LOCAL GOVERNMENT SERVICE ACT - 2003 (ACT 656)
-
-
-
The Service shall comprise persons holding non-elected public office in
(a) Regional Co-ordinating Councils;
(b) District Assemblies;
(c) Sub-Metropolitan District Councils, Urban, Zonal, Town and Area Councils;
(d) the Secretariat of the Service; and
(e) such other persons as may be employed for the Service.
-
-
-
(1) For the purpose of achieving its object, the Service shall
(a) provide technical assistance to District Assemblies, and Regional Co-ordinating Councils to enable the District Assemblies and the Regional Co-ordinating Councils effectively perform their functions and discharge their duties in accordance with the Constitution and the Local Government Act, 1993 (Act 462);
(b) conduct organisational and job analysis for the Regional Co-ordinating Councils and the District Assemblies;
(c) conduct management audits for Regional Co-ordinating Councils and District Assemblies in order to improve the overall management of the Service;
(d) design and co-ordinate management systems and processes for Regional Co-ordinating Councils and District Assemblies;
(e) assist the Regional Co-ordinating Councils and the District Assemblies in the performance of their functions under the Local Government Act, 1993, (Act 462), the National Development Planning (Systems) Act, 1994, (Act 480) and under any other enactment;
(f) perform such other functions incidental or conducive to the achievement of the objects of this Act.
-
-
-
The Council shall have general management and control of the Service and shall
(a) recommend to the Minister matters of policy relating to the management of the Service;
(b) ensure the implementation of the functions of the Service;
(c) recommend to the Minister a scheme of service prescribing the terms and conditions of service as well as the remuneration of the employees of the Service;
(d) develop policy guidelines for handling matters relating to recruitment, training, promotion, remuneration, discipline, arbitration and petition within the Service;
(e) set performance standards within which District Assemblies and Regional Co-ordinating Councils shall carry out their functions and discharge their duties;
(f) monitor and evaluate the performance standards of District Assemblies and Regional Co-ordinating Councils;
(g) develop and co-ordinate the personnel plans and assess the personnel needs of the District Assemblies and the Regional Co-ordinating Councils in consultation with the respective Assemblies and Co-ordinating Councils;
(h) develop and co-ordinate the training implementation plans of District Assemblies and Regional Co-ordinating Councils in consultation with the respective Assemblies and Co-ordinating Councils;
(i) develop professional standards and guidelines for the various categories of staff who are members of the Service;
(j) work in consultation and close co-operation with other services of the public service;
(k) perform such other functions as may be assigned to it by or under this Act or any other enactment; and
(l) advise the Minister on such matters as the Minister may request.
-
-
(1) The members of the Council other than the ex-officio members shall hold office for four years and shall on the expiration of that term be eligible for re-appointment for one more term only.
(2) Any member of the Council other than an ex-officio member may resign from office in writing addressed to the President through the Minister.
(3) Where the office of a member of the Council other than an ex-officio member becomes vacant by death, resignation or any other cause before the expiration of that member's term of office, the Minister shall notify the President of the occurrence of the vacancy and the President shall, acting in consultation with the Council of State, appoint another person in the place of that member to hold office for the unexpired term of office of that member's term of office.
(4) Where it appears to the President on the recommendation of the Minister that a member of the Council is incapacitated by absence from the country or illness or any other cause from performing the duties of office as member, the President may appoint another person to hold the office of the member until such time as the President is satisfied that the incapacity of that person has terminated or until the term of the member expires whichever occurs first.
(5) A member of the Council other than an ex-officio member who is absent from three consecutive ordinary meetings of the Council without reasonable cause shall cease to be a member.
(6) The President may in writing remove a member for non performance or stated cause.
-
-
-
(1) The Council 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 in every three months.
(2) The Chairperson shall, upon the request of not less than one-third of the membership, convene a special meeting of the Council.
(3) The quorum at a meeting of the Council shall consist of seven members including the head of the Service or the person acting in that capacity.
(4) Decisions of the Council shall be by majority votes of the members present and voting and in the event of equality of votes the Chairperson or person presiding shall have a second or a casting vote.
(5) The Council may co-opt any person to attend any of its meetings but a co-opted person cannot vote at the meeting.
(6) The validity of the proceedings of the Council shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.
(7) Except as otherwise provided, the Council shall determine and regulate the procedure for its meetings.
-
-
-
(1) The Council may for the discharge of its functions appoint committees of the Council consisting of members or non-members or both and may assign to the committees such of its functions as it may determine.
(2) The Council shall determine the membership, functions and terms of reference of a committee.
(3) In exercise of its powers under this section, the Council shall in consultation with the Regional Co-ordinating Council or the District Assembly concerned appoint
(a) appointments and promotions committees; and
(b) disciplinary committees at the regional and district levels.
-
-
-
-
-
(1) There shall be a head of the Local Government Service who shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Service Commission.
(2) The Head of Service shall also be the head of the Secretariat.
(3) The head of Service shall hold office on such terms and conditions as shall be specified in the letter of appointment.
(4) The head of Service shall, subject to the general directions of the Council, be responsible for the efficient organisation and management of the Service and for the day to day operation of the Secretariat.
(5) The head of Service may delegate the functions of the office to an officer of the Service but shall not be relieved from the ultimate responsibility for the discharge of the delegated function.
(6) The head of Service shall
(a) provide leadership and guidance in the performance of the functions of the Service and the implementation of the decisions of the Council;
(b) ensure the effective organisation and development of training programmes consistent with the sectoral requirements of the Service;
(c) establish, with the approval of the Council, systems for effective inter-service and sectoral collaboration and co-operation between the Service, the Education Service, the Health Service, the Forestry Service and other Services, to harmonise local government programmes and avoid duplication; and
(d) initiate plans and programmes within the Service, for the consideration and approval of the Council, to activate and accelerate the local government decentralization process in accordance with the Constitution, the Local Government Act, 1993, (Act 462) and any other enactment.
-
-
(1) There shall be an office of the Regional Co-ordinating Council in each region of the country.
(2) The Regional Co-ordinating Director shall be the administrative head of the Regional Co-ordinating Council and shall be responsible to the Regional Minister.
(3) The Regional Co-ordinating Director shall have the conditions of service as may be determined by the Council.
(4) The Regional Co-ordinating Director shall ensure the effective and efficient performance of the office of the Regional Co-ordinating Council.
(5) A person assigned from any public office to the office of the Regional Co-ordinating Council shall be an officer of the Regional Co-ordinating Council.
(6) The Regional Co-ordinating Council shall be responsible for the work, career progression and discipline of the officers of the Regional Co-ordinating Council.
-
-
-
-
-
-
-
-
(1) Departments of a District Assembly, shall be headed by heads of Department of the District Assembly who shall be responsible for the efficient and effective performance of the functions and responsibilities assigned to the Departments.
(2) The heads of Departments shall be answerable to the District Chief Executive through the District Coordinating Director.
-
-
-
(1) The Service shall have such other officers and staff as may be necessary for the proper and effective performance of its functions.
(2) The staff of the Service shall perform such functions as are conferred on them under this Act or any other enactment.
(3) The President shall in accordance with the advice of the Council given in consultation with the Public Services Commission and on such terms and conditions as may be determined, appoint the officers and staff of the Service.
(4) The President may in accordance with article 195(2) of the Constitution delegate the power of appointment of the public officers under this Part.
(5) The Council may engage the services of such consultants and advisers as it may determine upon the recommendation of the head of the Service.
-
-
-
(1) The Minister shall, acting in consultation with the head of Service, designate an officer of the Service as the Secretary to the Council.
(2) The Secretary shall arrange the business for and cause to be recorded and kept the minutes of the meetings of the Council.
(3) The Secretary shall also perform such functions as the Council or the Head of Service may assign to the Secretary.
(4) The Secretary shall be assisted in the discharge of the functions of office as Secretary by such of the staff of the Service as the Council may on the recommendation of the head of Service direct.
(5) The Secretary shall in the discharge of his or her functions as Secretary be subject to the administrative control of the Head of Service.
-
-
The expenses of the Service, including the administrative expenses, salaries, allowances, operational and other expenses of the Service, as well as retirement benefits payable in respect of persons employed by the Service, shall be a charge on the Consolidated Fund.
-
-
(1) The head of Service shall, not later than three months before the end of each financial year, prepare and submit to the Minister through the Council, the budget estimates of expenditure to be incurred by the Service during the next financial year.
(2) The budget estimates shall be in the form approved for that purpose by the Minister responsible for Finance.
(3) New or special expenditure shall receive the approval of the Council before being submitted to the Minister for approval.
(4) Except with the approval of the Minister responsible for Finance, given in consultation with the Minister, no further sum shall be expended during a financial year other than as provided in the estimates relating to the financial year.
-
-
-
-
(1) The Minister may, on the advice of the Council, make Regulations necessary to give effect to the provisions of this Act and to regulate any matter that falls within the scope of the functions of the Service.
(2) Without limiting subsection (1), Regulations made under this section may provide for
(a) institutional co-operation between the Service and other branches of the public service;
(b) recruitment procedures for members of the Service;
(c) promotion procedures for members of the Service;
(d) disciplinary procedures for members of the Service; and
(e) transfer and posting procedures for members of the Service.
-
-
In this Act unless the context otherwise requires,
"Council" means the Local Government Service Council established under section 5 of this Act;
"District Assembly" includes Municipal and Metropolitan Assembly;
"Minister" means the Minister responsible for Local Government;
"NALAG" means the National Association of Local Authorities of Ghana; and
"Service" means the Local Government Service.
-
-
On the coming into force of this Act, the members of staff of the branches, divisions or units of the departments specified in the Schedule to this Act shall be deemed to have been transferred to a Department of a District Assembly as determined by the Minister and shall form part of the Service from the date of transfer.
-
-
(1) The Civil Service Law, 1993 (P.N.D.C.L. 327) is amended as follows:
(a) in subsection (3) of section 1 by the repeal of the words "both" and "and local";
(b) in section 4 (a) by the repeal of subparagraphs (iv), (v), (vi), (vii);
(c) by the repeal of Part V;
(d) by the repeal of section 45;
(e) in section 46 by the deletion of the words "Regional and District";
(f) by the repeal of subsections (3) and (4) of section 62; and
(g) in section 70 by the deletion of the words "and decentralized administration".
(2) On the coming into force of this Act, the Civil Service Law 1993, (P.N.D.C.L. 327) shall cease to apply to the Service established under this Act and its members.
-
-
The Local Government Act, 1993 (Act 462) is amended
(a) in section 146 by the repeal of subsection (1);
(b) in the Eighth Schedule by the deletion of the following:
(i) Forestry Department;
(ii) office of the District Medical Officer of Health;
(ii) National Fire Service;
(iii) Department of Games and Wildlife.
-
-
Notwithstanding the repeals specified in section 35 (1) any regulations or other statutory instrument made under or continued in force under the Civil Service Law, 1993 (P.N.D.C.L. 327) and in force immediately before the date of coming into force of this Act shall continue to apply with the necessary modification to members of the Service established under this Act unless made inapplicable by law.
|
