NATIONAL FILM AND TELEVISION INSTITUTE ACT - 1978 (SMCD 151)
(1) There is hereby established a National Film and Television Institute in this Decree referred to as "the Institute".
(2) The Institute shall be a body corporate, with perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) The Institute may, for and in connection with the carrying out of its functions under this Decree or any other enactment, purchase, hold, manage or dispose of any movable or immovable property and may enter into such contracts and transactions as may be expedient.
(4) Where there is any hindrance to the acquisition by the Institute of any property the property may be acquired for the Institute under the State Property and Contracts Act, 1960 (C.A.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 acquired thereunder in the Institute and for the cost of the acquisition to be defrayed by the Institute.
The objects of the Institute are:-
(a) to train young men and women in the skills and techniques of film production;
(b) to train film and television producers and actors in the production and publication of feature films for adult education on national and international basis; and
(c) to organise classes, lectures, seminars, demonstrations, experiments, researches and practical training in all aspects of film production.
(1) The governing body of the Institute shall be the Board of Governors referred to in this Decree as the "Board".
(2) The Board shall consist of:-
(a) a Chairman;
(b) the Director of the Institute;
(c) a representative of the Ministry of Information;
(d) a representative of the Ministry of Education;
(e) a representative of Friedrich-Ebert Foundation;
(f) a representative of the Ghana Broadcasting Corporation;
(g) a representative of the Ghana Film Industry Corporation;
(h) a representative of the School of Drama, Institute of African Studies, University of Ghana, Legon;
(i) a representative of the Arts Council of Ghana;
(j) a representative of the Association of Cinematographic Film Exhibitors and Distributors.
(3) The Chairman of the Board shall be appointed by the Supreme Military Council on the advice of the Commissioner responsible for Information.
(4) The term of office of members of the Board other than the Director shall be two years.
(5) A member of the Board shall, at the expiration of his term of office, be eligible for re-appointment.
(6) Members of the Board other than the Director shall be paid such travelling and other allowances as may be determined by the Commissioner with the approval of the Commissioner responsible for Finance.
(7) The Chairman or any member of the Board other than the Director may resign his office by writing addressed to the Commissioner, and any such person may be removed from office by the Supreme Military Council acting in accordance with the advice of the Commissioner-
(a) if he is adjudged to be a person of unsound mind;
(b) if he is declared insolvent or bankrupt; or
(c) if he has been sentenced to death or to a term of imprisonment exceeding twelve months without the option of a fine or has been convicted of an offence involving dishonesty or moral turpitude and in each case has not been granted free pardon.
(8) The person appointed to fill a vacancy created by resignation or removal from office of a member shall hold office for the unexpired period of such member.
(9) Subject to the provisions of this Decree where a member of the Board is incapacitated by absence from Ghana or illness or any other sufficient cause from performing the duties of his office the Supreme Military Council may on the advice of the Commissioner appoint another person to hold office in his place until the expiration of the term of office of such member.
(1) The Board shall meet once a month but may be summoned to transact any extraordinary business on a particular date at the request of the Chairman or three members of the Board and such a request shall be made to the Director in writing with a summary of the business to be transacted at least seven days before that date.
(2) At every meeting of the Board at which he is present, the Chairman shall preside, and in his absence a member of the Board appointed by the members present from among themselves, shall preside.
(3) The quorum for any meeting of the Board shall be four.
(4) Every question before a meeting of the Board shall be determined by a simple majority of the members present and voting.
(5) At any meeting of the Board, the Chairman thereof shall have a casting vote.
(6) 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.
(7) Any member of the Board who has any interest in a contract proposed to be made with the Institute shall disclose the nature of his interest to the Board and shall, unless the Board otherwise directs, be disqualified from participating in any deliberations of the Board on the contract and shall in any case be disqualified from voting in any decision of the Board on such contract.
(8) Any member of the Board who infringes the provisions of subsection (7) shall be liable to be removed from the Board.
(9) The Board may appoint such committees consisting of such persons (whether members of the Board or not) as it thinks fit to perform such functions as the Board may assign to them.
(10) The Board may, at any time, co-opt any person or persons to act as adviser or advisers at any of its meetings, so however that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Board.
(1) The Institute shall have a Director who shall be the Chief Executive.
(2) The Director shall be appointed by the Supreme Military Council on the advice of the Commissioner upon such terms and conditions as may be specified in his instrument of appointment.
(3) Where the office of the Director becomes vacant the Board shall notify the Commissioner of the occurrence of the vacancy.
(4) Any vacancy in the post of Director shall be filled in accordance with subsection (2) of this section.
(5) Where the Director is temporarily incapacitated from the performance of his functions under this Decree the Board may authorise the Secretary to perform those functions for the duration of the incapacity-
(6) The Director shall, subject to the general control of the Board on matters of policy-
(a) be charged with the direction of policy day-to-day business of the Institute and of its administration, organisation and control of all the employees of the Institute; and
(b) ensure the maintenance of the academic standards of the Institute.
(7) For the purposes of paragraph (b) of subsection (6), the Director shall with the approval of the Board-
(a) prescribe the curriculum and syllabus of the Institute;
(b) regulate the conduct of examinations and the award of certificates;
(c) determine the admission of students to the Institute; or
(d) discipline, suspend or dismiss for good cause any student of the Institute.
(1) The use of the seal of the Institute shall be authenticated by two signatures, namely-
(a) the signature of the Director or some other member of the Board authorised by the Board to authenticate the application of the seal, and
(b) the signature of the Secretary or some other officer of the Institute authorised by the Board to act in the Secretary's place for that purpose.
(2) The Institute may by instrument in writing under its common seal empower any person generally or in respect of any specified matters as its attorney, to execute deeds on its behalf in any place not situated in Ghana; and every deed signed by such attorney on behalf of the Institute and under his seal, shall be binding on the Institute and have the same effect as if it were under the common seal of the Institute.
(3) Any instrument or contract which, if executed or entered into by a person other than a body corporate would not be required to be under seal, may be executed or entered into on behalf of the Institute by the Director or any member of the Board if such person has previously been authorised by a resolution of the Board to execute or enter into that particular instrument or contract:
Provided that if the Institute thinks fit it may by writing under its common seal appoint any person outside Ghana as agent to execute or enter into the instrument or contract and the instrument or contract if executed or entered into on behalf of the Institute shall have effect as if it had been duly executed or entered into as prescribed for the purposes of this subsection.
(4) Every document purporting to be an instrument executed or issued by or on behalf of the Institute and to be-
(a) sealed with the common seal of the Institute authenticated in the manner provided by subsection (1) of this section;
(b) signed by and under the seal of a person appointed as attorney under subsection (2) of this section; or
(c) signed by the Director or by a member of the Board or other person authorised in accordance with subsection (3) of this section to act for that purpose,
shall be deemed to be so executed or issued until the contrary is shown.
(1) The Institute may from time to time engage such employees as may be necessary for the proper and efficient conduct of the business and functions of the Institute.
(2) The Institute may also engage the services of much consultants and specialists on such terms and conditions as the Board may, upon the recommendations of the Director, determine.
(3) The Board shall in consultation with the Public Services Commission be responsible for the appointment and promotion of employees of the Institute.
(4) The Board acting on the recommendation of the Director shall be responsible for the discipline and removal of the employees of the Institute.
(5) The terms and conditions of service of the teaching staff of the Institute shall be determined by the Board in consultation with the Public Services Commission.
(6) The Board may delegate to the Director the power to appoint, promote, discipline or remove such employees of the Institute as the Board may determine.
(7) Public officers may be transferred or seconded to the Institute or may otherwise give assistance thereto.
(8) Public officers so transferred or seconded may be appointed at that point in the salary scale of the Institute which approximates as closely as possible to the point in the salary scale applicable to employees of the Institute of a similar class, category or description.
(9) If a public officer is seconded to the service of the Institute such officer shall continue to be eligible for consideration for promotion in the service from which he was seconded.
(10) If a public officer eligible to receive on retirement a pension is seconded to the service of the Institute-
(a) the period during which he serves with the Institute shall for the purposes of computation of the time and amount of pension under any enactment relating to pensions for the time being applicable to him, be deemed to be service in a pensionable office; and
(b) the amount of such pension shall be calculated on the basis of the emoluments applicable at the time of his retirement to the post held by him in the service from which he was seconded.
(11) Any person who immediately before the coming into operation of this Decree was a member of the teaching staff or an employee of the Institute as formerly existing shall continue to be such a member or employee of the Institute subject to the provisions of this Decree.
(1) The Institute shall have a Secretary who shall be appointed by the Board on such terms and conditions as may be determined by the Board in consultation with the Public Services Commission.
(2) The Secretary shall act as Secretary to the Board and shall, subject to the directions of the Board, arrange the business for and cause to be recorded and kept minutes of all meetings of the Board.
(3) The Secretary shall also perform such functions as the Board may by writing, direct.
(4) The Secretary shall assist the Director in the day-to-day administration of the Institute.
(5) The Secretary shall be assisted in his functions by such of the staff of the Institute as the Board may on the recommendation of the Director, direct.
The funds of the Institute shall consist of-
(a) moneys appropriated by Government for the purposes of the Institute;
(b) all moneys paid to the Institute by way of grants, subsidies, donations, gifts, fees, subscriptions, rents, interest or royalties;
(c) all moneys derived from the sale of any property held by or on behalf of the Institute; and
(d) all accumulations of income derived from any property or money held by or on behalf of the Institute.
(1) The Institute may obtain loans and other credit facilities, on the guarantee of the Government from such banks, other financial institutions, local authority or persons as the Commissioner responsible for Finance may approve.
(2) The Institute may charge its assets, undertakings and income with the repayment of any money borrowed together with interest thereof and may do all such other things necessary in connection with or incidental to such borrowing.
(1) The Institute shall keep proper books of account and proper records in relation thereto and the account books and records of the Institute shall be in such form as the Auditor-General may approve.
(2) The books and accounts of the Institute shall within three months after the end of each financial year be audited by the Auditor-General or an auditor appointed by him.
(3) The Institute shall pay in respect of such audit, such fees (if any) as the Auditor-General and the Board may agree or in the case of failure to agree, such fees as the Commissioner may prescribe.
(4) It shall be the duty of the Board as soon as possible after receiving the report of the Auditor-General under this section to forward a copy of such report to the Commissioner.
(5) The Commissioner shall as soon as practicable upon receipt thereof, cause to be laid before the Supreme Military Council a copy of the Auditor-General's report forwarded to him under this section.
(1) The Director shall, as soon as possible after the expiration of each academic year but within three months after the termination of that year, submit to the Board an annual report dealing generally with the activities and operations of the Institute, including a statement of account for the preceding financial year.
(2) The Board shall, as soon as practicable after the receipt of the Director's annual report referred to in subsection (1) of this section, forward it to the Commissioner.
(3) The Commissioner shall lay a copy of every such annual report before the Supreme Military Council.
(1) The Commissioner may, after consultation with the Board, by legislative instrument make regulations for the purpose of carrying out the objects of the Institute.
(2) Without prejudice to the generality of subsection (1) of this section the Commissioner may by legislative instrument make regulations governing the terms and conditions of service of the employees (other than members of the teaching staff) of the Institute.