GHANA COCOA BOARD ACT - 1984 (PNDCL 81)

    • (1) There is hereby established, to replace the Ghana Cocoa Marketing Board existing immediately before the commencement of this Act, a body to be known as the Ghana Cocoa Board.
      (2) The Board is a corporate body with perpetual succession and a common seal and may sue and be sued in its corporate name.
      (3) The Board may, for the performance of its functions under this Act acquire and hold movable or immovable property and may dispose of that property and enter into a contract or any other transaction.
      (4) Where there is a hindrance to the acquisition of property under subsection (3), the property may be acquired for the Board under the State Property and Contracts Act, 1960 (CA 6) or the State Lands Act, 1962 (Act 125).

    • The objects of the Board are,
      (a) to encourage the production of cocoa, coffee and shea;
      (b) to undertake the cultivation of cocoa, coffee and shea;
      (c) to initiate programmes aimed at controlling pests and diseases of cocoa, coffee and shea;
      (d) to purchase, import, undertake and encourage the manufacture of, and distribute and market inputs used in the production of cocoa, coffee and shea;
      (e) to undertake, promote and encourage scientific research aimed at improving the quality and yield of cocoa, coffee, shea and other tropical crops;
      (f) to regulate the marketing and export of cocoa, coffee and shea;
      (g) to secure the most favourable arrangements for the purchase, inspection, grading, sealing and certification, export and sale of cocoa, coffee, and shea;
      (h) to purchase, market and export cocoa produced in the Republic which is graded under the Cocoa Industry (Regulation) (Consolidation) Act, 1968 (NLCD 278) or any other enactment as suitable for export;
      (i) to establish or encourage the establishment of industrial processing factories for the processing of cocoa and cocoa waste into marketable cocoa products;
      (j) to purchase, market and export cocoa, cocoa products, coffee, shea and shea butter produced in the Republic;
      (k) to assist in the development of the cocoa, coffee and shea industries of the Republic; and
      (l) to promote the general welfare of cocoa, coffee and shea farmers in the Republic.

    • The Board may, for the attainment of its objects and without prejudice to the general effect of section 2,
      (a) determine, with the prior approval in writing of the Minister, the prices to be paid to producers for their cocoa, coffee and shea and shall arrange in the manner that the Board thinks fit to notify the prices to the producers;
      (b) take steps to pay promptly for any cocoa beans, coffee and shea purchased from producers and all which payments shall be made by cheque in accordance with the Akuafo Cheque System;
      (c) establish purchasing and marketing organisations and regulate the mode of operation of the organisations;
      (d) acquire and hold an interest in the business of a person carrying on functions, whether in the Republic or outside Republic, similar or related to the objects of the Board and may dispose of that interest;
      (e) provide seedlings, credit and any other facilities to cocoa, coffee and shea farmers to plant new farms or rehabilitate old ones or redeem pledged farms;
      (f) with the prior approval of the Minister, carry on any other activities as appear to the Board to be conducive or incidental to the attainment of the objects and functions of the Board under this Act.

    • Without prejudice to the generality of section 14, the Board may, with the prior approval in writing of the Minister and subject to the conditions that it may impose, by writing under its common seal delegate any of its functions under this Act to a person and may in similar manner revoke the delegation.

    • A person shall not manufacture a food for sale unless the food is manufactured under the supervision of a person with appropriate knowledge and qualification who can ensure the purity and wholesomeness of the food.

    • (1) The governing body of the Board is the board of directors consisting of
      (2) The Board of Directors shall consist of the following members all of whom shall be appointed by the Provisional National Defence Council-
      (a) three persons nominated by the Government one of whom shall be the Chairman,
      (b) the Chief Executive referred to in section 12,
      (c) four persons to represent the interests of farmers,
      (d) two workers of the Board, one each representing the Trade Union Congress, and the middle management of the Board,
      (e) the Governor of Bank of Ghana with the Deputy Governor (Foreign) as an alternate director,
      (f) the Minister responsible for Finance with the Deputy Minister as an alternate director,
      (g) the Minister responsible for Agriculture with the Deputy Minister as an alternate director,
      (h) the Minister responsible for Trade with the Deputy Minister as an alternate director.

    • (1) A person is not qualified to be appointed or remain a director unless that person
      (a) is a citizen and has reached the age of twenty-one years, and
      (b) is able to speak and, unless incapacitated by blindness or any other physical causes, to read the English language with a degree of proficiency sufficient to enable that person to take an active part in the deliberations of the meetings of the directors.
      (2) A person is not qualified to be a director if that person
      (a) owes allegiance to a country other than the Republic; or
      (b) has been adjudged or otherwise declared,
      (i) bankrupt under a law in force in the Republic and have not been discharged;
      (ii) to be of unsound mind or is detained as a criminal lunatic under any law in force in the Republic; or
      (c) has been convicted
      (i) for treason or for an offence involving the security of the Republic, fraud, dishonesty or moral turpitude; or
      (ii) for any other offence on indictment; or
      (d) has been found by the report of a Commission or a Committee of Inquiry to be incompetent to hold public office or in respect of whom a Commission or Committee of Inquiry has found that while being a public officer that person acquired assets unlawfully or defrauded the Republic or misused or abused the power of office, or wilfully acted in a manner prejudicial to the interests of the Republic, and the findings have not been set aside on appeal or judicial review; or
      (e) has had the property of that person confiscated as the result of the findings of a Commission or Committee of Inquiry, and the findings have not been set aside on appeal or judicial review; or
      (f) is under sentence of death or any other sentence of imprisonment imposed on that person by a court.
      (3) Paragraph (c) or (d) or (e) of subsection (2) does not apply if ten years or more have elapsed since the end of the sentence or the date of the publication of the report of the Commission or Committee of Inquiry or that person has been pardoned.

    • (1) The directors shall meet at least once in every month for the dispatch of business at the times and the places determined by the directors.
      (2) A special meeting of the directors shall be called on a written request signed by the chairman or by one-third of the directors addressed to the secretary.
      (3) The chairman shall preside at the meetings of the directors and in the absence of the chairman, a director other than the Chief Executive, elected by the directors present from among themselves, shall preside.
      (4) Questions proposed at a meeting of the directors shall be determined by a simple majority of the directors present and voting, and in the event of an equality of votes the person presiding shall have a casting vote.
      (5) The quorum at a meeting of the directors is eight.
      (6) The three Deputy Chief Executives referred to in section 12 shall attend the meetings of the directors and may take part in its deliberations but do not have a right to vote.
      (7) The directors may co-opt a person to act as an adviser at any of its meetings, but a person so co-opted is not entitled to vote at the meeting on a matter for decision by the directors.
      (8) The validity of the proceedings of the directors shall not be affected by a vacancy among the directors or by a defect in the appointment of any of them.
      (9) A director who has an interest in a company or an undertaking with which the Board proposes to enter into a contract or who has an interest in a contract which the Board proposes to enter into shall disclose in writing to the other directors the nature of the interest; and
      (a) is disqualified from participating in the deliberations of the directors on the contract, and
      (b) is disqualified from voting on a decision of the directors on the contract.
      (10) A director who infringes a provision of subsection (9) commits an offence and is liable to be removed from office as a director.

    • Subject to this Act, the directors are charged with the management of the property, business, and finances of the Board and the other affairs and concerns of the Board on matters of policy.

    • (1) The Board shall have an officer to be known as the Chief Executive and three other officers to be known as Deputy Chief Executives who shall be responsible to the Chief Executive.
      (2) The Chief Executive and the Deputy Chief Executives shall be appointed by the President in accordance with article 195 of the Constitution and shall hold office for four years on the terms and conditions specified in their instrument of appointment.
      (3) The Chief Executive and Deputy Chief Executives are eligible for re-appointment.

    • The Chief Executive is responsible, subject to the general control of the directors on matters of policy and subject in particular to the Regulations or bye-laws or the administrative instructions made or given by the directors under section 34 or section 36, for the direction of the day to day business of the Board and of its administration and the control of the employees of the Board.

    • The Deputy Chief Executives shall respectively have administrative responsibility for the following sectors of the Board
      (a) Operations,
      (b) Agronomy and Quality Control, and
      (c) Finance and Administration,

    • (1) The chairman does not have any other functions in relation to the Board except as otherwise expressly conferred by this Act or by any other enactment.
      (2) During intervals between meetings of the directors, the Chairman is charged with the responsibility of overseeing on behalf of the directors the implementation by the management of policy decisions taken by directors.

    • (1) The Board may engage employees necessary for the proper and efficient conduct of the business and the performance of the functions of the Board.
      (2) The Board may on the recommendation of the Chief Executive, engage the services of consultants and advisers.
      (3) Subject to article 195 of the Constitution, the directors in consultation with the Public Services Commission are responsible for the appointment of a person to an office in the Board of general manager or divisional head or a similar office.
      (4) Despite any other enactment to the contrary but subject to this Act, the directors may appoint persons as heads of the wholly-owned subsidiaries of the Board.
      (5) The directors are, on the recommendations of the management, responsible for the discipline, dismissal or removal of a person referred to in subsections (3) and (4).
      (6) The divisions and subsidiaries to which subsections (3) and (4) relate are the Produce Buying Company Limited, the Cocoa Research Institute of Ghana, the Cocoa Marketing Company (Ghana) Limited, COCOBOD Plantations Limited, Cocoa Processing Company Limited, Abaca Formulation Plant Limited, the Produce Inspection Division, Cocoa Services Division and any other division or subsidiary that may be created under subsection (7).
      (7) The Board may, on the advice of the Chief Executive, create or abolish a department, division or subsidiary referred to in subsection (6).
      (8) The directors are responsible subject to article 195 of the Constitution, and on the recommendations of the management, for the appointment, promotion, discipline, dismissal or removal of a person in respect of any other office in the Board.
      (9) The directors may delegate any of their functions under subsection (8) to the management or a director or to an employee of the Board who may act with or without the recommendation that is referred to in subsection (8) as directed by the directors.
      (10) Subject to this Act, the employees and advisers of the Board shall be engaged on the terms and conditions that the directors may determine on the recommendation of the management.
      (11) Public officers may be transferred or seconded to the Board or may otherwise give assistance to the Board.

    • (1) The Board shall have an officer to be designated as the solicitor Secretary.
      (2) The solicitor secretary shall act as secretary to the directors at their meetings and shall, subject to the directions of the directors, arrange the business and record and kept minutes of the meetings of the directors.
      (3) The solicitor secretary shall perform any other function directed in writing by the directors or as the Chief Executive may by writing delegate to the solicitor secretary and shall be assisted by any of the employees of the Board as directed by the Chief Executive.

    • A director shall not personally sponsor or recommend an application for employment of a person under this Act and a director who infringes this section is liable to be removed from office as a director.

    • The Government may provide to the Board as working capital and as moneys required for carrying out the functions of the Board, the sums of money which the Minister, after consultation with the President, agrees, are the sums of money requested by the Board from the Government.

    • The financial year of the Board shall end on the 30th day of September in each year.

    • (1) The Board may have bank accounts determined by the directors.
      (2) Subject to any other enactment, the Board may open and operate foreign exchange accounts including accounts outside the Republic into which shall be paid not less than five percent of its earnings to the Republic through the export of Ghana cocoa and any other agricultural products and derived from the operations of the Board under this Act.
      (3) Subject to article 181 of the Constitution and in compliance with clause (4) of that article, the Board may obtain loans and other credit facilities on the guarantee of the Government from banks approved by the Minister responsible for Finance.
      (4) In addition to the powers of the Board under subsection (3), the Board may, with the approval of the Minister responsible for Finance, borrow from any other source.
      (5) The Board may borrow temporarily by way of overdraft or otherwise, the sums of money that it requires for meeting its current obligations or performing its functions.
      (6) The Minister responsible for Finance may, on behalf of the Government, guarantee the performance of an obligation or undertaking of the Board under this Act.
      (7) The Minister responsible for Finance may, in consultation with the Minister, prescribe the maximum sums of money which the Board may borrow under this Act.
      (8) Loans derived whether from outside or within the Republic as well as the agreements providing for joint ventures involving the Board shall be subject to clause (4) of article 181 of the Constitution.

    • Subject to clause (2) of article 174 of the Constitution, the Board is exempt from income tax imposed under the internal Revenue Act, 2000 (Act 592).

    • (1) The Board shall have a depreciation fund and for that purpose the Board shall open a depreciation reserve account with a commercial bank as determined by the Board.
      (2) At the end of each financial year, the Board shall transfer to the credit of the depreciation reserve account the amounts charged to profit and loss account in respect of depreciation for buildings, plant and equipment, fixtures and any other assets.
      (3) The amounts of money transferred to the depreciation reserve account shall be utilised only to replace fixed assets and equipment which are worn out or have become obsolete.
      (4) Expenditure in respect of current repairs and in respect of purchases of spare parts shall not be met out of the depreciation reserve account but shall be charged to the income and expenditure account of the Board for the financial year during which the expenditure is incurred.

    • At the end of each financial year, after the Board has made provision for bad and doubtful debts, depreciation of assets, contributions to staff and superannuation funds and for any other contingencies, and after appropriation has been made to the Farmer's Welfare Fund under section 27, a part of the profits of the Board remaining as directed in writing by the Minister after consultation with the directors and with the Minister responsible for Finance, shall be paid into the Consolidated Fund.

    • The Board shall keep proper books of account and proper records in relation to those books and records in the form approved by the Auditor-General.

    • (1) The books and accounts of the Board shall within three months after the end of each financial year of the Board be audited by the Auditor-General.
      (2) The Board shall pay in respect of the audit a fee that the Auditor-General and the directors may agree or in the case of failure to agree, the fee prescribed by the Minister.
      (3) The directors shall as soon as possible on receiving the report of the Auditor-General, forward a copy of the report to the Minister.
      (4) The Minister shall as soon as practicable on receipt of the report, lay a copy of the Auditor's report before Parliament.

    • The Minister may, after consultation with the directors or the management, give to the Board in writing directions of a general character which are not inconsistent with this Act or with the contractual or any other legal obligations of the Board relating to the performance of its functions and the Board shall give effect to those directions.

    • (1) The directors may, by legislative instrument, make Regulations for the purpose of giving effect to this Act.
      (2) In addition to subsection (1), the Regulations may
      (a) prescribe the form of the licences or permits to be issued under this Act,
      (b) regulate the control of the issue of the licences or permits and determine the conditions under which they may be used, produced, revoked or returned.
      (3) The Regulations may prescribe in relation to a contravention of the Regulations,
      (a) penalties not exceeding a fine of one thousand penalty units or five years term of imprisonment or both the fine and the imprisonment;
      (b) additional penalties not exceeding one penalty unit for each day in respect of continuing offences;
      (c) forfeiture to the Republic of the articles with which the offences are committed.

    • (1) Where an offence under this Act or under the Regulations is committed by a body of persons,
      (a) in the case of a body corporate, other than a partnership, every director or secretary or similar officer of the body corporate, shall be deemed to have committed that offence;
      (b) in the case of a partnership every partner of the partnership shall be deemed to have committed the offence.
      (2) A person shall not be convicted of an offence under subsection (1) if that person proves to the satisfaction of the Court that that person did not consent to or connive at the commission of the offence and that reasonable steps had been taken to prevent the commission of the offence having regard to all the circumstances.

    • The directors may issue by-laws or administrative instructions in writing for regulating the internal operations of the Board including the regulation of the conditions of service of the employees of the Board and the operation of a contributory provident fund and a contributory insurance scheme.

    • Spent

    • Spent

    • In this Act, unless the context otherwise requires,

      "Board" means the Ghana Cocoa Board established under section 1;

      "Court" means a court of competent jurisdiction;

      "director" means a number of the governing body of
      the Board;

      "functions" includes powers and duties;

      "management" includes the Chief Executive, the Deputy Chief Executives and any other officers as prescribed under Regulations made by the directors.

      "Minister" means the Minister responsible for Trade;

      "Regulations" means Regulations made by the Board under section 34.

    • Spent

      Made this 3rd day of March, 1984.