Atomic Energy Commission Act, 2000 Act 588

ATOMIC ENERGY COMMISSION ACT, 2000 (ACT 588)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF COMMISSION
1. Establishment
2. Terms of office
PART II—FUNCTIONS OF THE COMMISSION
3. Functions of the Commission
4. Committees of the Commission
5. Meetings of the Commission
PART III—FINANCIAL PROVISIONS
6. Funds
7. Accounts and Audit
8. Annual Reports
PART IV—ADMINISTRATION
9. Director-General
10. Other staff
PART V—MISCELLANEOUS PROVISIONS
11. Institutes
12. Exemptions from Taxation
13. Acquisition of land
14. Regulations
15. Interpretation
16. Repeal
17. Transitional Provisions
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ISIONS
11. Institutes
12. Exemptions from Taxation
13. Acquisition of land
14. Regulations
15. Interpretation
16. Repeal
17. Transitional Provisions
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(ACT 588)
THE FIVE HUNDRED AND FIFTY-EIGHT
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE ATOMIC ENERGY COMMISSION ACT, 2000
AN ACT to amend and consolidate the law relating to the establishment of the Atomic Energy
Commission and for related matters. DATE OF ASSENT: 27th November, 2000
ENACTED by the President and Parliament
PART I—ESTABLISHMENT OF COMMISSION
Section 1—Establishment
(1) There is hereby established a commission to be known as the Atomic Energy Commission
consisting of:
(a) a chairman,
(b) the Director-General of the Commission, and
(c) five other members,
all of whom, other than the Director-General, shall be appointed by the President acting in
consultation with the Council of State. (2) A person shall not be appointed a member of the Commission unless that person
(a) is a citizen of Ghana, and
(b) has interest and experience in nuclear sciences and engineering or a reputable knowledge
of nuclear and its related sciences.

itizen of Ghana, and
(b) has interest and experience in nuclear sciences and engineering or a reputable knowledge
of nuclear and its related sciences.

(3) The Commission shall be a body corporate with perpetual succession and a common seal,
may sue and be sued in its corporate name and subject to this Act, shall otherwise have all the
attributes of a body corporate in respect of
(a) the right to acquire and hold real or personal property for the purposes of the Commission;
(b) the right to regulate its own procedure;
(c) the investment of the funds of the Commission including the funds in a pension scheme
instituted by the Commission for the benefit of its employees in addition to any other pension
scheme under any other enactment;
(d) the obtaining of loans, for the purposes of the Commission subject to the prior approval in
writing of the Minister responsible for Finance. 2

nt;
(d) the obtaining of loans, for the purposes of the Commission subject to the prior approval in
writing of the Minister responsible for Finance. 2

Section 2—Terms of Office
(1) A member, other than the Director-General,
(a) shall hold office for a term of five years, but is eligible for re-appointment;
(b) may in writing addressed to the President through the Minister resign from office as a
member. (2) The office of a member who is absent without just cause from three consecutive meetings
of the Commission shall become vacant. (3) Where the office of a member becomes vacant pursuant to subsection (2), or by reason of
death or resignation, the President shall, acting in consultation with the Council of State,
appoint a person to fill the vacancy that is created. (4) A member, other than the Director-General, shall be paid the allowances determined by the
Minister in consultation with the Minister responsible for Finance.

r, other than the Director-General, shall be paid the allowances determined by the
Minister in consultation with the Minister responsible for Finance.

PART II—FUNCTIONS OF COMMISSION
Section 3—Functions of the Commission
(1) The functions of the Commission are,
(a) to make proposals to the Government for legislation in the field of nuclear radiation and
radioactive waste management;
(b) to advise the Government on questions relating to nuclear energy, science and technology;
(c) to establish, for the purposes of research and in furtherance of its functions, Institutes of the
Commission and to exercise control over the boards of management of the Institutes;
(d) to encourage and promote the commercialisation of research and development results
through its Institutes;
(e) to supervise the carrying out of all requirements designed to secure the safety and health of
radiation workers and the environment;
(f) to engage in research and development activities, as well as in the publication and
dissemination of research findings and other useful technical information;
(g) to oversee and facilitate the development of human resources in the fields of nuclear science
and technology, and to promote the training of scientific, technical and non-scientific personnel
of the Commission;
(h) to maintain relations with the International Atomic Energy Agency and other similar
international and national organisations, and to collaborate and liaise with those organisations
on matters of research and development of nuclear energy and nuclear technology;
(i) to collaborate with Universities and Research Institutes for the purposes of conducting
research into matters connected with the peaceful uses of nuclear energy and technology;
(j) to perform any other functions determined by the Government.

earch into matters connected with the peaceful uses of nuclear energy and technology;
(j) to perform any other functions determined by the Government.

(2) The Commission shall ensure that nuclear damage does not result from
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(2) The Commission shall ensure that nuclear damage does not result from
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(a) anything on premises occupied by the Commission whether the damage is suffered on the
premises or elsewhere; or
(b) anything which is in the course of carriage on its behalf to or from the premises of the
Commission; or
(c) waste discharged or released, in whatever form, on or from the premises of the Commission
or any other place. (3) The liability of the Commission for nuclear damage under paragraph (b) of subsection (2)
is subject to the terms of an agreement relating to the carriage. (4) A nuclear installation operated under the supervision of an Institute of the Commission
shall be deemed for all purposes to be operated by the Commission on the premises of the
Commission. Section 4—Committees of the Commission
(1) The Commission may appoint committees consisting of persons who are, or are not
members of the Commission, to perform a function of the Commission assigned to the
committee. (2) Where a committee appointed under subsection (1) is composed of persons who are not
members of the Commission that committee shall only act in an advisory capacity.

tee appointed under subsection (1) is composed of persons who are not
members of the Commission that committee shall only act in an advisory capacity.

Section 5—Meetings of the Commission
(1) The Commission shall ordinarily meet for the despatch of business at the times and venues
determined by the chairman but shall meet at least once every three months. (2) The chairman shall, at the request in writing of four members, call an extraordinary meeting. (3) The chairman shall preside at meetings of the Commission and in the absence of the
chairman the members present shall elect one of their number to preside. (4) The quorum at a meeting of the Commission shall be four or a greater number determined
by the Commission in respect of an important matter or question relating to policy or finance. (5) Subject to subsection (4) decisions at a meeting of the Commission may be reached by a
simple majority of the members present and voting; and where there is a tie of votes the
chairman or the person presiding shall have a second or casting vote. (6) The Commission may request the attendance of a person who is not a member to any of its
meetings but that person shall not vote on a matter for decision before the meeting. (7) The Deputy Director-General shall be in attendance at the meetings of the Commission.

shall not vote on a matter for decision before the meeting. (7) The Deputy Director-General shall be in attendance at the meetings of the Commission.

(8) Subject to this section, the Commission shall determine and regulate its own procedure. (9) The Commission may cat notwithstanding a vacancy among its members or a defect in the
appointment or qualification of a member. PART III—FINANCIAL PROVISIONS
Section 6—Funds
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twithstanding a vacancy among its members or a defect in the
appointment or qualification of a member. PART III—FINANCIAL PROVISIONS
Section 6—Funds
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The funds of the Commission include
(a) funds provided by Parliament for the Commission which are paid directly out of the
Consolidated Fund of other moneys provided by Parliament out of any other public funds;
(b) a loan granted to the Commission by the Government or a banking institution or by any
other person;
(c) moneys accruing to the Commission in the course of the performance of its functions; and
(d) donations and gifts made to the Commission. Section 7—Accounts and Audit
(1) The Commission shall maintain proper books of account and other records in the form
determined by the Auditor-General. (2) The Commission shall, not later than three months after the end of the financial year, submit
for audit to the Auditor-General, its books and records of account. (3) The Auditor-General shall, not later than three months after the submission under
subsection (2), audit the books and records of account of the Commission, and submit a copy
of the report on the accounts to the Minister who shall lay the report before Parliament. (4) The Auditor-General may, with the prior approval of the Minister, issue instructions
regarding the conduct of the audit or conduct a supplementary audit.

Auditor-General may, with the prior approval of the Minister, issue instructions
regarding the conduct of the audit or conduct a supplementary audit.

(5) The financial year of the Commission shall be the same as the financial year of the
Government. Section 8—Annual Reports
(1) The Commission shall, not later than seven months after the end of the financial year,
submit to the Minister an annual report on the activities of the Commission for that year which
shall include the Auditor-General's report and the report of a supplementary audit. (2) The Minister shall lay the annual report before Parliament. PART IV—ADMINISTRATION
Section 9—Director-General
(1) A Director-General and a Deputy Director-General shall be appointed by the Commission
in accordance with clause (3) of article 195 of the Constitution. (2) The Director-General shall, subject to the directions of the Commission on matters of
policy, be the chief executive officer of the Commission and shall perform any other functions
as directed, and in particular, the Director-General shall be responsible for the effective co
ordination of research, scientific and technical matters of the Commission. (3) The Deputy Director-General shall perform the functions assigned by the Director-General.

rch, scientific and technical matters of the Commission. (3) The Deputy Director-General shall perform the functions assigned by the Director-General.

Section 10—Other Staff
(1) A secretary to the Commission shall be appointed by the Commission in accordance with
clause (3) of article 195 of the Constitution. 5

Other Staff
(1) A secretary to the Commission shall be appointed by the Commission in accordance with
clause (3) of article 195 of the Constitution. 5

(2) The Commission may employ other officers and employees necessary for the proper and
efficient performance of its functions. (3) The terms and conditions of service of a person employed by the Commission shall be as
approved by the Commission. (4) An employee of the Commission established under the Atomic Energy Commission Act,
1963 (Act 204) shall, on the coming into operation of this Act, so far as may be practicable and
subject to directions by the President, continue as an employee of the Commission in a post
comparable to that which the employee held with the former Commission. PART V—MISCELLANEOUS PROVISIONS
Section 11—Institutes
(1) The Commission may set up Institutes it considers necessary for the performance of its
functions. (2) An Institute shall have a management board consisting of
(a) a chairman,
(b) the Director of the Institute, and
(c) five other members who are persons with the requisite knowledge or expertise in the matters
for which the Institute is set up. (3) The Director of an Institute is responsible for the scientific, technical and day to day
administration of the Institute.

the Institute is set up. (3) The Director of an Institute is responsible for the scientific, technical and day to day
administration of the Institute.

(4) Directors and Deputy Directors of Institutes shall be appointed by the Commission. (5) A Director or a Deputy-Director shall hold office for a term as determined by the
Commission. Section 12—Exemption from Taxation
Subject to clause (2) of article 174 of the Constitution, the Minister responsible for Finance
may, in writing, exempt the Commission from the payment of income tax and from other direct
taxation. Section 13—Acquisition of Land
(1) The Commission may, subject to article 20 of the Constitution, make recommendations to
the Minister for the compulsory acquisition of land or other property. (2) Moneys due to a person by way of compensation for property acquired in pursuance of
subsection (1) shall be paid out of the funds of the Commission. Section 14—Regulations
The Minister may, on the recommendations of the Commission, by legislative instrument,
make Regulations for the purpose of:
(a) securing the safe operation of a nuclear installation under the supervision of the
Commission and by any other organisation;
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for the purpose of:
(a) securing the safe operation of a nuclear installation under the supervision of the
Commission and by any other organisation;
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(b) securing the safe transport of nuclear fuel, radioactive products or waste;
(c) regulating and controlling the collection, segregation, treatment, conditioning, storage and
disposal of radioactive waste generated in facilities of the Commission and in the mining,
milling, gas production and other uses of radioactive materials and sources;
(d) securing the maintenance of efficient systems for personnel and environmental monitoring
and for medical surveillance and treatment of radiation related sickness;
(e) harmonising the interests of state agencies concerned with the utilisation of radiation; and
(f) ensuring that operations relating to irradiating devices and radioactive materials are carried
out without risk to public health and safety and that devices, plants, installations and facilities
are designed, constructed, calibrated and operated in accordance with standards prescribed by
the Minister.

ices, plants, installations and facilities
are designed, constructed, calibrated and operated in accordance with standards prescribed by
the Minister.

Section 15—Interpretation
In this Act, unless the context otherwise requires,
"chairman" means the chairman of the Commission;
"Commission" means the Commission established under section 1;
"financial year" means as respects the first financial year of the Commission, the period from
the commencement of this Act to the end of the financial year as determined by the
Government;
"functions" includes powers and duties;
"Institute" includes a Centre, Unit and a Project of the Commission;
"member" means a member of the Commission;
"Minister" means the Minister responsible for nuclear energy;
"nuclear damage" means the death of, or injury to, a person or loss of or damage to property
which results from the radioactive properties, or from a combination of those properties with
toxic, explosive or other hazardous properties, or nuclear fuel or radioactive products or waste;
"nuclear energy" means energy released during transformation of nuclide;
"nuclear fuel" means material which is capable of producing energy by self-sustaining process
of nuclear fission;
"nuclear installation means
(a) an installation, other than a nuclear reactor installed in a means of transport as a source of
power, which contains nuclear fuel so arranged that a self-sustained chain process of nuclear
fission can occur in the installation without an additional source of neutrons;
(b) any other installation in which nuclear fuel, other than natural or depleted uranium or a
radioactive product or waste, is produced, used, processed or stored;
"radioactive product" means a material produced in, or a material made radioactive by exposure
to the radiation incidental to, the process of producing or utilising nuclear fuel;
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material produced in, or a material made radioactive by exposure
to the radiation incidental to, the process of producing or utilising nuclear fuel;
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"University" includes the University of Ghana, the Kwame Nkrumah University of Science
and Technology, the University of Cape Coast and any other University established by law;
"waste" means radioactive products that constitute scrap materials or an effluent or other
unwanted surplus substance. Section 16—Repeal
(1) The Atomic Energy Commission Act, 1963 (Act 204), as amended by the Atomic Energy
Commission Act, 1963 (Amendment) Decree, 1966 (N. L. C. D 114), the Atomic Energy
Commission (Amendment) Decree, 1974 (N.R.C.D. 296) and the Atomic Energy Commission
(Amendment) Law, 1993 (P.N.D.C.L. 308), is hereby repealed. (2) Notwithstanding the repeal of the Act specified in subsection (1), subsidiary legislation
made under that Act and in force on the coming into force of this Act shall continue in force
until Regulations are made under section 13.

legislation
made under that Act and in force on the coming into force of this Act shall continue in force
until Regulations are made under section 13.

Section 17—Transitional Provisions
(1) The assets and liabilities of, and property vested in, the Commission established under the
Atomic Energy Commission Act, 1963 (Act 204) immediately before the coming into force of
this Act shall, without further assurance than this subsection, vest in the Commission; and
accordingly proceedings taken by or against the former Commission may be continued by or
against the Commission. (2) A contract subsisting between the Commission established under the Atomic Energy
Commission Act 1963 (Act 204) and any other person in force immediately before the coming
into force of this Act shall, subject to directions by the President, subsist between the
Commission established under this Act and that other person. Date of Gazette Notification: 8th December, 2000. 8