Ghana Education Service Act, 1995 Act 506

ACT 506
REPUBLIC OF GHANA
GHANA EDUCATION SERVICE ACT, 1995 (ACT 506)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF THE GHANA EDUCATION SERVICE
1. Establishment of Ghana Education Service
2. Membership of the Service
3. Functions of the Service
4. Government body of the Service
5. Functions of the Council
6. Tenure of office of members of the Council
7. Allowances for members
8. Meetings of the Council
9. Committees of the Council
10. Minister to give directives
PART II—ADMINISTRATION
11. Organisation of the Service
12. Director-General and his functions
13. Deputy Directors-General
14. Appointment of other staff of the Service
15. Secretary to the Council
16. Organisations of employees of the Service
17. Employment of registered teachers

intment of other staff of the Service
15. Secretary to the Council
16. Organisations of employees of the Service
17. Employment of registered teachers

18. Registration of teachers
19. Disciplinary proceedings
20. Employment of unregistered teachers
PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
21. Funds, expenses of the Service
22. Accounts and audits
23. Annual report and other reports
24. Regulations
25. Transfer of assets and liabilities
26. Interpretation
27. Repeals and savings
THE FIVE HUNDRED AND SIXTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE GHANA EDUCATION SERVICE ACT, 1995
AN ACT to consolidate with amendments the law relating to the establishment of the Ghana
Education Service and to provide for related matters. DATE OF ASSENT: 31ST AUGUST, 1995
BE IT ENACTED by Parliament as follows—
PART I—ESTABLISHMENT OF THE GHANA EDUCATION SERVICE
Section 1—Establishment of Ghana Education Service. There is established by this Act the Ghana Education Service referred to in this Act as "the
Service". Section 2—Membership of the Service.

n Service. There is established by this Act the Ghana Education Service referred to in this Act as "the
Service". Section 2—Membership of the Service.

The Service shall be made up of—
(a) the personnel of the Ghana Education Service existing immediately before the coming
into force of this Act;
(b) teachers and non-teaching supporting personnel in pre-tertiary educational institutions in
the public system;
(c) managers of educational units and their supporting staff;

hing supporting personnel in pre-tertiary educational institutions in
the public system;
(c) managers of educational units and their supporting staff;

(d) persons holding posts created as Ghana Education Service posts by or under any
enactment; and
(e) other persons that may be employed for the Service. Section 3—Functions of the Service. (1) The Service shall be responsible for the implementation of approved national policies and
programmes relating to pre-tertiary education. (2) Without prejudice to subsection (1) of this section it shall be the duty of the Service—
(a) to provide and oversee basic education, senior secondary education, technical education
and special education;
(b) to register, supervise and inspect private pre-tertiary educational institutions;
(c) to submit to the Minister recommendations for educational policies and programmes;
(d) to promote the efficiency and the full development of talents among its members;
(e) to register teachers and keep an up-to-date register of all teachers in the public system;
(f) to carry out such other functions as are incidental to the attainment of the functions
specified above; and
(g) to maintain professional standards and the conduct of its personnel. Section 4—Governing Body of the Service.

f the functions
specified above; and
(g) to maintain professional standards and the conduct of its personnel. Section 4—Governing Body of the Service.

(1) There is established by this Act a governing body for the Service which shall be known as
Ghana Education Service Council referred to in this Act as "the Council”. (2) The Council shall consist of—
(a) a chairman who shall be a person with extensive academic and administrative experience;
(b) one representative of the Public Services Commission not below the rank of director;
(c) two distinguished educationists one of whom shall be a woman;
(d) two eminent citizens, one of whom shall be a woman;
(e) two representatives of the christian group made up of the Christian Council, the National
Catholic Secretariat and the Ghana Pentecostal Council;
(f) one representative of the Federation of Muslim Councils and Ahmadiyya Mission;
(g) one member of the Ghana National Association of Teachers;
(h) one member of the Teachers and Educational Workers Union;
(i) one member of the National Council for Tertiary Education;
(j) one representative of the Association of Proprietors of Private Educational Institutions;
(k) the Chief Director of the Ministry of Education; and

(j) one representative of the Association of Proprietors of Private Educational Institutions;
(k) the Chief Director of the Ministry of Education; and

(l) the Director-General of the Service. (3) The members of the Council shall be appointed by the President in consultation with the
Council of State. Section 5—Functions of the Council. The Council shall have general control over the management of the Service and shall—
(a) ensure the implementation of the function of the Service;
(b) submit to the Minister recommendations for pre-tertiary educational policies and
programmes;
(c) promote collaboration between the Ministry of Education and the Service; and
(d) advise the Minister on such matters as the Minister may request. Section 6—Tenure of Office of Members of the Council
(1) The members of the Council other than the ex-officio members shall hold office for three
years and shall on the expiration of that period be eligible for re-appointment. (2) Any member of the Council other than an ex-officio member may resign his office in
writing addressed to the President through the Minister.

tment. (2) Any member of the Council other than an ex-officio member may resign his 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 becomes vacant
before the expiration of his term of office or by his death, the Minister shall notify the
President of the occurrence of the event and the President shall, acting in consultation with
the Council of State appoint another person in his place to hold office for the unexpired
portion of his term of office. (4) Where it appears to the President on the recommendation of the Minister that any member
of the Council is incapacitated by absence from Ghana or illness or any other sufficient cause
from performing the duties of his office the president shall appoint another person to hold
office in his place 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 first occurs. (5) A member of the Council who is absent from three consecutive meetings of the Council
without sufficient cause shall cease to be a member. Section 7—Allowances for Members.

il who is absent from three consecutive meetings of the Council
without sufficient cause shall cease to be a member. Section 7—Allowances for Members.

Members of the Council, co-opted members and members of committees of the Council shall
be paid such allowances as shall be determined by the Minister in consultation with the
Minister for Finance. Section 8—Meetings of the Council. (1) The Council shall meet for the despatch of business at such times and in such places as
the Chairman may determine but shall meet at least once in every month. (2) The Chairman shall upon the request of not less than one-third of the membership
convene a special meeting of the Council.

st once in every month. (2) The Chairman 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 and shall include
the Director-General or the person acting in that capacity. (4) Every meeting of the Council shall be presided over by the Chairman and in his absence
by a member of the Council elected by the members present from among their number. (5) Questions before the Council shall be decided by a simple majority of members present
and voting. (6) The Council may co-opt any person to act as an adviser at its meetings but no co-opted
person is entitled to vote at the meeting. (7) 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. (8) Any member of the Council who has an interest in a contract or other transaction
proposed to be entered into with the Service shall disclose in writing to the Council the nature
of his interest and shall be disqualified from participating in any deliberations of the Council
in respect of the contract or other transaction. (9) A member of the Council who infringes subsection (8) of this section shall be liable to be
removed from the Council.

ontract or other transaction. (9) A member of the Council who infringes subsection (8) of this section shall be liable to be
removed from the Council.

(10) The Secretary to the Council shall submit to the Minister a copy of the approved minutes
after each meeting. (11) Except as otherwise expressly provided for under this Act, the Council shall determine
and regulate the procedure for its meetings. Section 9—Committees of the Council. (1) The Council may for the discharge of its functions appoint committees comprising
members of the Council or non-members or both and may assign to these committees such
functions of the Council as it may determine.

mittees comprising
members of the Council or non-members or both and may assign to these committees such
functions of the Council as it may determine.

(2) Without prejudice to subsection (1) of this section, the Council shall appoint in every
district a District Education Oversight Committee composed of the following members—
(a) the District Chief Executive, who shall be the Chairman;
(b) the District Director of Education;
(c) the District Director of Health;
(d) the District Inspector of Schools;
(e) the District Social Welfare officer;
(f) two representatives of the District Assembly nominated by the Assembly of whom shall
be a woman;
(g) one representative of traditional rulers in the District;
(h) one representative each of the Christian and Muslim groups;
(i) one representative of the Ghana National Association of Teachers (GNAT) in the District;

e representative each of the Christian and Muslim groups;
(i) one representative of the Ghana National Association of Teachers (GNAT) in the District;

(j) one representative of the District Parent/Teachers’ Association (PTA); and
(k) one woman identified generally with social development in the district. (3) A District Education Oversight Committee shall, in the relevant district and subject to the
directives of the Council, be concerned with and oversee—
(a) conditions of school buildings and other infrastructural requirements of the schools;
(b) the provision of teachers and the regular and punctual attendance of teachers and pupils at
the schools;
(c) the proper performance of duties by staff at the schools;
(d) the moral behaviour of staff and pupils and matters relating to general discipline;
(e) complaints relating to or from teachers, non-teaching staff and pupils;
(f) the environmental cleanliness of schools and facilities therein; and
(g) the supply of textbooks and other teaching and learning materials. (4) The Council shall also appoint the following committees the—
(a) Appointments and Promotions Committee;
(b) Disciplinary Committee;
(c) Administration and Finance Committee;
(d) Education Planning and Research Committee; and
(e) Monitoring and Evaluation Committee.

inary Committee;
(c) Administration and Finance Committee;
(d) Education Planning and Research Committee; and
(e) Monitoring and Evaluation Committee.

(5) Subject to this Act, the Council shall determine the membership and functions of a
committee appointed under this section. Section 10—Minister to give Directives. The Minister may issue directives in writing to the Council on matters of policy and the
Council shall comply with the directives. PART II—ADMINISTRATION
Section 11—Organisation of the Service. The Council may with the approval of the Minister create such units or divisions in the
Service as it may consider necessary for the efficient discharge of the functions of the
Service. Section 12—Director-General and his Functions. (1) There shall be appointed by the President in accordance with the advice of the Council
given in Council given in consultation with the Public Services Commission, a Director
General of the Service who shall be the chief executive of the Service. (2) The Director-General shall hold office on such terms and conditions as shall be specified
in his letter of appointment.

executive of the Service. (2) The Director-General shall hold office on such terms and conditions as shall be specified
in his letter of appointment.

(3) Subject to such general directives as the Council may give, the Director-General shall be
responsible for the direction of the work of the Service and for the day-to-day administration
of the Service and shall ensure the implementation of the decisions of the Council. (4) The Director-General may delegate such of his duties as he may determine to any officer
of the Service but the Director-General shall not be relieved from ultimate responsibility for
the discharge of any delegated function. Section 13—Deputy Directors-General. (1) There shall be appointed by the President in accordance with the advice of the Council
given in consultation with the Public Services Commission two Deputy Directors-General for
the Service. (2) The Deputy Directors-General shall hold office on such terms and conditions as may be
specified in their letters of appointment. (3) The two Deputy Directors-General shall be responsible to the Director-General in the
performance of their functions under this Act.

f appointment. (3) The two Deputy Directors-General shall be responsible to the Director-General in the
performance of their functions under this Act.

(4) The Deputy Directors-General shall, subject to the provisions of this Act—
(a) assist the Director-General in the discharge of his functions and perform such other
functions as the Director-General may delegate to them; and
(b) be responsible for the direction of the Service when the Director-General is absent from
Ghana or is otherwise unable to perform his functions. Section 14—Appointment of Other Staff of the Service. (1) The Service shall have such other officers and employees as may be necessary for the
proper and effective performance of its functions. (2) The staff of the Service shall, subject to this Act perform such functions as the Director
General may assign to them. (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 he may determine
appoint the staff and employees 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.

(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 upon the
recommendation of the Director-General determine. Section 15—Secretary to the Council. (1) The Minister shall, acting in consultation with the Director-General, designate an officer
of the Service as 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.

cretary 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 Director-General in
consultation with the Council may assign to him and shall be assisted in the discharge of his
functions by such of the staff of the Services as the Council may on the recommendation of
the Director-General direct. (4) The Secretary shall in the discharge of his functions be under the administrative control
of the Director-General. Section 16—Organisations of Employees of the Service. (1) The organisations known as the Ghana National Association of Teachers and the Teachers
and Educational Workers Union of the Trades Union Congress are hereby recognised as
organisations formed to seek and promote in accordance with law the interest and welfare of
their members in the Service. (2) Subject to the Industrial Relations Act, 1965(Act 299) these organisations may make
representation to the Council on matters concerning the terms and conditions of service of its
members in the Service.

9) these organisations may make
representation to the Council on matters concerning the terms and conditions of service of its
members in the Service.

(3) Subject to subsection (4) of this section the Minister acting on the advice of the Council,
may on an application made to him by any of these organisations approve the deduction of
contributions from the emolument of any employee of the Service who is a member of these
organisations. (4) No contribution shall be deducted from the emolument of an employee of the Service who
is a member of these organisations without the consent in writing of the employee concerned
and the consent may be withdrawn by the employee after having given the organisation six
months notice in writing of his intention to withdraw his consent. Section 17—Employment of Registered Teachers. Subject to section 20 of this Act no person shall be employed as a teacher in a pre-tertiary
educational institution in the public system unless he has been registered as a teacher by the
Council. Section 18—Registration of Teachers. (1) The Council shall cause the Director-General to keep and maintain a register of teachers
referred to in this Act as "the Register" in which shall be recorded the particulars of any
person registered as a teacher under this Act.

of teachers
referred to in this Act as "the Register" in which shall be recorded the particulars of any
person registered as a teacher under this Act.

(2) A person wishing to be registered as a teacher shall submit for approval by the Director
General an application in the prescribed form. (3) A person shall not qualify to be registered as a teacher—
(a) if he does not possess at least the initial prescribed teacher training certificate or
equivalent qualification;
(b) if he has been disqualified from teaching on grounds of grave professional misconduct; or
(c) if within a period of six months immediately preceding the date of his application—
(i) he has been refused registration as a teacher; or

duct; or
(c) if within a period of six months immediately preceding the date of his application—
(i) he has been refused registration as a teacher; or

(ii) his registration as a teacher has been canceled. (4) Subject to subsection (2) of this section the Director-General may refuse to register any
person as a teacher —
(a) if he suffers from any mental disability likely to interfere with the practice of teaching; or
(b) if he has been convicted of any criminal offence of such nature as to render him in the
opinion of the Director-General not a proper person to be a teacher in any educational
institution; or
(c) if he has in an application for registration as a teacher made a statement or furnished
information which he knows to be false in any material particular. (5) A person aggrieved by the refusal of the Director-General to register him as a teacher
under this Act may appeal to the Council against the decision and the Council shall upon the
determination of the matter confirm, vary or rescind the decision of the Director-General. (6) Where a decision or of the Director-General is rescinded by the Council, it shall direct the
Director-General to register as a teacher the person affected by his decision. Section 19—Disciplinary Proceedings.

y the Council, it shall direct the
Director-General to register as a teacher the person affected by his decision. Section 19—Disciplinary Proceedings.

(1) The Disciplinary Committee provided under section 9 (4) shall examine disciplinary
matters that may be referred to it by the appointing authority. (2) Where any disciplinary proceeding is conducted by the Committee, the Committee shall
make its recommendations in writing to the Council. (3) The Council may in respect of any disciplinary matter advise the appointing authority
(unless the Council itself is the appointing authority) to take such disciplinary action as the
circumstances require. (4) Disciplinary action for the purposes of subsection (3) may where the member of the
Service is a registered teacher include the suspension of his registration for a period not
exceeding one year or the removal of his name from the Register. Section 20—Employment of Unregistered Teachers. (1) The appointing authority may subject to such conditions as shall be determined, authorise
the employment of persons not registered under this Act as teachers in pre-tertiary
educational institutions. (2) The provisions in subsection (3) (b) and (c) and subsection (4) of section 18 on
qualifications and conditions relating to registered teacher shall apply to the employment of
unregistered teachers.

d subsection (4) of section 18 on
qualifications and conditions relating to registered teacher shall apply to the employment of
unregistered teachers.

PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
Section 21—Funds, Expenses of the Service. The administrative expenses of the Service including salaries, operational and other
allowances, gratuities and pensions payable in respect of persons employed by the Service
shall be a charge on the Consolidated Fund.

tional and other
allowances, gratuities and pensions payable in respect of persons employed by the Service
shall be a charge on the Consolidated Fund.

Section 22—Accounts and Audits. (1) The Service shall keep books of account and records in relation to them and the account
books and records of the Service shall be in a form approved by the Auditor-General. (2) The accounts of the Service shall be audited by the Auditor-General within six months
after the end of each financial year. (3) The financial year of the Service shall be the same as the financial year of the
government. (4) The Director-General shall prepare budget estimates for each financial year and present
the estimates to the Council for its approval not later than two months before the end of the
financial year. Section 23—Annual Report and other Reports. (1) The Council 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 covering the
activities and the operations of the Service for the year to which the report relates. (2) The annual report submitted under subsection (1) shall include the report of the Auditor
General.

ervice for the year to which the report relates. (2) The annual report 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 such statement as he may consider necessary. (4) The Council shall also submit to the Minister such other reports as the Minister may in
writing require. Section 24—Regulations. (1) Subject to subsections (1) and (2) of this section the Council may in consultation with the
Minister by legislative instrument make such regulations as it considers expedient for the
purpose of giving effect to the provisions of this Act and for regulating any matter that falls
within the scope of the functions of the Service. (2) The appointing authority may make regulations providing for the terms and conditions of
service and the code of discipline of the members of the Service. (3) An instrument made under subsection (1) of this section shall be under the hand of the
Chairman of the Council and an instrument made under subsection (2) of this section shall,
where the appointing authority is the Council, be under the hand of the Chairman of the
Council. Section 25—Transfer of Assets and Liabilities.

shall,
where the appointing authority is the Council, be under the hand of the Chairman of the
Council. Section 25—Transfer of Assets and Liabilities.

(1) All assets, rights and properties in any manner held on behalf of or for the purposes of the
Ghana Education Service in existence immediately before the coming into force of this Act
are hereby transferred to the Service established under this Act. (2) All obligations and liabilities subsisting against the Ghana Education Service immediately
before the coming into force of this Act shall on the coming into force of this Act subsist
between the Service and that other party.

vice immediately
before the coming into force of this Act shall on the coming into force of this Act subsist
between the Service and that other party.

Section 26—Interpretation. In this Act unless the context otherwise requires—
"appointing authority" includes the Council, a committee of the Council or any public officer
to whom the power of appointment has been delegated by the President by virtue of article
195(2) of the Constitution;
"Christian and Muslim groups" means the Christian group (the National Catholic Secretariat,
the Christian Council and the Pentecostal Council) and the Federation of Muslim councils
and Ahmadiyya Mission;
"Council" means the Ghana Education Service Council established under section 4 of this
Act;
"Director-General" means the Director-General of the Ghana Education Service appointed
under section 12 of this Act;
"Minister" means the Minister responsible for Education;
"pre-tertiary education" means education below university, university college, polytechnic
and diploma award teacher training level;
"pre-tertiary educational institutions in the public system" means schools and institutions for
pre-tertiary education for which Government has direct responsibility in providing teachers,
teaching and learning material; and
"Register" means the Register of Teachers
Section 27—Repeals and Savings.

ct responsibility in providing teachers,
teaching and learning material; and
"Register" means the Register of Teachers
Section 27—Repeals and Savings.

(1) The following enactments are repealed—
Ghana Education Service Decree, 1974 (N.R.C.D. 247);
Ghana Education Service (No. 2) Decree, 1975 (N.R.C.D. 252);
Ghana Education Service (Amendment ) Decree, 1975 (N.R.C.D. 357); and
Ghana Education Service (Amendment ) Decree, 1976 (S.M.C.D. 63). (2) Notwithstanding the repeal of the enactments specified in subsection (1) of this section—
(a) any regulations, bye-laws or other instruments made under any of these enactments and in
force immediately before the coming into force of this Act shall continue in force of this Act
shall continue in force until amended or revoked under this Act; and
(b) any appointments made under any of the repealed enactments and valid on the coming
into force of this Act shall remain valid as if made under the corresponding provision of this
Act until terminated or otherwise dealt with under this Act. Date of Gazette Notification: 8th December 1995