests and wildlife resources and associated industries;
(b)ensure a comprehensive data base on national forest and wildlife resources for decision-making by related agencies;
(c)recommend research and training priorities consistent with the national forest and wildlife policy;
(d)collate, analyse and disseminate information on forest and wildlife resources and associated industries;
(e)publish journals and periodicals on research findings in the forest and wildlife sector;
(f)educate the public on the effective and efficient utilization of forests and forest resources and matters concerning forests generally;
(g)receive, assess and advise on the approval and implementation of investment proposals and projects involving forests, wildlife and associated industries;
(h)monitor and co-ordinate the operation of agencies charged with the implementation of government policies on the management and utilization of forest and wildlife resources;
(i)co-operate and liaise with national and international organizations and agencies on matters of forest and wildlife conservation and utilization and on environmental issues generally;
(j)advise on land-use and development affecting forests and wildlife resources and associated industries;
(k)advise the Minister on matters concerning forests and wildlife resources and associated industries; and
(l)perform such other functions as are incidental to the specified functions.

3. Divisions of Commission.

The Commission shall have such divisions as it may in consultation with the Minister determine.
(2)Each division shall have as its head a Director who shall be appointed by the President.

Part II – Composition, appointment, qualification of members and related provisions

4. Composition of Commission

The Commission shall consist of—
(a)a Chairman who shall not be a Minister or Deputy Minister;
(b)the Chief Administrator referred to in section 12 (1) of this Act;
(c)one person who possesses knowledge and experience in forestry, wildlife and associated industries;
(d)one representative nominated by each of the following—
(i)the Ministry responsible for Lands and Forestry;
(ii)the Ministry responsible for Environment;
(iii)the National Council for Women and Development;
(iv)the Lands Commission;
(v)the Timber Trade and Industries Association;
(vi)the Ghana Institute of Professional Foresters;
(vii)non-governmental organisations involved in management or the enhancement of renewable natural resources; and
(viii)the National Association of Local Authorities of Ghana;
(e)the heads of the following Institutions and implementing agencies—
(i)Forestry Department;
(ii)Department of Game and Wildlife;
(iii)Timber Export Development Board;
(iv)Forest Products Inspection Bureau;
(v)Institute of Renewable Natural Resources;
(vi)Agro-forestry Unit of the Ministry of Food and Agriculture; and
(vii)Forestry Research Institute of Ghana; and
(f)a representative of the National House of Chiefs.

5. Appointment of members

(1)The members of the Commission shall be appointed by the President.
(2)Subject to the other provisions of this Act the members of the Commission shall be appointed on such terms and conditions as the President may determine.
(3)The members of the Commission other than the Chief Administrator and the members referred to in section 4 (e) shall hold office for four years and may on the expiration of that period be re-appointed for a further term.
(4)A member nominated by an authority as its representative on the Commission shall cease to be a member if the President revokes his appointment on the recommendation of the authority by letter addressed to him and copied to the Chairman of the Commission.
(5)The Chairman of the Commission shall notify the President of vacancies which occur in the membership of the Commission.
(6)Where the Chairman or other member of the Commission is incapacitated by illness or any other cause from performing the functions of his office, 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.

6. Qualification of members

(1)No person is qualified to be a member of the Commission who—
(a)has been adjudged or otherwise declared—
(i)bankrupt under any law in force in Ghana and has not been discharged; or
(ii)to be of unsound mind or is detained as a criminal lunatic under any law in force in Ghana; or
(b)has been convicted—
(i)for high crime under the Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or
(ii)for any other offence punishable by death or by a sentence of not less than ten years; or
(c)has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person 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 interest of the State, and the findings have not been set aside on appeal or judicial review; or
(d)is under sentence of death or other sentence of imprisonment imposed on him by any court; or
(e)is otherwise disqualified by a law for the time being in force.
(2)Members of the Commission shall be persons of high moral character and integrity and the President shall in appointing a member have regard to the expertise and experience of the person and his ability to contribute to the work of the Commission.
(3)Without prejudice to subsections (1) and (2) of this section a member of the Commission shall cease to be a member if—
(a)in the case of a person possessed of professional qualification, he is disqualified or suspended from practising his profession by an order of a competent authority, made in respect of him personally or he ceases to be a member of the profession otherwise than at his own request; or
(b)he is absent from four consecutive meetings of the Commission without sufficient reason.

7. Resignation

The Chairman or a member of the Commission may resign his office by notice addressed to the President.

8. Removal of members of Commission

The Chairman or a member of the Commission may be removed from office by the President for inability to perform the functions of his office or for any just cause.

9. Meetings of Commission

(1)The Commission shall meet for the despatch of business at a time and place determined by the Chairman but shall meet at least once in three months.
(2)The quorum at a meeting of the Commission shall be not less than half of the membership of the Commission.
(3)The Chairman shall preside at each meeting of the Commission but in his absence a member of the Commission elected by the members present from among their number shall preside.
(4)The validity of proceedings of the Commission shall not be affected by a vacancy in its membership or any defect in the appointment of a member.
(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 Chairman shall summon a special meeting of the Commission within fourteen days of the receipt of a written request signed by not less than four members of the Commission.
(8)Except as otherwise provided in this Act, the Commission shall regulate the procedure at its meetings.

10. Power to co-opt

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 a meeting.

11. Allowances of members of Commission

The Chairman and other members of the Commission shall be paid such allowances as the Minister in consultation with the Minister for Finance may determine, mission.

Part III – Administration and miscellaneous provisions

12. Chief Administrator

(1)The Commission shall have a Chief Administrator 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 Chief Administrator shall hold office on such terms and conditions as the President may determine.
(3)The Chief Administrator is responsible for the day-to-day administration of the Commission.
(4)The Chief Administrator shall be responsible for the organisation and control of the staff of the Commission.
(5)The Chief Administrator may delegate any of his functions to an officer of the Commission but he shall not be relieved from ultimate responsibility for the discharge of a delegated function.

13. Secretary to Commission

(1)The Commission shall have a 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 Secretary to the Commission shall subject to the directives of the Commission, arrange the business, record and keep minutes of the meetings of the Commission.
(3)The Secretary shall perform such other functions as the Commission or the Chief Administrator may assign to him and shall be assisted in the performance of his functions by any of the staff of the Commission the Chief Administrator may direct.

14. Staff of Commission

(1)There shall be appointed by the President such other staff and employees as the Commission may require for the effective implementation of its functions.
(2)The President may delegate to the Commission or any public officer the appointment of the Secretary and other employees of the Commission.
(3)The staff and employees of the Commission are public officers.
(4)Other public officers may be transferred or seconded to the Commission.

15. Funds of the Commission

(1)Funds to the Commission for the implementation of its functions shall consist of monies provided by Parliament and monies approved by the Minister for Finance from any other source.
(2)The sums of money received on account of the Commission shall be paid into banks approved by the Minister responsible for Finance.

16. Account and audit

(1)The Commission shall keep proper 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 and accounts of the Commission shall be audited annually by the Auditor-General or by an auditor appointed by him.

17. Annual report

(1)The Commission shall, as soon as possible after the expiration of each financial year but within six months after the end of the financial year, submit to the Minister an annual report dealing generally with the activities and the operations of the Commission and shall include—
(a)a copy of the audited accounts of the Commission together with the Auditor-General’s report on it; and
(b)such other information as the Minister may require.
(2)The Commission shall also submit to the Minister such other reports on its activities as the Minister may require.
(3)A copy of the annual report shall be forwarded by the Commission to the—
(a)Office of the President;
(b)Chairman of the National Development Planning Commission;
(c)Government Statistician;
(d)Minister for Food and Agriculture;
(e)Minister for Environment;
(f)Minister for Science and Technology;
(g)Minister for Trade and Industry;
(h)Minister for Finance;
(i)Minister for Information; and
(j)Ministers of all Regions.
(4)The Minister shall as soon as possible but not later than three months after receiving the annual report cause it to be laid before Parliament.

18. Relationship with other authorities

Government departments, government agencies and public authorities shall co-operate fully with the Commission in the performance of its functions under this Act.

19. Regulations

The Minister may by legislative instrument in consultation with the Commission make regulations on—
(a)investment projects related to forestry and forest industries;
(b)the management, development and utilization of forestry resources;
(c)forest conservation;
(d)conservation, management and utilization of wildlife;
(e)the control of wildlife pests; and
(f)any other matter as may be necessary to carry the provisions of this Act into effect.

20. Interpretation

In this Act unless the context otherwise requires—“Commission” means the Forestry Commission;“Minister” means the Minister responsible for Lands and Forestry.

21. Consequential amendment

The Council for Scientific and Industrial Research Decree, 1968 (N.L.C.D. 293) as amended is further amended by the addition to the bodies specified in section 13(2) of the following—“Forestry Research Institute of Ghana”.

History of this document

31 December 1993 this version
Commenced
06 July 1993
Assented to
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