Millennium Development Authority (Amendment) Act, 2015 Act 897

MILLENNIUM DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2015 (ACT
897)
ARRANGEMENT OF SECTIONS
Section
1. Long title of Act 702 amended
2. Section 2 of Act 702 amended
3. Section 3 of Act 702 amended
4. Section 7 of Act 702 amended
5. Section 8 of Act 702 amended
6. Section 9 of Act 702 amended
7. Section 16 of Act 702 amended
8. Section 19 of Act 702 amended
9. Section 19 A of Act 702 repealed
10. Section 20 of Act 702 amended
11. Section 20A of Act 702 repealed
12. Section 21 of Act 702 amended
13. Section 25 of Act 702 amended
14. Section 26 of Act 702 amended
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02 amended
11. Section 20A of Act 702 repealed
12. Section 21 of Act 702 amended
13. Section 25 of Act 702 amended
14. Section 26 of Act 702 amended
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ACT 897
REPUBLIC OF GHANA
THE EIGHT HUNDRED AND NINETY-SEVENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
MILLENNIUM DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2015
An Act to amend the Millennium Development Authority Act, 2006 (Act 702) to make
provision for national development programmes funded by the Government of Ghana,
Development Partners or by both and to provide, for related matters. DATE OF ASSENT: 26th October, 2015.

programmes funded by the Government of Ghana,
Development Partners or by both and to provide, for related matters. DATE OF ASSENT: 26th October, 2015.

PASSED by Parliament and assented to by the President:
Section 1—Long title of Act 702 amended
The Millennium Development Authority Act, 2006 (Act 702) referred to in this Act as the
“principal enactment” is amended by the substitution for the long title of
“AN ACT to establish the Millennium Development Authority to oversee, manage and
implement the Programmes under the Millennium Challenge Account for poverty reduction
through economic growth as set out in each agreement between the Government of Ghana
and the Millennium Challenge Corporation acting for and on behalf of the Government of the
United States of America and for any other national development programme of a similar
nature funded by the Government of Ghana, a Development Partner or both and to provide
for related matters.”
Section 2—Section 2 of Act 702 amended
Section 2 of the principal enactment is amended
(a) by the substitution for paragraph (a) of
“(a) to oversee and manage the implementation of the programmes under the Millennium
Challenge Account;”; and
(b) by the substitution for paragraph (b) of
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o oversee and manage the implementation of the programmes under the Millennium
Challenge Account;”; and
(b) by the substitution for paragraph (b) of
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“(b) to secure the proper and effective utilisation of funds granted to Ghana under each
Compact and any other relevant agreement”. Section 3—Section 3 of Act 702 amended
Section 3 of the principal enactment is amended
(a) by the substitution for paragraph (b) of
“(b) take the necessary steps to ensure the reduction of poverty through economic growth;”;
and
(b) by the substitution for paragraph (d) of
“(d) provide programmes and projects as determined by the Board within the terms of the
applicable agreement;”. Section 4—Section 7 of Act 702 amended
The principal enactment is amended by the substitution for section 7 of
7.

terms of the
applicable agreement;”. Section 4—Section 7 of Act 702 amended
The principal enactment is amended by the substitution for section 7 of
7.

“Governing body of the Authority
(1) The governing body of the Authority is a Board composed of the following members:
(a) not less than seven and not more than eleven voting members comprising
(i) a chairperson;
(ii) a Minister or a representative of the Minister each from a Ministry, Department or
Agency the functions of which are of direct relevance to the objectives and functions of the
Authority;
(iii) the chief executive;
(iv) one representative from the private sector elected by the Private Enterprise Foundation;
(v) one representative elected by relevant non-governmental organisations; and
(vi) one representative elected by the Association of Ghana Industries from the private sector;
and
(b) the following members without voting rights:
(i) the representative of the Millennium Challenge Corporation during the term of each
Compact or of the- relevant Development Partner; and
(ii) any other person appointed to the Board during the term of each Compact with the
agreement of the Government and the Millennium Challenge Corporation, or by the
Government of Ghana, a Development Partner or both.

h Compact with the
agreement of the Government and the Millennium Challenge Corporation, or by the
Government of Ghana, a Development Partner or both.

(3) The members of the Board shall be appointed by the President in accordance with article
70 of the Constitution. (4) A member of the Board without voting rights may attend and participate in meetings of
the Board. 3

accordance with article
70 of the Constitution. (4) A member of the Board without voting rights may attend and participate in meetings of
the Board. 3

Section 5—Section 8 of Act 702 amended
Section 8 of the principal enactment is amended in subsection (2)
(a) by the substitution for paragraph (b) of
“(b) review the quarterly performance of the Authority including statement of account of
moneys disbursed from the funds of the Authority;” ; and
(b) by the substitution for paragraph (c) of
“(c) ensure adequate accountability to the stakeholders in compliance with the terms of each
Compact and any other relevant agreement;”. Section 6—Section 9 of Act 702 amended
Section 9 of the principal enactment is amended by the substitution for subsection (1) of
“(1) The chairperson and the other voting members of the Board shall hold office for a term
of five years except that the representative from the private sector shall hold office for a
period of two and a half years and is eligible for re-appointment for one term only.”.

representative from the private sector shall hold office for a
period of two and a half years and is eligible for re-appointment for one term only.”.

Section 7—Section 16 of Act 702 amended
Section 16 of the principal enactment is amended
(a) by the substitution for paragraph (d) of
“(d) ensure that the procurement practices and processes are in compliance with each
Compact or any other relevant agreement with a Development Partner;”; and
(b) by the substitution for paragraph (e) of
“(e) collaborate with the Ministry of Finance to account for all funding in accordance with
the fiscal plan under each Compact or any other relevant agreement with a Development
Partner;”
Section 8—Section 19 of Act 702 amended
The principal enactment is amended by the substitution for section 19 of
19. “Funds of the Authority. (1) The funds of the Authority include
(a) moneys granted to the Government of Ghana under each Compact;
(b) grants, donations, gifts and any other voluntary contributions to the Authority;
(c) moneys that may become lawfully payable to the Authority; and
(d) any moneys that are approved by Parliament.

tary contributions to the Authority;
(c) moneys that may become lawfully payable to the Authority; and
(d) any moneys that are approved by Parliament.

(2) Subject to the funding rules under an agreement with a Development Partner, the Board
shall, with the approval of the Minister responsible for Finance, open a bank account into
which moneys received by the Authority shall be paid. 4

ard
shall, with the approval of the Minister responsible for Finance, open a bank account into
which moneys received by the Authority shall be paid. 4

(3) Parliament shall approve such moneys as may be required of the Government under each
Compact.”. Section 9—Section 19 A of Act 702 repealed
Section 19 A of the principal enactment is repealed. Section 10—Section 20 of Act 702 amended
The principal enactment is amended by the substitution for section 20 of
20. “Expenses of the Authority
The expenses for the administration and management of the Authority shall be paid from the
funds of the Authority during each Compact Term and after that from moneys approved by
Parliament.”. Section 11—Section 20A of Act 702 repealed
Section 20A of the principal enactment is repealed. Section 12—Section 21 of Act 702 amended
Section 21 of the principal enactment is amended by the substitution for subsection (1) of
“(1) The Board shall establish an accounting and internal audit mechanism that achieves a
transparent accountability of the funds of the Authority.”.

“(1) The Board shall establish an accounting and internal audit mechanism that achieves a
transparent accountability of the funds of the Authority.”.

Section 13—Section 25 of Act 702 amended
Section 25 of the principal enactment is amended in subsection (2)
(a) by the substitution for paragraph (f) of
“(f) matters on the management of infrastructure constructed under each Compact Term or
any other agreement with a Development Partner;”; and
(b) by the substitution for paragraph (g) of
“(g) for the provision of credits and grants from the funds of the Authority;”. Section 14—Section 26 of Act 702 amended
Section 26 of the principal enactment is amended (a) by the substitution for the definition of
“Compact Term” of
“ “Compact Term” means each five year period commencing from the date of entry of a
Compact unless earlier terminated under the Compact ,”;
(b) by the substitution for the definition of “Compact” of
“ “Compact” means each Millennium Challenge Compact made between the United States of
America, acting through the Millennium Challenge Corporation, a United States Corporation
and the Government of the Republic of Ghana;”; and
(c) by the deletion of the definitions of
(i) “Fund”;
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(ii) “intervention zone”;
(iii) "MCC"; and
(iv) “MCC Fund”.
Date of Gazette Notification: 27th October, 2015.
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