• (1) There is established by this Act a body corporate to be known as the National Board for Mortuaries and Funeral Facilities referred to in this Act as "the Board".

      (2) The Board shall have perpetual succession, a common seal and may sue and be sued in its own name.

      (3) The Board may for the discharge of its functions acquire and hold any movable or immovable property and may enter into any contract or other transaction.

    • (1) The object of the Board is to control and regulate facilities connected with the storage and disposal of human remains.

      (2) For the purpose of subsection (1) of this section, the Board shall-

      (a) regulate facilities under this Act;

      (b) approve and register practitioners;

      (c) determine basic specifications of equipment for facilities;

      (d) ensure in the public interest the provision of the highest standard of service by practitioners;

      (e) regulate the siting of facilities in the country;

      (f) issue licences;

      (g) categorise the various facilities for handling human remains and classify them in accordance with their storage capacity;

      (h) establish, develop, and maintain ethics for practitioners;

      (i) approve or set courses of study and examinations for the qualification of applicants for registration in collaboration with such educational institutions as it may determine;

      (j) promote public education activities with respect to this Act;

      (k) supervise and monitor activities of the District Committees under this Act;

      (l) act as mediator of complaints between consumers and practitioners;

      (m) determine and approve fees payable under this Act by practitioners and licensees;

      (n) control and monitor the standard of service for storage and disposal of human remains in government institutions and advise the Minister accordingly; and

      (o) perform such other functions as are ancillary to the object of the Board.

      (3) The Board may delegate its functions under this Act.

    • The Board shall consist of the following persons appointed by the President acting in consultation with the Council of State-

      (a) a Chairman who shall be a pathologist;

      (b) an anatomic pathologist working in a government institution who shall be the Registrar;

      (c) one representative each of the following, nominated by the body concerned-

      (i) the Ministry of Interior;

      (ii) the Criminal Investigation Department of the Ghana Police Service;

      (iii) the Registry of Births and Deaths;

      (iv) the Attorney-General's Department;

      (v) the Environmental Protection Agency;

      (d) one coroner nominated by the Chief Justice;

      (e) three representatives of practitioners under this Act; and

      (f) two other persons nominated by the Minister to represent consumer interest at least one of whom shall be a woman.

    • (1) Members of the Board shall hold office for a term of four years and eligible for re-appointment.

      (2) A member of the Board may resign his office in writing addressed to the President through the Minister.

      (3) Where the office of a member of the Board becomes vacant before the expiration of his term of office for any reason, the Chairman shall inform the Minister who shall notify the President of the vacancy and the President shall acting on the advice of the nominating authority where applicable and in consultation with the Council of State appoint another person to hold office for the unexpired portion of his term of office.

      (4) The President may in writing remove a member for stated reasons.

      (5) A member of the Board shall be paid such allowances as may be determined by the Board with the approval of the Minister for Finance.

      (6) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause shall cease to be a member.

    • (1) The Board shall meet for the transaction of business at such times and places as the Chairman may determine but shall meet at least once every three months.

      (2) The Chairman shall preside at each meeting of the Board and in his absence a person elected by the membership of the Board present from among their number shall preside.

      (3) The Chairman shall at the request in writing of not less than one-third of the membership of the Board convene an extraordinary meeting of the Board at such place and time as he may determine.

      (4) A decision of the Board shall be by the majority of the members present and voting and in the event of equality of votes the Chairman or person presiding shall have a casting vote.

      (5) The quorum for a meeting shall be seven members of the Board.

      (6) The Board may co-opt a person to attend a Board meeting but the person shall not vote on any matter for decision by the Board.

      (7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.

      (8) A member of the Board who has an interest in a contract or other transaction proposed to be entered into with the Board or any application before the Board shall disclose in writing to the Board the nature of his interest and shall be disqualified from participating in any deliberations of the Board in respect of the contract, application or other transaction.

      (9) A member who infringes subsection (8) of this section is liable to be removed from the Board.

      (10) Subject to the provisions of this section the Board shall regulate the procedure for its meetings.

    • The Board may for the discharge of its functions appoint committees consisting of members of the Board or non-members or both to perform such of its functions as it may determine, except that a committee composed entirely of non-members may only advise the Board.

    • The Minister may issue directives in writing to the Board on matters of policy and the Board shall give effect to the policies.

    • (1) There shall be established in each district a District Mortuary and Funeral Facilities Committee referred to in this Act as "a District Committee".

      (2) A District Committee shall comprise the following members in the respective district-

      (a) the District Director of Health Services who shall be the chairman;

      (b) the District Coroner;

      (c) the District Police Commander;

      (d) two representatives of the District Assembly;

      (e) the district representative of the Registrar for Births and Deaths;

      (f) the District Town and Country Planning Officer;

      (g) one representative of practitioners in the district registered under this Act nominated by the District Chief Executive; and

      (h) one female citizen nominated by the District Chief Executive to represent Consumer interests.

      (3) The members of a District Committee shall be appointed by the Board.

    • (1) A District Committee shall in the respective district have the following functions-

      (a) receive and consider applications for licences under this Act;

      (b) renew licences under this Act;

      (c) recommend to the Board the siting of facilities and hold public hearings on the issue where necessary;

      (d) inspect and monitor facilities;

      (e) submit a report of any contravention of the provisions of this Act to the Board within 14 days of becoming aware of the contravention;

      (f) carry out temporary closure of facilities and report the closure to the Board;

      (g) submit to the Board such reports as it shall direct; and

      (h) perform any other duties and functions for the purposes of this Act as the Board may determine.

      (2) A District Committee in the exercise of its functions shall collaborate with the Sub-Committee of the District Assembly.

      (3) the provisions of sections 4 and 5 shall apply with such modifications as may be necessary to a District Committee.

    • (1) A Person aggrieved by any decision or action of a District Committee may submit a petition to the Board.

      (2) The provisions of this section are without prejudice to any right of action to obtain redress from the courts.

    • No person shall operate in a facility as a practitioner unless that person is registered under this Act.

    • A person seeking registration to practise in a facility shall apply in the prescribed form to the Registrar of the Board through the relevant District committee.

    • (1) Where the Board is satisfied that the applicant has adequate relevant training and qualification it shall direct the Registrar to record the name of the applicant in the register of practitioners.

      (2) The Registrar shall issue the applicant with a certificate of registration on the payment by the applicant of the prescribed fee.

      (3) A person issued with a certificate under subsection (2) of this section shall be known as a practitioner for the purpose of this Act.

      (4) Registration under this Act shall be in addition to registration required under any other law for the time being in force in respect of his practice.

      (5) The certificate of registration shall expire on the 31st day of December in the year of issue.

      (6) The certificate may be renewed subject to the provisions of this Act.

    • (1) The Registrar shall record in a register to be known as the Register of Practitioners the names of practitioners registered under this Act.

      (2) The Board shall determine the registration fee to be paid by practitioners.

    • (1) A certificate of a practitioner shall be cancelled by the Board on the recommendations of the Registrar where the practitioner-

      (a) has been convicted of an offence under this Act or regulations made under this Act;

      (b) has breached any of the terms of the licence for the facility; or

      (c) has lost the qualification on the basis of which the registration was made.

      (2) A certificate of a practitioner shall be cancelled if the Board considers it necessary in the interest of public health.

    • (1) The Board may suspend for such period as it may determine the registration of a practitioner in any of the following circumstances where-

      (a) an offence in relation to the practitioner is being investigated;

      (b) allegations of misconduct have been made against the practitioner;

      (c) a false declaration has been made in a certificate issued by him; or

      (d) the practitioner has contravened but has not been convicted of any provision of this Act.

      (2) The Board shall conduct and conclude its investigation within a period of six months from the time of suspension of the practitioner.

    • No registration shall be cancelled or suspended unless the Board has given the practitioner at least 30 days notice of its intention to cancel or suspend his registration and has provided the practitioner an opportunity to make representations, if any, to the Board.

    • (1) No person shall own or operate a facility unless that facility is licensed under this Act.

      (2) Facilities to which subsection (1) of this section apply are -

      (a) cold storage facilities for human remains;

      (b) mortuaries;

      (c) funeral homes;

      (d) crematoria;

      (e) columbariums;

      (f) mausoleums;

      (g) cemeteries; and

      (h) hearses

      (3) There shall be prescribed in regulations made under this Act the details of the services to be rendered by the facilities specified in subsection (2) of this section.

    • (1) A person may apply to a District Committee for a licence to own or operate a facility.

      (2) There shall be attached to the application-

      (a) a preliminary approval from the District Planning Authority of the relevant District Assembly of the suitability of the land or premises to be used for the facility;

      (b) the block plan of the facility;

      (c) the requisite clearance from the Environmental Protection Agency; and

      (d) evidence of financial capability for the ownership or operation of the facility applied for.

      (3) No licence shall be granted to an applicant unless the District Committee is satisfied that-

      (a) the past or present conduct of the person concerned with the operation of the facility provides reasonable grounds to believe that the applicant will operate in accordance with this Act;

      (b) the applicant or managing employee of the applicant has the experience or training to manage the facility in accordance with this Act;

      (c) the applicant has submitted a plan of the facility;

      (d) the applicant is able to provide the resources and equipment required to manage the facility; and

      (e) any other requirement specified by the Board has been complied with.

      (4) For the purposes of this Act "a person concerned with the operation of the facility" in subsection (3)(b) means-

      (a) the applicant;

      (b) an officer or director of the facility;

      (c) a person holding more than 10 per cent of the equity shares of the facility or an officer or director of that person; or

      (d) any person who has a beneficial interest in the operation of the facility.

    • (1) Where a District Committee is satisfied that an applicant qualifies under subsection (3) of section 19 and has fulfilled all other conditions required under this Act, it shall make the necessary recommendation to the Board which may issue the licence.

      (2) The licence shall expire on the 31st day of December of the year of issue and may be renewed subject to the provisions of this Act.

      (3) There shall be paid by the applicant in respect of the licence and any renewal of it such fee as the Board may prescribe and no licence or renewal shall be issued unless the relevant fee has been paid.

    • A District Committee may refuse to renew a licence to own or operate a facility if-

      (a) The conduct or situation of the licensee is such as to disqualify him from being granted a licence

      (b) the licensee is a body corporate and the shareholding of the body has changed in such a way as to compromise the financial ability or technical competence or both; or

      (c) a District Committee has reasonable grounds to believe that the continued operation of the facility by the licensee will-

      (i) create risk to public health, safety or is indecent; or

      (ii) result in a social or financial loss to members of the public because of non-compliance with the provisions of this Act.

    • Where a District Committee intends to refuse to renew a licence, the District Committee shall give the applicant or licensee-

      (a) a notice of intention to refuse;

      (b) reasons for the intention to refuse; and

      (c) all opportunity to make representation to the Board.

    • (1) An applicant or licensee who receives a notice under section 22 may make a representation to the Board within fifteen days from the date of receipt of the notice of refusal.

      (2) Where no representation is made under subsection (1), a District Committee may refuse to renew a licence or may recommend the revocation of the licence, after the time specified under subsection (1) of this section has expired.

      (3) Where representation is made under this section the affected facility shall not operate until the case is determined by the Board.

    • (1) Subject to subsection (2) of this section a person authorised by a District Committee may at any time enter-

      (a) any licensed facility used for the storage and disposal of human remains;

      (b) any premises suspected by the authorised person to be used for the storage and disposal of human remains.

      (2) Where an authorised officer enters any place by virtue of subsection (1) of this section he shall inspect as applicable-

      (a) the facility including plant and equipment;

      (b) the licence, registers and books of the facility;

      (c) the registration certificate of any practitioner;

      (d) the premises; and make recommendations to a District Committee.

      (3) The inspector shall at the request of the person in charge of the facility or premises produce his authorisation.

      (4) The Board shall cause each licensed facility to be inspected at least once a year.

      (5) A police officer not below the rank of Assistant Superintendent may enter any facility or any premises if he has reasonable cause to believe that an offence with respect to this Act has been or is being committed there.

      (6) A District Committee may order the closure of a facility in the presence of a police officer if it is considered to be in the public interest to do so.