GHANA NATIONAL PLAYING FIELDS BOARD ACT - 1977 (SMCD 107)
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(1) There is hereby established a National Playing Fields Board in this Decree referred to as "the Board".
(2) The Board shall be a body corporate, with perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) The Board 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.
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Where there is any hindrance to the acquisition by the Board of any property the property may be acquired for the Board under the State Property and Contracts Act, 1960 (CA 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 Board and for the cost of such acquisition to be defrayed by the Board.
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(1) The Board shall consist of-
(a) a Chairman who shall be the Special Assistant to the Commissioner responsible for Sports;
(b) a representative of the Sports Division of the office of the Supreme Military Council;
(c) the Executive Chairman of the National Sports Council;
(d) The Chief Town Planning Officer or his representative;
(e) the Chief Lands Officer or his representative;
(f) the Director of Surveys or his representative;
(g) a representative of the Attorney-General's Department;
(h) a representative of the Architectural and Engineering Services Corporation;
(i) the City Engineer or his representative;
(j) the representative of a firm which has shown interest in sports to be appointed by the Commissioner;
(k) a sports enthusiast appointed by the Commissioner.[As substituted by the Ghana National Playing Fields Board (Amendment) Decree, 1978, (SMCD 145) s.1]
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(1) The Board shall ordinarily meet for the despatch of business at such times and at such places as the Board may determine but shall meet at least once in every month.
(2) At every meeting of the Board, the Chairman shall preside and in his absence a member of the Board appointed by the members present from among themselves shall preside.
(3) Questions proposed at a meeting of the Board shall be determined by a simple majority of members present and voting and in the event of any equality of votes the person presiding shall have a second or casting vote.
(4) The quorum at any meeting of the Board shall be four.
(5) The Board may, at any time co-opt any person or persons to act as an 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.
(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 any company or undertaking with which the Board proposes to enter into any contract or who has any interest in any contract which the Board proposes to enter into shall disclose in writing to the Board the nature of his interest 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 and any member who infringes the provisions of this subsection shall be liable to be removed from the Board.
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(1) The Board shall have a Secretary who shall be the Chief Executive of the Board.
(2) The Secretary shall be appointed by the Supreme Military Council on the recommendation of the Commissioner and, subject to the provisions of this Decree, shall hold office upon such terms and conditions as may be specified in his instrument of appointment.
(3) Where the office of the Secretary becomes vacant the Board shall notify the Supreme Military Council of the occurrence of the vacancy.
(4) Where the Secretary is temporarily incapacitated from the performance of his functions under this Decree the Board may authorise any employee of the Board to perform those functions for the duration of the incapacity.
(5) Subject to the provisions of this Decree, the Secretary shall, subject to the general control of the Board on matters of policy, be charged with the direction of the day-to-day business of the Board and of its administration and organisation and control of all the employees of the Board.
(6) The Secretary shall also 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.
(7) Subject to subsection (5) of this section the Secretary may delegate to any employee of the Board any of his functions under this Decree and may impose such conditions with respect to the exercise of such delegated functions as he may think fit:
Provided that nothing in this subsection shall be construed so as to absolve the Secretary from ultimate responsibility for any act done by any person in pursuance of any such delegation.
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(1) The use of the seal of the Board shall be authenticated by two signatures, namely-
(a) the signature of the Secretary or a 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 Board authorised by the Board to act in the Secretary's place for that purpose.
(2) The Board may by instrument in writing under its common seal empower any person either 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 Board and under his seal, shall be binding on the Board and have the same effect as if it were under the common seal of the Board.
(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 Board by the Secretary or any member of the Board if such person has previously been authorised by the Board to execute or enter into that particular instrument or contract:
Provided that if the Board 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 Board 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 Board and to be-
(a) sealed with the common seal of the Board authenticated in the manner provided by subsection (1) of this section; or
(b) signed by and under the seal of a person appointed as attorney under subsection (2) of this section; or
(c) signed by the Secretary 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.
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(1) The Board 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 Board.
(2) The Board may also engage the services of such consultants and advisers as the Board may upon the recommendations of the Secretary determine.
(3) The Board shall in consultation with the Public Services Commission be responsible for the appointment and promotion of employees of the Board.
(4) The Board acting on the recommendations of the Secretary shall be responsible for the discipline and removal of the employees of the Board.
(5) Public officers may be transferred or seconded to the Board or may otherwise give assistance thereto.
(6) The employees, consultants and advisers of the Board shall be engaged on such terms and conditions as the Board may, on the recommendations of the Secretary, determine.
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(1) The Board may obtain loans and other credit facilities, on the guarantee of the Government from such Banks and other financial institutions as the Commissioner and the Commissioner responsible for Finance may approve.
(2) Apart from the powers of the Board under subsection (1) of this section, the Board may, with the prior approval of the Commissioner and the Commissioner responsible for Finance, borrow money from any other source.
(3) The Board may borrow temporarily by way of overdraft or otherwise, such sums as it may require for meeting its current obligations or discharging its functions.
(4) The Commissioner responsible for Finance may, on behalf of the Government guarantee the performance of any obligation or undertaking by the Board under this section.
(5) The Commissioner responsible for Finance may from time to time prescribe the maximum sums which the Board may borrow under subsection (1) or (2) of this section.
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(1) The financial year of the Board shall end on the 30th day of June, in each year.
(2) For the purposes of this section the period extending from the commencement of this Decree to the 30th day of June, 1978 shall be deemed to be a financial year.
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(1) The books and accounts of the Board shall each year be audited by the Auditor-General or an auditor appointed by him.
(2) The Board shall pay in respect of such audit service such fee (if any) as the Auditor-General and the Board may agree or in the case of failure to agree, such fee as the Commissioner may prescribe.
(3) It shall be the duty of the Board as soon as possible upon receiving the report of the Auditor-General under this section, to forward a copy of such report to the Commissioner.
(4) 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.
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(1) The Board shall, as soon as possible after the expiration of each financial year but within three months after the termination of that year, submit to the Commissioner an annual report dealing generally with the activities and operations of the Board within that year.
(2) The Commissioner shall, as soon as possible after receiving the annual report of the Board, cause the report to be laid before the Supreme Military Council.
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