Ghana National Service Scheme NSS Act 426 PDF

THE FOUR HUNDRED AND TWENTY-SIXTH

ACT

OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE GHANA NATIONAL SERVICE SCHEME ACT, 1980

AN ACT to establish a Ghana National Service Scheme in accordance with article 176 of the Constitution and for other matters connected therewith.

DATE OF ASSENT: 23rd September, 1980

BE IT ENACTED by Parliament as follows:-

PART 1-ESTABLISHMENT OF GHANA NATIONAL SERVICE SCHEME There is hereby established a Ghana National Service Scheme in this Act referred to as “the Scheme�?.

2.(1) The Scheme shall apply to any person who-

(a)is a citizen of Ghana;

(b)has attained the age of eighteen years or more.

(2)The National Service Board may, with the prior approval of the President, by constitutional instrument, make regulations under section 29 of this Act to apply the Scheme to any citizen of Ghana who has attained the age specified in subsection (1) of this section.

3.(1) Subject to the other provisions of this act, the Board may direct any person to whom the Scheme applies to be engaged, full time, in any of the following fields:-

(a)Agriculture,

(b)Co-operatives,

(c)Education,

(d)Health,

Establishment of the Ghana National Scheme

Application of Scheme

Application

of Scheme.

Duration of national service

Terms and conditions of engagement

(e)Local Government,

(f)Military,

(g)Rural Development,- including surveying, physical Planning, civil

engineering and rural industries,

(h)Youth programmes, and

(i)any other field that the Board may prescribe from time to time, and any such person shall comply with the directions of the Board.

(2) Subject to the provisions of section 4 of this Act and Subject to subsection (3) of this section any person to whom the Scheme applies shall be engaged in one field for the period of his national service.

(3) Where the Board is satisfied that the circumstances so require the Board may vary from time to time the field of operation in respect of any person to whom the Scheme applies.

(4)(1) The period of national service in respect of any person under this Act shall be two years, so however that this period shall include a minimum of six months military training.

(2)A person specified in subsection (1) of section 2 of this Act shall do such part of his national service as may be specified by the Board before entering into a higher educational institution and shall do the remaining part of his service immediately upon completion of his course of study in such institution.

(3)Where a person studies or continues his education outside Ghana he shall be liable to do his national service on his return to Ghana after such studies or education.

(4)Where a person who has successfully completed his national service is later engaged in the public service the period of his national service shall count towards any probationary period to be served by him.

(5) Any person to whom the Scheme applies shall be engaged under the Scheme upon such terms and conditions including remuneration, as may be specified in his letter of engagement.

(6). Any person who satisfactorily completes his period of national service shall be awarded a Certificate of national Service by the Board.

7 (1) A person who has not commenced and completed his period of national service shall not-

(a)obtain employment outside the Scheme; or

(b)be employed by any other person outside the Scheme; or

(c)be engaged in any employment outside the Scheme, whether self-employed or otherwise, without the prior permission, in writing, of the Board.

(2)It shall be the duty of every employer to ascertain from every employee, upon his appointment, whether or not he is liable to national service and if he is, the employer shall notify the fact to the Board forthwith.

8.The Board may exempt any person to whom the Scheme applies from compliance with the provisions of this Act, or postpone the date on which any person shall be first engaged under the Scheme.

9.Every institution where any persons who are receiving formal training and who have attained the age of eighteen years or more shall forward to the Board as soon as practicable but in any case not later than the end of its academic year, a list of all such persons.

Certificate of National Service

Persons liable to national service not to be employed contrary to the provisions of this Act.

Exemptions

Board to be notified of persons who have completed course of study.

PART II-THE NATIONAL SERVICE BOARD

10.(1) The governing body of the Ghana National Service Scheme shall be the National Service Board (in this Act referred to as

“the Board�?).

(2)The Board shall consist of-

(a)a Chairman,

(b)the Director referred to in section 15 of this Act,and

(c)six other members, all of whom shall be appointed by the President, acting in accordance with the advice of the Council of State.

11.(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 an offence involving the security of the State, fraud, dishonesty or moral turpitude, or

(ii)for any other offence on indictment;

and has not been granted a free pardon; 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 willfully 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 sentence of imprisonment imposed on him by any court, or

The Board

Qualifications and disqualifications of members of Board

Tenure of office and

emoluments of members of Board.

(h)is otherwise disqualified by any law for the time being in force.

(2)Without prejudice to the provisions of subsection (1) of

this section, any member of the Board shall cease to be a member if in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his own request, from practicing his profession in Ghana or in any other country by order of any competent authority made in respect of him personally.

12.(1) All members of the Board shall hold office for a period of four years.

(2)A member of the Board may resign his office by notice in writing addressed to the President and, without Prejudice to the provisions of section 11 of this Act, any such member may, for good cause shown, and in the Public interest, be removed by the President acting in accordance with the advice of the Council of State.

(3)All members of the Board ceasing to hold office shall, subject to section 11 of this Act be eligible for re-appointment.

(4)Where any member of the Board is absent from Ghana or incapacitated by illness or any other cause from performing the functions of his office the President may, acting in accordance with the advice of the Council of State appoint another person to act in his office until the member is able to resume the performance of his functions.

(5)The Chairman or in his absence the Director shall notify the President in writing of all vacancies occurring in the membership of the Board and of any circumstances giving rise to an appointment under subsection (4) of this section.

(6)There shall be paid to members of the Board in respect of their membership such subsistence, travelling and other allowances as the Minister responsible for Finance may approve in relation to them.

PART III- OBJECTS AND FUNCTIONS OF BOARD

13.The Board shall, subject to the provisions of this Act, have

Director of Scheme

general control and management of the Scheme on matters of policy.

14.(1) The Board shall ordinarily meet for the dispatch of business at such times and at such places as the Board may determine but shall meet at least once in every month.

(2)A special meeting of the board shall be called upon a written request signed by the Chairman or by a majority of the members of the Board addressed to the Secretary of the Board and the Chairman shall call such a special meeting within ten days after receipt of such a request.

(3)At every meeting of the Board at which he is present, the Chairman shall preside and in his absence a member of the Board elected by the members present from among themselves shall preside.

(4)Questions proposed at a meeting of the board shall be determined by a simple majority of members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.

(5)The quorum at any meeting of the Board shall be five.

(6)The Board may at any time co-opt any person or persons

to act as an adviser or advisers at any of its meetings, so however that no person so co-opted shall be entitled to vote at any such meetings on any matter for decision by the Board.

(7)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.

(8)Any such co-opted member or members shall be entitled to such allowances as the Minister responsible for Finance may approve.

PART IV-MANAGEMENT AND STAFF OF SCHEME

15. (1) The Scheme shall have a Director who shall be appointed in accordance with Article 157 of the Constitution and shall hold office upon such terms and conditions as may be specified in his instrument of appointment.

(2) Where the office of the Director becomes vacant the Board shall notify the president of the occurrence of the vacancy.

Meeting of Board.

3

) (3) Where the Director is incapacitated from the performance of his functions under this Act the Board may

Wsubject to subsection (4) of section 12 of this Act authorize any

h employee of the Scheme to perform those functions for the

e duration of the incapacity. r

e (4) Subject to the provisions of this Act, the Director shall subject to the general control of the Board on matters of policy,

hScheme and its administration and the organization and control

e of all the employees of the scheme.

runder this Act and may impose with respect to the exercise of

e such delegated functions such conditions as he may think fit:

c Provided that nothing in this subsection shall be construed so

tas to absolve the Director from ultimate responsibility for any

o act done by any person in pursuance of any such delegation. r

ias may be necessary for the proper and efficient conduct of the

s business and functions of the scheme.

(2)The Board may also engage the services of such

iconsultants and advisers as the Board may upon the

n recommendations of the director determine.

c (3) The staff of the Scheme shall be appointed in accordance

a with the provisions of article 157 of the Constitution.

p (4) Subject to the provisions of the Constitution the

a employees, consultants and advisers of the Scheme shall be

c appointed upon such terms and conditions as the Board may,

i on the recommendations of the Director determine.

t (5) Public officers may be transferred or seconded to the

a Scheme or may otherwise give assistance thereto. t

e17. (1) The Scheme shall have an officer to be designated as

d“the Secretary�?.

f(2) The Secretary shall act as Secretary to the Board at its

r meetings and shall subject to the directions of the Board,

o arrange the business for and cause to be recorded and kept

m minutes of all meetings of the Board.

t(3) The Secretary shall also perform such functions as the

h

Secretary of the Scheme

Funds of Scheme

provisions of this section shall be liable to be removed from the Board.

PART V-FINANCIAL PROVISIONS

20. The funds of the Scheme shall include such sums as may be appropriated to it by the Government or any other source.

Internal Auditor

Board members not to sponsor appointment

Estimates of Expenditure

Financial Year

Bank accounts and borrowing powers of Board

Accounts and audit

Access to information

PART VI-GENERAL PROVISIONS

25. (1) For the purpose of the attainment of its objects and the

.performance of its functions under this Act the Board shall have access to all information and records of any institution or other place to which this Act applies which are reasonably necessary for the said purposes.

(2)The Board may by writing request from any person any information reasonably necessary for the full implementation of this Act.

26. The Board may by writing give directions to any person for the purpose of ensuring the full implementation of this Act and any such

person shall be bound to comply with such directions..

27.(1) The Board shall, as soon as possible after the expiration of each financial year but within six months after the termination of that year, submit to the Minister an annual report dealing generally with the activities and operation of the Scheme within that year which shall, without prejudice to the generality of the foregoing include-

(a)a copy of the audited accounts of the Scheme together with

the Auditor-General’s report thereon;

(b)each report submitted by the Internal Auditor under Section 18 of this Act in relation to that financial year; and

(c)Such other information as the Minister may request.

(2)A copy of the annual report shall be forwarded by the Board to-

(a)Parliament;

(b)the Minister;

(c)the minister responsible for Finance and Economic Planning;

(d)the Minister responsible for Labour, Youth and Social Welfare;

(e)the Minister responsible for Education, Culture and Sports;

(f)the Minister responsible for Agriculture;

(g)Minister responsible for Health;

(h)the Minister responsible for Defence; and

(i)the Minister responsible for local Government, Rural Development and Co-operatives.

28. (1) Any person who-

(a)Contravenes any of the provisions of section 7 of this Act; or

(b)refuses to notify the Board of the completion by any person of any course of study as required under section 9 of this Act or fails without reasonable cause (proof of which shall be on him) to give such notice; or

(c)Provides any information under this Act which he knows to be false or has no reason to believe to be true; or

Powers of Board to give directions

Annual Report

Offences