GHANA AIDS COMMISSION ACT - 2002 (ACT 613)

    • (1) There is established by this Act a Commission to be known as the Ghana AIDS Commission.

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

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

      (4) The Commission shall operate under the Office of the President.

    • (1) The object of the Commission is to formulate HIV/AIDS policy and direct and co-ordinate national activities in the fight against HIV/AIDS.

      (2) For the purpose of subsection (1) the Commission shall

      (a) formulate comprehensive policies and strategies and establish programme priorities;

      (b) provide high level advocacy for HIV/AIDS prevention and control;

      (c) provide effective leadership in national planning, supervision and support of HIV/AIDS programmes;

      (d) expand and co-ordinate the national response to HIV/AIDS;

      (e) mobilise, control and manage resources available for the achievement of its object and monitor their allocation and utilisation;

      (f) foster linkages among stakeholders;

      (g) promote issues relating to research, documentation and dissemination on HIV/AIDS; and

      (h) monitor and evaluate HIV/AIDS programmes.

    • (1) The Commission shall meet for the despatch of business at such times and in such places as the chairperson may determine but shall meet at least once every quarter.

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

      (3) The quorum at a meeting of the Commission shall be one-third of the members of the Commission.

      (4) A meeting of the Commission shall be presided over by the chairperson or in the absence of the chairperson by the vice-chairperson or in the absence of both by a member of the Commission elected by the members present from among their number.

      (5) Matters before the Commission shall be decided by a majority of the members present and voting and in the event of equality of votes the person presiding shall have a second or casting vote.

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

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

      (8) Subject to this section, the Commission may determine the procedure for its meetings.

    • (1) A member of the Commission who has interest in any contract, application or other transaction for consideration by the Commission shall disclose in writing the nature of that interest and is disqualified from participating in any deliberation of the Commission in respect of the contract, application or other transaction.

      (2) A member who infringes subsection (1) shall be removed from the Commission.

    • (1) The Commission may appoint committees consisting of members of the Commission and non-members to perform any of its functions.

      (2) A committee of the Commission shall be chaired by a member of the Commission.

      (3) The Commission shall determine the functions of each committee.

    • Members of the Commission and members of a committee of the Commission shall be paid such allowances as may be approved by the chairperson in consultation with the Minister responsible for Finance.

    • (1) The Commission shall establish regional and district offices of the Commission in each Region and in such Districts as the Commission may determine.

      (2) A regional or district office of the Commission shall be provided with such public officers as the President acting in accordance with the advice of the Commission given in consultation with the Public Services Commission shall determine.

      (3) A regional or district office of the Commission shall perform such functions of the Commission in the Region or District as the Commission may direct.

    • (1) The Commission shall have a Director-General who shall be the chief executive and shall be appointed by the President acting in accordance with the advice of the Commission given in consultation with the Public Services Commission.

      (2) The Director-General shall, subject to the general direction of the Commission be responsible for the implementation of the policies of the Commission and for the efficient organisation of the Commission.

      (3) The Director-General may delegate the functions of office to an officer of the Commission but shall be relieved from ultimate responsibility for the discharge of the delegated function.

    • (1) The Commission shall have such divisions as may be necessary for the effective implementation of its functions.

      (2) Each division shall be headed by a Director who shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission.

      (3) A Director shall perform such functions in relation to a division as the Commission may determine.

    • The Commission shall have a secretary who shall be appointed by the President acting in accordance with the advice of the Commission given in consultation with the Public Services Commission to perform such functions as the Director-General or the Commission may direct.

    • (1) The Commission shall have such other officers and staff as may be necessary for the effective discharge of its functions.

      (2) The officers and staff shall be appointed by the President on such terms and conditions determined in accordance with the advice of the Commission given in consultation with the Public Services Commission.

      (3) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it.

    • (1) The Commission shall have such other officers and staff as may be necessary for the effective discharge of its functions.

      (2) The officers and staff shall be appointed by the President on such terms and conditions determined in accordance with the advice of the Commission given in consultation with the Public Services Commission.

      (3) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it.

      (4) The Commission may engage the services of consultants and advisers.

    • The President may in accordance with article 195(2) of the Constitution delegate the power of appointment of public officers under this Act.

    • (1) The Authority shall carry to an income surplus account part of the receipts on revenue account which is available for the purpose until the moneys in the account have reached an amount prescribed by the Board.

      (2) Where the moneys in the income surplus account are subsequently reduced below the amount prescribed by the Board, the Authority shall carry to the account so much of its receipts as are required to restore the account to the prescribed amount, and are available for that purpose.

      (3) The application of the income surplus account shall be determined by the Board.

      (4) Moneys in the income surplus account shall be applied only for the purposes of the Authority.

      (5) The amount of moneys in the income surplus account shall be prescribed by the Board.

      (6) The Authority may invest the moneys or a part of the moneys of the Authority in the manner approved by the Board.

    • The sources of money for the discharge of the functions of the Commission shall include:

      (a) subvention from the Government;

      (b) donations and grants; and

      (c) loans contracted and guaranteed by Government.

    • (1) The Commission shall keep books of account and proper records in relation to them in a form approved by the Auditor-General.

      (2) The accounts of the Commission shall be audited by the Auditor-General within six months after the end of each financial year.

      (3) The financial year of the Commission shall be the same as the financial year of the Government.

    • (1) The Commission shall as soon as practicable after the end of each financial year but within eight months after the end of the year submit to Parliament an annual report covering the activities and the operations of the Commission for the preceding year to which the report relates.

      (2) The annual report submitted under subsection (1) shall include the report of the Auditor-General.

      (3) The Commission shall also submit to Parliament such other reports as Parliament may request.

    • (1) The Commission may, by legislative instrument make Regulations on HIV/AIDS policy and generally to give effect to the provisions of this Act.

      (2) The exercise of the power to make Regulations shall be signified under the hand of a Minister of State designated by the President.

    • In this Act, unless the context otherwise requires,

      "AIDS" means Acquired Immune Deficiency Syndrome;

      "Commission" means the Ghana AIDS Commission established under section 1; and

      "HIV" means Human Immunodeficiency Virus.