• (1) There is hereby established a Centre for Scientific Research into Plant Medicine (hereinafter referred to as "the Centre").

      (2) The Centre shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

    • The functions of the Centre are-

      (a) to conduct and promote Scientific Research relating to the improvement of plant medicine;

      (b) to ensure the purity of drugs extracted from plants;

      (c) to co-operate and liaise with the Ghana Psychic and Traditional Healers' Association, research institutions, and commercial organisations in any part of the world in matters of plant medicine;

      (d) to undertake or collaborate in the collation, publication and the dissemination of the results of research and other useful technical information;

      (e) to establish, where necessary, botanical gardens for medicinal plants;

      (f) to perform such other functions as the Government may assign to it from time to time.

    • (1) There shall be a Council of the Centre (hereinafter referred to as "the Council") which shall have the custody, control and use of the common seal of the Centre.

      (2) The Council shall encourage the use of medicinally proven preparations as effective substitutes for conventional drugs.

      (3) The Council shall be responsible for the management and administration of the revenue and property of the Centre and shall, subject to the powers and functions of the Centre as prescribed in this Decree, have general control over the conduct of the affairs of the Centre, including its public relations.

      (4) The Council shall advise Government on preservation and restriction of the exportation of certain medicinal plants.

      (5) The Council shall advise Government from time to time on the desirability or otherwise of importing certain medicinal plants or their preparations into the country.

    • The members of the Council shall be as follows:-

      (a) a Chairman appointed by the Government with recognised qualification or experience in plant medicine or a related subject;

      (b) a representative of the National Council for Higher Education;

      (c) the Dean of the University of Ghana Medical School or his representative;

      (d) the Dean of the Faculty of Pharmacy, University of Science and Technology, or his representative;

      (e) the Chairman of the Council for Scientific and Industrial Research or his representative;

      (f) the Director of Medical Services or his representative;

      (g) the General Manager, Pharmaceutical Division, Ghana Industrial Holding Corporation or his representative;

      (h) a representative of the Ghana Pharmaceutical Society;

      (i) a representative of the Ghana Medical Association;

      (j) two persons with special interest in plant medicine nominated by the Government, consideration to be given to traditional rulers;

      (k) a Herbalist nominated by the Government in consultation with the Council;

      (l) a member of the Ghana Psychic and Traditional Healers' Association nominated by the Association;

      (m) the Director of the Centre. [As Substituted by Centre for Scientific Research into Plant Medicine (Amendment) Decree, 1976 (SMCD 12) s. 1].

    • (1) Subject to the provisions of this Decree all members of the Council other than ex officio members shall hold office for a term not exceeding three years and shall be eligible for re-appointment.

      (2) A member other than an ex officio member may at any time by a notice in writing addressed to the Chairman resign his office.

      (3) The office of any member other than an ex officio member, who is absent from Ghana for a continuous period of twelve months, shall become vacant at the end of such period.

      (4) No member shall hold office under more than one provision of section 4 of this Decree, and if a person is appointed under more than one provision he shall notify the Council under which provision he chooses to hold office and another person shall thereupon be appointed under the other provision.

    • In the event of the death or resignation of a member or where the office of a member becomes vacant under subsection (3) of section 5 of this Decree, a replacement shall be appointed or nominated for the remainder of his term under section 4.

    • (1) No member of the Council, other than the Director, shall be entitled to any remuneration in respect of his membership.

      (2) The Council may, however, pay to members of the Council and to other persons attending meetings of the Council such travelling and other allowances out of the funds of the Centre as the Council may determine.

    • (1) The Council shall ordinarily meet for the despatch of business at such times and places as the Council shall determine but shall meet not less than once in every three months.

      (2) The Chairman may, and shall on the request in writing of not less than six members of the Council, call an extraordinary meeting at such time and place as he may determine.

      (3) The Chairman, if present, shall preside at every meeting of the Council, and in his absence any member of the Council elected by the members present shall preside at the meeting.

      (4) The quorum at every meeting of the Council shall be not less than one-half of the total membership of the Council.

      (5) Subject to any other provisions of this Decree or any bye-laws of the Council, all questions proposed at a meeting of the Council shall be determined by a simple majority of the members present and voting, and where the votes are equal, the Chairman or the person presiding shall have a second or casting vote.

      (6) The Council may request the attendance of any person to act as adviser at any meeting of the Council and that person while so attending shall have all the powers of a member except that he shall not be allowed to vote on any question and his presence at the meeting shall not count towards the constitution of a quorum.

      (7) The validity of any act or proceedings of the Council shall not be affected by any vacancy among its members or any defect in the appointment of a member thereof.

      (8) Subject to the other provisions of this section the Council may regulate its own procedure.

    • (1) The Council may appoint such committees consisting of such persons, whether members of the Council or not, as it thinks fit to advise the Council on the performance of any of its functions under this Decree.

      (2) The Chairman of every such committee shall as far as possible be a member of the Council.

    • (1) The Government shall appoint, after consultation with the Council, a suitable person to be the Director of the Centre on such terms and conditions as it may determine, and he shall be the Chief Executive of the Centre.

      (2) The Director shall be the administrative head and chief disciplinary officer of the Centre, and shall exercise general supervision over the work and general authority over the employees of the Centre.

      (3) The Director shall be responsible to the Council for maintaining and promoting the good order and efficiency of the Centre.

      (4) There shall be an Administrative Secretary who shall be appointed by the Council on such terms and conditions as the Council may determine and who shall be responsible to the Director for the day-to-day administration of the Centre.

      (5) The Administrative Secretary shall be the Secretary to the Council.

      (6) The Council may employ, upon such terms and conditions as the Council thinks fit, research officers and such other persons as may be required for the proper and efficient discharge of the Council's functions.

      (7) The Director shall have power to appoint, subject to any regulations that the Council may make to that effect, persons as employees of the Centre who shall be designated as junior officers.

      (8) The Director, the Administrative Secretary and other employees of the Centre shall be public officers.

    • (1) The Council may grant subject to the provisions of the Social Security Decree, 1972 (NRCD 127) and in accordance with rules made in that behalf by the Council, pensions, allowances, gratuities or retiring awards to such employees of the Centre, as the Council may after consultation with the Government determine, being employees to whom the Pensions Ordinance (Cap. 30) does not apply.

      (2) The Council may require any such employees to contribute to any pension, provident fund or superannuation or Social Security Scheme.

      (3) The provisions of the Social Security Decree, 1972 (NRCD 127) shall not apply to research officers of the Centre.

    • The funds of the Centre shall be made up of subventions from the Government, any moneys accruing to the Centre in the course of the performance of its functions under this Decree, donations, endowments, grants, investments and moneys from any other source approved by the Council.

    • Every donation shall be made directly to the Centre which shall utilise any such donation in furtherance of any of its objectives under this Decree.

    • (1) The Director shall for each financial year prepare and submit not later than two months before the commencement of that financial year draft estimates of expenditure in respect of the Centre, administration and research projects during that financial year.

      (2) The Council shall consider such estimates and shall after approval by it, submit them through the Ministry of Health to the Government for approval.

      (3) The Council shall ensure that any funds of the Centre are employed solely for the purposes for which they were approved and in accordance with financial regulations made by the Commissioner on the recommendations of the Council.

    • (1) The Centre shall keep proper books of accounts and proper records in relation thereto.

      (2) The Centre shall prepare an annual statement of accounts in such form and containing such particulars as the Auditor-General may from time to time direct.

      (3) The books and accounts of the Centre shall be audited by the Auditor-General in accordance with the provisions of the Audit Services Decree, 1972 (NRCD 49).

      (4) The Auditor-General shall in his report state whether in his opinion proper books of accounts have been kept by the Centre and shall call the attention of the Government to any matter falling within the scope of the examination which in his opinion should be brought to the attention of the Government.

      (5) It shall be the duty of the Council as soon as possible on receiving the report of the Auditor-General to forward a copy of it to the Commissioner.

      (6) The Commissioner shall as soon as practicable upon receipt of it cause the Auditor-General's report to be laid before the National Redemption Council.

    • (1) The Centre shall, not later than six months after the end of each financial year, submit an annual report through the Council to the Commissioner in such form as the Commissioner may prescribe which shall include the statement of accounts in section 15(2) of this Decree and the Commissioner shall as soon as practicable lay the report before the Government.

      (2) The Audit report of the Auditor-General shall be included in the annual report of the Centre and the annual report of the Centre shall be published in such manner as the Commissioner may determine.

    • The Commissioner shall be generally responsible for the Centre and the Council, subject to the provisions of this Decree.

    • (1) The Centre shall, subject to any other provisions of this Decree, have power for any purpose which in the Council's opinion is necessary or expedient for or in connection with the proper exercise of the functions of the Centre, to acquire and hold any movable or immovable property, to sell, lease, mortgage or otherwise alienate or dispose of any such property, and to enter into any other transaction.

      (2) Where there is any hinderance to the acquisition by the Centre of any property, the property may be acquired for the Centre under the State Property and Contracts Act, 1960 (CA 6) or as the case may be under the State Lands Act, 1962 (Act 125) and each such Act shall, as the case may be, apply in relation to any such acquisition with such modifications as may be necessary to provide for the vesting of the property required thereunder in the Centre, and for the cost of such acquisition to be defrayed by the Centre.

      (3) No person shall charge or dispose of any land or buildings of the Centre without the consent in writing of the Council; such consent may be signified under the hand of the Chairman or of any other person duly authorised by the Council to act in that behalf.

    • The Commissioner may, by legislative instrument, make such regulations on the recommendations of the Council, as the Commissioner may think fit for the purposes of giving full effect to the provisions of this Decree.

    • The Council may make such rules and bye-laws as may be appropriate for the proper administration of the Centre.

    • The Council shall not propose to the Government any amendment to this Decree, unless-

      (a) such amendment is contained in a resolution passed at a meeting of the Council by the affirmative votes of not less than two-thirds of the total number of members of the Council present and voting; and

      (b) the resolution so passed is later confirmed by the same member or members present and voting at a second meeting of the Council held not earlier than one month or not later than four months after the first meeting as aforesaid of the Council.

    • The Centre shall for its own purposes be exempted from the payment of such taxes, rates and duties as the Commissioner responsible for Finance may in writing approve.

    • The Director and the employees of the Centre holding office immediately before the commencement of this Decree shall be deemed to have been duly appointed under this Decree.

    • In this Decree-

      "Centre" means the Centre for Scientific Research into Plant Medicine and any other Centre established by the Government on the advice of the Council;

      "Commissioner" means the Commissioner responsible for Health;

      "financial year" means financial year of the Government;

      "Scientific Research" includes research into social, cultural and other aspects of plant medicine;

      "Research Officer" means an officer of a status comparable to that of a University teacher or a person belonging to the academic staff of the Universities.