GHANA NATIONAL COMMISSION ON CHILDREN ACT - 1979 (AFRCD 66)
(1) There shall be established a Ghana National Commission on Children (in this Decree referred to as "the Commission") to perform the functions assigned to it by or under this Decree.
(2) The Commission shall be a body corporate with perpetual succession and common seal and may sue and be sued in its corporate name.
(3) The Commission may, for and in connection with the discharge of its functions purchase, hold, manage or dispose of any movable or immovable property and may enter into such contracts and transactions as may be expedient.
(4) The Commission shall be placed and remain placed under the Office of the President of the Republic of Ghana.
(5) Where there is any hindrance to the acquisition by the Commission of any property the property may be acquired for the Commission 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 Commission and for the cost of such acquisition to be defrayed by the Commission.
The objects of the Commission shall be-
(a) to see to the general welfare and development of children and co-ordinate all the essential services for children in the country which will promote the United Nations rights of the child;
(b) to work hand-in-hand with the various agencies concerned with the implementation of policies and programmes for children;
(c) to make proposals to Government from time to time for the enactment or review of legislation in areas of children's rights, privileges and benefits in Ghana;
(d) to encourage and assist in regulating the establishment of creches, day-care centres and homes for disabled children (when they are deemed necessary) as well as children's playgrounds;
(e) to encourage the establishment of centres offering diagnostic and welfare services to children in all the regions to co-ordinate their activities and to ensure the effective use of data and research materials from these centres;
(f) to encourage the provision of adequate facilities and the establishment of programmes for the gifted child;
(g) to encourage participation by private individuals and groups in the promotion of any of the objectives of the Commission; and
(h) to perform any functions as are incidental or conducive to the exercise by the Commission of all or any of the foregoing functions.
(1) The Commission shall consist of a Chairman who is known to be committed to the cause of children and the following persons:-
(a) one representative each from the-
(i) Ministry of Foreign Affairs;
(ii) Department of Social Welfare and Community Development;
(iii) National Youth Council;
(iv) Ghana Assembly of Women;
(v) National Council on Women and Development;
(vi) Ghana Education Service.
(b) There shall, in addition to the representatives from the above-named organisations, be twelve other members who shall be persons with proven interest in the welfare of children. In selecting these other twelve members care shall be taken to ensure that people with proven ability in the following professions are included-
(i) Medical profession preferably with specialisation in child health;
(ii) Legal Profession;
(iii) Physical Education and Sports.
(c) the Executive Secretary who shall be the Secretary of the Commission (ex officio)
(2) The Chairman and all the members under paragraph (b) of subsection (1) of this section shall be appointed by the Armed Forces Revolutionary Council upon the recommendation of the Commissioner responsible for Social Welfare.
(3) Members of the Commission shall appoint a Vice-Chairman from amongst their number.
(4) The Chairman shall hold office for a period of four years and shall be eligible for re-appointment.
(5) Members of the Commission other than ex officio members shall hold office for a term not exceeding three years, but shall be eligible for re-appointment for another term.
(6) Members of the Commission other than ex officio members may at any time resign their office by notice in writing addressed to the Chairman.
(7) Where a member of the Commission other than an ex officio member, is away from Ghana for a continuous period of six months or is otherwise unable to participate in the activities of the Commission for a continuous period of six months, the office of such a member shall be declared vacant at the end of such a period.
(8) Where an ex officio member is unable to attend meetings of the commission or participate in its activities the respective organisation represented by him may appoint another person to act in his place.
(9) Where for any just cause, the Commission considers that a serving ex officio member must be replaced, the Commission may upon a resolution signed by not less than two-thirds of its full membership, including the Chairman, make appropriate recommendations to the Commissioner who without prejudice to the provisions of subsection (2) of this section shall endorse such recommendations if he is satisfied that it is in the public interest so to do.
(10 ) In the event of the resignation, termination of membership or death of a member other than an ex officio member or where the office of any such member becomes vacant under subsection (7) of this section, a replacement shall be appointed in accordance with the provisions of subsection (2) of this section.
(11) The Commission shall pay to members monthly allowances, in line with prevailing rates within the public service.
(1) The Commission shall meet for the conduct of business not less than once every three months.
(2) At every meeting of the Commission, the Chairman shall preside and in his absence the Vice-Chairman shall preside, and in the absence of both of them a member of the Commission appointed by the members present from among themselves shall preside.
(3) Questions proposed at a meeting of the Commission shall be determined by a simple majority of the members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.
(4) The quorum at any meeting of the Commission shall be ten.
(5) The Commission may at any time co-opt any person to act as an adviser at any meetings, but no person so co-opted shall be entitled to vote at such meetings. Persons so co-opted shall be paid appropriate allowances.
(6) The validity of any proceedings of the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.
(1) There shall be a Secretariat which shall be the executive arm of the Commission.
(2) The Secretariat shall have an Executive Secretary, a Deputy Executive Secretary and supporting staff.
(3) The Executive Secretary shall be the administrative Head of the Commission and shall under the direction and supervision of the Commission be responsible for the day-to-day management and administration of the affairs of the Commission.
(4) The Commission, acting in consultation with the Public Services Commission, shall be responsible for the appointment, promotion and discipline of the Executive Secretary and all other Senior Staff of the Secretariat.
(5) The Commission may request from the Public Services Commission, the transfer or secondment of public officers to the Secretariat.
(6) Public officers so transferred or seconded may be appointed at that point in the salary scale of the Commission which approximates as closely as possible to the point in the salary scale applicable to employees of the Commission of a similar class, category or description.
(7) If a public officer is seconded to the service of the Commission such officer shall continue to be eligible for consideration for promotion in the service from which he was seconded.
(8) If a public officer eligible to receive on retirement a pension is seconded to the service of the Commission-
(a) the period during which he serves with the Commission shall for the purposes of computation of his time and amount of pension under any enactment relating to pension 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.
(9) The Commission, in consultation with the Executive Secretary, may engage the professional services of such consultants and advisers as it may deem necessary and remunerate them accordingly.
(10) The Executive Secretary shall subject to the directions of the Commission, be responsible for the appointment, promotion and discipline of the junior staff of the Secretariat.
(1) The funds of the Commission shall consist of-
(i) moneys appropriated by the Government for the purpose of the Commission;
(ii) any moneys accruing to the Commission in the course of the performance of it functions;
(iii) any loans granted by the Government or any banking institution;
(iv) any grants, subsidies, donations, gifts, bequests, subscriptions, fees, rents, interests, royalties, etc.
(2) All sums of money received on account of the Commission shall be paid into such bank or banks as may be approved by the Commission for the credit of the Commission's current or deposit account, so however, that the Commission may invest as it deems fit, any moneys not required for current use.
(3) No money shall be withdrawn from the bank account of the Commission except by cheque signed by an officer or employee of the Commission authorised for the purpose by the Commission and countersigned by the Executive Secretary.
(4) The Commission shall receive estimates of expenditure for each financial year from the Executive Secretary and shall process such estimates and submit them to the Government for approval through the Commissioner.
(1) The Commission shall keep proper books of account and proper records in relation thereto, and the account books and records of the Commission shall be in such form as the Auditor-General may approve.
(2) The books and accounts of the Commission shall be audited annually by the Auditor-General or an auditor appointed by him.
(3) The Commission shall pay in respect of such audit, fees (if any) as the Auditor-General and the Commission 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 Commission 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 who shall as soon as practicable cause it to be laid before the Armed Forces Revolutionary Council.
(1) The Commission shall annually, not later than three months after the end of the financial year, prepare and submit through the Commissioner to the Government, a report on its activities including a statement of account during the preceding year.
(2) The financial year of the Commission shall be the same as that of the Government.