Council for Scientific and Industrial Research Act, 1996 Act 521 (Revised)

ACT 521
Council for Scientific and Industrial Research Act, 1996
ACT 521
COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH ACT, 1996
ARRANGEMENT OF SECTIONS
Establishment of Council
SECTION
1. Establishment of Council.
2. Functions of the Council.
Administration
3. The governing body.
4. Terms of office of members.
5. Filling of vacancies.
6. Allowance to members.
Meetings and Committees of the Board
7. Meetings of the Board.
8. Committees of the Board.
9. Sectoral Research Committees.
10. Organisation of the Council.
11. Appointment of Director-General.
12. Appointment of Deputy Directors-General.
13. Secretariat of the Council.
14. Secretary of the Council.
15. Other staff of the Council.
16. Research institutes, units and projects.
17. Appointment of management boards for institutes, units and projects.
Financial Provisions
18. Funds of the Council.
19. Utilisation of gifts.
20. Borrowing powers and bank accounts.
21. Accounts and audit.
22. Financial year.
23. Budget estimates.
Miscellaneous
24. Annual report.
25. Regulations.
26. Exemption from tax and rates.
27. Staff or other employees of former Council.
Ill - 1251 (Issue 1]

scellaneous
24. Annual report.
25. Regulations.
26. Exemption from tax and rates.
27. Staff or other employees of former Council.
Ill - 1251 (Issue 1]

ACT 521
Council for Scientific and Industrial Research Act, 1996
SECTION
28. Ministerial responsibility and directives. 29. Interpretation. 30. Dissolution, repeal and vesting. SCHEDULE
ACT 521
COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH ACT, 19961
AN ACT to re-establish the Council for Scientific and Industrial Research to pro
mote, encourage and regulate research and the application of science and tech
nology in development and to provide for related matters. Establishment of Council
1. Establishment of Council
(1) There is established by this Act a Council for Scientific and Industrial Research. (2) The Council is a body corporate with perpetual succession and a common seal,
and may sue and be sued in its corporate name. (3) The Council may for the performance of its functions acquire and hold movable
or immovable property and enter into a contract or any other transaction. (4) Where the Board has resolved that it is necessary or expedient to acquire property
under subsection (3), the property may be acquired under the State Property and Con
tracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125). 2.

der subsection (3), the property may be acquired under the State Property and Con
tracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125). 2.

Functions of the Council
The functions of the Council are,
(a) to pursue the implementation of government policies on scientific research
and development;
(b) to advise the Minister on scientific and technological advances likely to be
of importance to national development;
(c) to encourage co-ordinated employment of scientific research for the man
agement, utilisation and conservation of the natural resources of the Repub
lic in the interest of development;
(d) to encourage in the national interest scientific and industrial research of
importance for development of agriculture, health, medicine, environment,
technology and any other service sectors and to this end to encourage close
linkages with the productive sectors of the economy;
1. This Act was assented to on 26th November, 1996. [Issue 1] III -1252

is end to encourage close
linkages with the productive sectors of the economy;
1. This Act was assented to on 26th November, 1996. [Issue 1] III -1252

ACT 521
Council for Scientific and Industrial Research /I ct, 1996
(e) to co-ordinate all aspects of scientific research in the country and to ensure
that the Council, the research institutes of the Council and any other or
ganisations engaged in research in the Republic co-ordinate and co-operate
in their research efforts;
(f) to exercise control over the research institutes, centres, units and projects of
the Council and to have power after consultation with the Minister to cre
ate, reconstitute, merge or dissolve any institute, centre, unit or project of
the Council;
(g) to review, monitor and periodically evaluate the work of the institutes ad
ministered by the Council in order to ensure that research being carried out
by the institutes directly benefits identified sectors of the economy and is
within the national priorities;
(h) to institute a system of contract research to ensure that research being car
ried out in the Council is relevant and cost effective;
(i) to encourage and promote the commercialisation of research results;
(j) to undertake or collaborate in the collation, publication, and dissemination
of the results of research and other useful technical information;
(k) to organise and control services and facilities available to the Council and
generally to manage the properties of the Council;
(I) to co-ordinate human resource development in institutes of the Council and
to encourage the training of scientific personnel and research workers
through the provision of grants and fellowships;
(m) to co-operate and liaise with international and local bodies and organisa
tions, in particular the Universities and the private sector on matters of re
search; and
(n) to perform any other functions as may be determined by the Minister.

rticular the Universities and the private sector on matters of re
search; and
(n) to perform any other functions as may be determined by the Minister.

Administration
3. The governing body
(1) The governing body of the Council is a Board consisting of
(a) the chairman,
(b) the Director-General appointed under section 11,
(c) one representative each nominated by
(i) the Ghana National Chamber of Commerce,
(ii) the Heads of the universities of Ghana serving on a rotational basis
for a term of three years at a time,
(iii) the Ghana Academy of Arts and Sciences,
(iv) the Ministry of Science, Technology and Environment,
(v) the Ministry of Food and Agriculture,
(vi) the Ministry of Industry,
(vii) the Ministry of Health,
III-1253 [Issue 1]

Technology and Environment,
(v) the Ministry of Food and Agriculture,
(vi) the Ministry of Industry,
(vii) the Ministry of Health,
III-1253 [Issue 1]

ACT 521
Council for Scientific and Industrial Research Act, 1996
(viii) the National Development Planning Commission,
(ix) the National Council for Tertiary Education,
(x) the Directors of the Research Institutions of the Council,
(xi) the senior staff of the Council,
(xii) the Ghana Institute of Engineers,
(d) three persons representing the private sector one of whom shall come from
agriculture and one from the Chambers of Mines,
(e) two persons representing the Association of Ghana Industries, and
(f) two other persons of reputable knowledge in science at least one of whom
is a woman. (2) Representatives of the Ministries on the Council shall be officers not below the
rank of Directors. (3) The members of the Board shall be appointed by the President in accordance with
article 70 of the Constitution. 4. Term of office of members
(1) Subject to this Act, a member of the Board other than the chairman or an ex offi
cio member shall hold office for a term not exceeding three years but is eligible for re
appointment. (2) A member other than an ex officio member may at any time by a notice in writing
addressed to the President resign from office.

for re
appointment. (2) A member other than an ex officio member may at any time by a notice in writing
addressed to the President resign from office.

(3) The office of a member absent from Ghana for a continuous period of twelve
months becomes vacant at the end of that period. 5. Filling of vacancies
In the event of the death or resignation of a member or where the office of a member
becomes vacant under subsection (3) of section 4, a replacement shall be appointed by
the President in consultation with the Council of State. 6. Allowance to members
A member of the Board is not entitled to an allowance in respect of membership of
the Board but the Council may pay to members of the Board and to any other persons
attending meetings travelling and any other allowances that the Board, in consultation
with the Minister, may determine. Meetings and Committees of the Board
7. Meetings of the Board
(1) The Board shall meet at least once in every three months for the despatch of busi
ness at the times and places that the chairman may determine. (2) The chairman shall at the request in writing of not less than seven members of the
Board call an extra-ordinary meeting at the place determined by the chairman. [Issue 1] III -1254

est in writing of not less than seven members of the
Board call an extra-ordinary meeting at the place determined by the chairman. [Issue 1] III -1254

ACT 521
Council for Scientific and Industrial Research Act, 1996
(3) The chairman shall preside at the meetings of the Board and in the absence of the
chairman a member of the Board elected by the members present shall preside at the
meeting. (4) The quorum at a meeting of the Board is nine or a greater number that the Board
may determine. (5) Questions proposed at a meeting of the Board shall be determined by a simple
majority of the members present and voting and where there is equality of votes the
chairman or the person presiding shall have a casting vote. (6) The Board may request the attendance of a person at any of its meetings but that
person shall not vote on a question before the Board and the presence at the meeting of
that person shall not count towards the constitution of a quorum. (7) The validity of an act or the proceedings of the Board shall not be affected by a
vacancy among its members or a defect in the appointment or qualification of a member. (8) There shall be a representative of the Deputy Directors-General in attendance at
meetings of the Board. (9) Subject to this section, the Board shall determine and regulate its own procedure. 8.

ty Directors-General in attendance at
meetings of the Board. (9) Subject to this section, the Board shall determine and regulate its own procedure. 8.

Committees of the Board
(1) The Board may appoint committees consisting of a number of persons that it may
determine whether members of the Board or not to perform any of its functions under this
Act. (2) The chairman of each committee shall be a member of the Board. 9. Sectoral Research Committees
(1) Without prejudice to subsection (1) of section 8, the following Sectoral Research
Co-ordinating Committees of the Council are hereby established under the office of the
Director-General:
(a) the Agriculture, Forestry and Fisheries Research Co-ordinating Committee;
(b) the Health and Medicine Research Co-ordinating Committee;
(c) the Industry and Natural Sciences Research Co-ordinating Committee;
(d) the Social Sciences Research Co-ordinating Committee; and
(e) the Environmental Research Co-ordinating Committee. (2) The Committees established under subsection (1) shall consist of a number of
persons and perform the functions, subject to subsection (3) determined by the Board.

es established under subsection (1) shall consist of a number of
persons and perform the functions, subject to subsection (3) determined by the Board.

(3) Each Sectoral Research Co-ordinating Committee is responsible to the Board for
the effective co-ordination nation-wide of research and development activities by organi
sations and individuals within the relevant sector. (4) The Board may create, reconstitute, merge or dissolve a Sectoral Research Co
ordinating Committee. Ill-1255 [Issue 1]

within the relevant sector. (4) The Board may create, reconstitute, merge or dissolve a Sectoral Research Co
ordinating Committee. Ill-1255 [Issue 1]

ACT 521
Council for Scientific and Industrial Research Act, 1996
10. Organisation of the Council
(I) The Board may create the departments or divisions that it considers necessary for
the efficient performance of its functions. (2) Without prejudice to subsection (1) there shall be established by the Board a
Technical Division and a General Administration Division. 11. Appointment of Director-General
(1) There shall be appointed by the Council under clause (3) of article 195 of the
Constitution a Director-General as the chief executive of the Council. (2) The Director-General shall hold office on the terms and conditions specified in
the letter of appointment. (3) Subject to the general directives of the Board, the Director-General is responsible
for the effective co-ordination of research activities of the Council. (4) The Director-General may delegate the functions of office to any officer of the
Council but is not relieved from ultimate responsibility for the performance of a dele
gated function. 12. Appointment of Deputy Directors-General
(1) The Council shall have Deputy Directors-General who shall be in charge of the
National Sectoral Research Co-ordinating Committees.

rectors-General
(1) The Council shall have Deputy Directors-General who shall be in charge of the
National Sectoral Research Co-ordinating Committees.

(2) The Deputy Directors-General shall be appointed by the Council under clause (3)
of article 195 of the Constitution on the terms and conditions specified in the letters of
appointment. (3) Without prejudice to subsection (1), each Sectoral Research Co-ordinating Com
mittee shall be served by a technical division of the secretariat set up under section 13. 13. Secretariat of the Council
There shall be a secretariat of the Council. 14. Secretary of the Council
(1) The Council shall under clause (3) of article 195 of the Constitution appoint a
suitable person who is not a member of the Board to be its secretary. (2) The secretary is the head of the General Administration Division of the Council
and is responsible to the Director-General. 15. Other staff of the Council
The Council may under clause (3) of article 195 of the Constitution employ on the
appropriate terms and conditions the number of persons required for the proper and effi
cient performance of its functions. [Issue 1] III -1256

on the
appropriate terms and conditions the number of persons required for the proper and effi
cient performance of its functions. [Issue 1] III -1256

ACT 521
Council for Scientific and Industrial Research Act, 1996
16. Research institutes, units and projects
(1) The Council may establish the research institutes, units, centres and projects that
the Board thinks fit for the performance of its functions under this Act. (2) With effect from the coming into force of this Act, the institutes, units, centres
and projects specified in the Schedule are for the puiposes of subsection (1) research in
stitutes, units, centres and projects of the Council. (3) The Board may, by legislative instrument and with the approval of the Minister
amend the Schedule. 17. Appointment of management boards for institutes, units and projects
(1) The Council shall appoint management boards consisting of the appropriate number
of persons except that forty percent of the membership shall be from the private sector. (2) The Board shall determine the duties and terms of reference for each management
board. (3) The Council shall appoint a Director or a suitable person to be in charge of each
institute or organ under its control on the terms and conditions determined by the Board.

oint a Director or a suitable person to be in charge of each
institute or organ under its control on the terms and conditions determined by the Board.

(4) Subject to the policy laid down by the Board, and the need to obtain its approval
in respect of a decision on programmes, budget and management, the person in charge of
an institute is responsible for the day-to-day management of the institute. (5) The Board may request a management board appointed under this Act or any
other person or body as the Board considers appropriate to manage on behalf of the
Council a property of the Council. Financial Provisions
18. Funds of the Council
The funds of the Council consist of
(a) appropriations made by Parliament for the Council,
(b) donations and grants,
(c) loans granted to the Council by the Government or a banking institution,
(d) the moneys accruing to the Council in the course of the performance of its
functions under this Act, and
(e) gifts. 19. Utilisation of gifts
(1) A gift intended by a person for the Council or for an institute, unit, a centre or
project of the Council shall be made directly to the Council which shall utilise the gifts
for its objects under this Act. Ill -1257 [Issue 1]

ntre or
project of the Council shall be made directly to the Council which shall utilise the gifts
for its objects under this Act. Ill -1257 [Issue 1]

ACT 521
Council for Scientific and Industrial Research Act, 1996
(2) In deciding to what use to put a gift, the Board shall consider the expressed
wishes of the donor of the gift as are not inconsistent with the objects of the Council and
in the case of an inconsistency arising between the expressed wishes of the donor of a gift
and the objects of the Council, the gift may be utilised by the Board in furtherance of any
of the objects of the Council. (3) Subject to clause (3) of article 125 of the Constitution, the question as to whether
or not an inconsistency exists under subsection (2) is a matter to be determined by the
Board and its decision on that matter in all cases is final and conclusive. 20. Borrowing powers and bank account
(1) Subject to article 181 of the Constitution the Council may obtain loans and any
other credit facilities on the guarantee of the Government from a bank or an institution
that the Minister may approve. (2) The Council may open bank accounts in the banks approved by the Minister re
sponsible for Finance. 21.

institution
that the Minister may approve. (2) The Council may open bank accounts in the banks approved by the Minister re
sponsible for Finance. 21.

Accounts and audit
(1) The Council shall keep books of account and proper records in relation to them in
the form approved by the Auditor-General. (2) The accounts of the Council shall be audited by the Auditor-General within six
months after the end of each financial year. 22. Financial year
The financial year of the Council shall be the same as that of the Government. 23. Budget estimates
The Director-General shall prepare budget estimates for each financial year and pre
sent the estimates to the Board for its approval not later than four months before the end
of the financial year. Miscellaneous
24. Annual report
(1) The Board shall as soon as possible after the expiration of each financial year but
within six months after the end of the year submit to the Minister an annual report cover
ing the activities and operations of the Council for the year to which the report relates. (2) The annual repoit submitted under subsection (1) shall include the report of the
Auditor-General. (3) The Minister shall within two months after the receipt of the annual report submit
a report to Parliament with a statement that the Minister considers necessary.

r shall within two months after the receipt of the annual report submit
a report to Parliament with a statement that the Minister considers necessary.

(4) The Board shall also submit to the Minister any other reports in writing requested
by the Minister. [Issue 1] III -1258

(4) The Board shall also submit to the Minister any other reports in writing requested
by the Minister. [Issue 1] III -1258

ACT 521
Council for Scientific and Industrial Research Act, 1996
25. Regulations
(1) The Board may with the approval of the Minister make Regulations for the pur
pose of giving effect to this Act. (2) The Board may in particular make Regulations
(a) to regulate the selection, grading, appointment, promotions, conditions of
service, termination of appointment and retirement benefits of the employ
ees of the Council; and
(b) to amend the Schedule. (3) The Regulations shall be issued under the signature of the chairman or the person
for the time being acting as chairman. 26. Exemptions from tax and rates
The Council shall be exempt from the payment of Income Tax imposed under the pro
visions of the Internal Revenue Act, 2000 (Act 592) and from any rates. 27. Staff or other employees of former Council . All persons employed by the former Council immediately before the coming into
force of this Act shall, on the coming into force of this Act be deemed to have been duly
appointed as employees of the Council. 28.

e the coming into
force of this Act shall, on the coming into force of this Act be deemed to have been duly
appointed as employees of the Council. 28.

Ministerial responsibility and directives
The Minister responsible for Environment, Science and Technology shall have ministe
rial responsibility for the Council and may give to the Council directives of a general nature
regarding the policy to be followed by the Council in the performance of its functions. 29. Interpretation
In this Act, unless the context otherwise requires,
“Board” means the governing body of the Council;
“Council” means the Council for Scientific and Industrial Research established by
section 1;
“Minister” means the Minister responsible for Environment, Science and
Technology;
“ Regulations” means the Regulations made under this Act;
“scientific research” includes social sciences research. 30. Dissolution, repeal and vesting
(1) The Council for Scientific and Industrial Research Decree, 1968 (N.L.C.D. 293),
Council for Scientific and Industrial Research (Amendment) Decree, 1969
(N.L.C.D. 329) and the Council for Scientific and Industrial Research (Amendment) De
cree, 1976 (S.M.C.D. 66) are hereby repealed by this Act and accordingly the Council
established under that Decree is dissolved. ill-1259 [Issue 1]

De
cree, 1976 (S.M.C.D. 66) are hereby repealed by this Act and accordingly the Council
established under that Decree is dissolved. ill-1259 [Issue 1]

ACT 521
Council for Scientific and Industrial Research Act, 1996
(2) Despite the repeal of the enactments specified in subsection (1) of this section, the
Regulations or any other statutory instrument made under those enactments and in force
immediately before the coming into force of this Act shall be deemed to have been made
under the corresponding provisions of this Act.
(3) The rights, assets, properties, obligations and liabilities held for or on behalf of
the dissolved Council for Scientific and Industrial Research and all persons employed for
or by the dissolved Council are by this section transferred to the Council under this Act.
SCHEDULE
[Section 16 (2)]
(a) Animal Research Institute;
(b) Building and Road Research Institute;
(c) Crops Research Institute;
(d) Food Research Institute;
(e) Forestry Research Institute of Ghana;
(f) Institute of Industrial Research;
(g) Water Research Institute;
(A) Institute for Scientific and Technological Information;
(i) Plant Genetic Resources Centre;
() Oil Palm Research Institute.
[Issue 1] III -1260