STATE ENTERPRISES COMMISSION LAW - 1987 (PNDCL 170)
(1) The objects and functions of the Commission in relation to each of the bodies specified in the Schedule to this Law (hereafter referred to as "prescribed body") shall be-
(a) to promote within the framework of Government policy, the efficient and profitable operation of the prescribed body;
(b) to review the objectives, programmes and plans of the prescribed body and to monitor as well as evaluate their performance in relation to agreed targets;
(c) to undertake operational and management audit where necessary with a view to improving the performance of the prescribed body;
(d) to transmit Government policies with appropriate guidelines for implementation by the prescribed body;
(e) to review the organisational structure and personnel policies and practices of prescribed bodies and advise the Government on the remuneration and other conditions of service of the staff of the prescribed bodies, including incentives and bonuses;
(f) to advise Government on the criteria for the establishment of new state enterprises and where necessary advise the sector ministries on state enterprises rationalisation and rehabilitation programmes;
(g) to advise Government on the appointment and removal of chief executives or members of Boards or other governing bodies of the prescribed bodies;
(h) to examine financial structures and major investment proposals of the prescribed bodies and make appropriate recommendations to Government;
(i) to ensure that appropriate dividends are paid to Government by prescribed bodies;
(j) to ensure that the prescribed bodies establish internal audit units, corporate planning and management information systems and also to ensure the institution and implementation of managerial and professional training programmes for their staff;
(k) to make recommendations on application to the Ministry of Finance and Economic Planning for additional credit, government guarantees, financing of capital expenditure and investment plans, for the prescribed bodies;
(l) to provide consultancy services to a prescribed body for an agreed fee which shall be paid into the Consolidated Fund;
(m) to perform any other functions which are incidental to the objects of the Commission.
(2) The Commission may for the discharge of its functions engage the services of consultants.
(3) Where consultancy services are required for or by a prescribed body, the Commission may in consultation with the prescribed body engage the services of consultants and the cost thereof shall be borne by the prescribed body.
(1) The Council shall appoint a Board of Directors of the Commission (hereafter referred to as the "Board") which shall be the governing body of the Commission.
(2) The Board shall consist of-
(a) an Executive Chairman;
(b) four Executive Directors;
(c) a representative each of the Ministry of Finance and Economic Planning and the Ministry of Industries, Science and Technology;
(d) two persons from the private sector of the economy; and
(e) two other persons with relevant experience in industry, commerce or administration.
(3) All members of the Board shall be appointed by the Council.
(1) The Executive Chairman shall be a person with a sound educational background and not less than ten years working experience five of which should have been in a top executive position in a reputable industrial, commercial, financial, agricultural, public administration or consultancy organisation.
(2) An Executive Director shall be a person with a sound educational background and not less than eight years working experience in the fields of business management, accounting and finance, engineering, human resources management or corporate planning.
(1) The Board shall review and decide on all policy matters of the Commission.
(2) The Board may, for the discharge of its functions, appoint such sub-committees as it deems necessary and may assign to them such functions as it may determine.
(1) A member of the Board except the Executive Chairman and the Executive Directors, shall hold office for a period of five years and may on the expiration of that period be eligible for re-appointment.
(2) The Council may terminate the appointment of a member of the Board on grounds of proven misconduct or inefficiency.
(3) A member of the Board may at any time in writing addressed to the Council resign his office.
(4) The remuneration of the Executive Chairman and the Executive Directors and the allowances of the other members of the Board shall be determined by the Council.
(1) The Board shall meet at least once every month.
(2) The Executive Chairman may at any time summon an emergency meeting of the Board or shall at the written request of any three members of the Board summon such meeting.
(3) At any meeting at which he is present the Executive Chairman shall preside and in his absence a member of the Board elected by the members present shall preside.
(4) Subject to the provisions of this Law, the Board shall regulate its own procedure.
(5) The quorum at every meeting of the Board shall be seven of which at least three shall be non-Executive Directors.
(6) All decisions of the Board shall as far as possible be taken by consensus.
(7) Where no consensus could be reached decisions of the Board shall be taken by a vote of majority of the members present, and in the event of equality of votes the Executive Chairman shall have a casting vote.
(8) The Board may co-opt any person to act as adviser at any meeting of the Board:
Provided that such person shall not vote on any matter for decision by the Board.
(9) The proceedings of the Board shall not be invalidated because of any vacancy in the membership or any defect in the appointment or qualification of any members thereof.
(1) There shall be a Secretary to the Board to be designated as the Solicitor/Secretary who shall be appointed by the Board.
(2) The Solicitor/Secretary shall also act as the legal adviser to the Commission.
(3) The Board may engage such professional staff as may be necessary for the efficient discharge of its functions.
(4) The Executive Chairman shall be responsible for the appointment of other categories of staff, so however that this responsibility may be delegated by him to such senior officer as he may deem fit.
(5) The terms and conditions of any member of staff appointed under this section shall be subject to approval by the Board.
Every prescribed body shall, within such period as may be prescribed by the Board submit its annual budget, audited accounts, annual reports and any other report to the Commission.
Every enterprise other than those specified in the Schedule to this Law, being an enterprise in which the Government has financial interests shall submit to the Commission a copy of its annual reports, and such other information as the Commission may from time to time request.
(1) No prescribed body shall undertake any new commercial or industrial enterprise or any major expansion or modification without prior submission to the Commission of a detailed feasibility report thereon and subsequent approval of the Commission thereof.
(2) Copies of all draft public agreements lodged with the Public Agreements Board in accordance with section 42 of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (P.N.D.C.L 42) by any prescribed body, shall also be lodged with the Commission.
The Commission or any person authorised in writing by the Commission may make recommendations to the appropriate authority for the institution of disciplinary proceedings including dismissal, suspension or forfeiture of salary against any officer of a prescribed body who contravenes any provision of this Law.
(1) The State Enterprises Commission existing at the commencement of this Law under the State Enterprises Commission Act, 1981 (Act 433) is hereby dissolved and accordingly that Act is hereby repealed.
(2) Subject to the provisions of this Law any rights, assets, property, obligations, liabilities and staff of the dissolved Commission are hereby transferred to the Commission.
The provision of any enactment by which a prescribed body is established shall be deemed to have been amended or modified by this Law to the extent that that provision is inconsistent with this Law.
1. Architectural and Engineering Services Corporation (AESC)
2. Bast Fibre Development Board
3. City Express Services
4. Food Distribution Corporation
5. Food Production Corporation
6. Ghana Airways Corporation
7. Ghana Broadcasting Corporation
8. Ghana Film Industry Corporation
9. Ghana Highways Authority
10. Ghana Oil Palm Development Corporation
11. Ghana Publishing Corporation
12. Ghana Industrial Holding Corporation
13. Ghana Railways Corporation
14. Ghana Supply Commission
15. Ghana National Procurement Agency
16. Ghana National Trading Corporation
17. Ghana Water and Sewerage Corporation
18. Irrigation Development Authority
19. Graphic Corporation
20. Meat Marketing Board
21. New Times Corporation
22. Posts and Telecommunications Corporation
23. State Construction Corporation
24. State Fishing Corporation
25. State Farms Corporation
26. State Hotels Corporation
27. Omnibus Services Authority
28. State Shipping Corporation
29. State Housing Corporation
30. Tema Development Corporation
31. Tema Food Complex Corporation
32. Tema Shipyard and Drydock Corporation
33. State Transport Corporation
34. Achimota Brewery Company Ltd.
35. Automotive Technical Services Ltd.:
(i) Kowus Motors Ltd.
(ii) Kassbohrer (Ghana) Ltd.
(iii) Ghana Vehicles Assembly Plant (Tema)
(iv) R.T. Briscoe (Ghana) Ltd.
36. Bonsa Tyre Company Limited
37. G.E.A. and Associates Ltd.
(i) G.E.A. Packaging Ltd.
(ii) G.E.A. General Chemicals Ltd.
(iii) Gava Farms Ltd.
(iv) Victory Industries Ltd.
38. Ghamot Company Limited
39. Ghamot Enterprises Limited
40. Ghamot Vehicle Assembly (Ghana) Limited
41. Ghamot Textiles Limited
42. Ghamot Estate (Ghana) Limited
43. Ghamot Leather Products (Ghana) Limited
44. Ghamot Motor Engineering Company Limited
45. Ghana Rice Mill Company Limited
46. Ghana Rubber Estates Limited
47. Ghana Seed Company Ltd.
48. Ghana Sugar Estates Ltd.
49. Labadi Pleasure Beach Complex Ltd.
50. Loyalty Industries Limited
51. National Industrial Company Limited:
(i) NIC Vehicle Assembly Plant and Workshop
(ii) NIC Electrical Fittings and Accessories Factory
(iii) NIC Electrical Lamps Factory
(iv) NIC Metal Fabrication Factory
(v) NIC Chemicals and Paints Factory
(vi) NIC Soap and Detergents Factory
(vii) NIC Kool Bottling Factory
(viii) Nictex Factory
(ix) NIC Weaving Factory
(x) NIC Knitting Factory
(xi) Establishment Tanios Saba (Ghana) Ltd.
(xiii) Byblos Company Ltd., Takoradi
(xiv) City Commercial Ltd., Accra
(xv) Ghanaian General Establishment (Kumasi) Ltd.
(xvi) Ghanaian Wood Industries Ltd.
(xvii) NIC Estates
(xviii) NIC Farms
52. Volta Lake Transport Ltd.
53. Regional Development Corporation:
(i) Ashanti Regional Development Corporation
(ii) Brong Ahafo Regional Development Corporation
(iii) Central Regional Development Corporation
(iv) Eastern Regional Development Corporation
(v) Greater Accra Regional Development Corporation
(vi) Northern Regional Development Corporation
(vii) Upper Regional Development Corporation
(viii) Volta Regional Development Corporation
(ix) Western Regional Development Corporation
Made this 10th day of March, 1987.