Sugar Industry Authority Act, 1981 Act 432 (Revised Edition)

ACT 432
Sugar Industry Authority Act, 1981
ACT 432
SUGAR INDUSTRY AUTHORITY ACT, 1981
ARRANGEMENT OF SECTIONS
SECTION
1. Establishment of the Authority. 2. Functions of the Authority. 3. Other functions of the Authority. 4. The governing body. 5. Appointments. 6. Qualifications and disqualifications of members. 7. Executive secretary and staff of the Authority. 8. Regulations of business. 9. Validity of proceedings. 10. Funds. 11. Accounts and audit. 12. Annual report. 13. Interpretation. 14. Repeal. ACT 432
SUGAR INDUSTRY AUTHORITY ACT, 1981'
AN ACT to provide for the establishment of the Sugar Industry Board and for
related matters. 1. Establishment of the Authority
There is established a body to be known as the Sugar Industry Authority. 2.

Industry Board and for
related matters. 1. Establishment of the Authority
There is established a body to be known as the Sugar Industry Authority. 2.

Functions of the Authority
The functions of the Authority are to monitor the sugar industry and to advise the
Government on
(a) the price to be paid to producers of sugar-cane, quality grading and the sys
tem of premiums and discounts to be adopted;
(b) the price to be paid to producers of sugar and its by-products;
(c) the importation of sugar-cane from other countries for propagating and
multiplication purposes;
(d) the import and export of sugar and the co-ordination of production and
distribution;
1. The Act was assented to on 28th May, 1981. VII —2201 [Issue 1]

the import and export of sugar and the co-ordination of production and
distribution;
1. The Act was assented to on 28th May, 1981. VII —2201 [Issue 1]

ACT 432
Sugar Industry Board Act, 1981
(e) the protection of the local industry by means of duties, levies, licensing and
any other necessary measures;
(f) the utilisation of by-products of sugar-cane; and
(g) any other matters affecting the sugar industry. 3.

censing and
any other necessary measures;
(f) the utilisation of by-products of sugar-cane; and
(g) any other matters affecting the sugar industry. 3.

Other functions of the Authority
Without prejudice to section 2 the Authority
(a) shall draw appropriate programmes for the rapid development and expan
sion of the local sugar industry, and review the progress of implementation
of the programmes;
(b) shall collect and analyse in collaboration with any other relevant agencies
of the Government of statistical data on the importation, local production,
distribution and consumption of sugar and related products in the Republic;
(c) shall promote and co-ordinate research activities into sugar-cane growing,
processing and marketing;
(d) shall promote, encourage and co-ordinate extension services to farmers
including training of sugar experts;
(e) shall promote the development of appropriate technologies suitable for the
production of sugar and related products in the Republic;
(f) shall provide management and business advisory services to the Sugar
Cane Planters Association and proprietors of sugar mills; and
(g) shall provide any other related services and perform any other functions
that the Government may assign to the Board. 4.

etors of sugar mills; and
(g) shall provide any other related services and perform any other functions
that the Government may assign to the Board. 4.

The governing body
The governing body of the Authority is a Board consisting of
(a) one representative of the Ministry responsible for Industries,
(b) one representative of the Ministry responsible for Agriculture,
(c) one representative of the Agricultural Development Bank,
(d) one representative of the Ghana Sugar Estates Limited, Accra,
(e) two representatives of the Ghana Sugar-cane Planters’ Association,
(f) one representative of the Crop Research Institute, and
(g) two other members. 5. Appointments
(1) The chairman and the other members of the Board shall be appointed in accordance
with article 70 of the Constitution. (2) The chairman of the Board shall be appointed from among the members specified
in section 4 and is eligible for re-appointment. (3) The other members of the Board, shall hold office on the terms and conditions de
termined by the President, and are eligible for re-appointment. [Issue ij VII — 2202

rs of the Board, shall hold office on the terms and conditions de
termined by the President, and are eligible for re-appointment. [Issue ij VII — 2202

ACT 432
Sugar Industry Authority Act, 1981
(4) The Board may co-opt a person as an adviser to attend a meeting of the Board. 6.

ACT 432
Sugar Industry Authority Act, 1981
(4) The Board may co-opt a person as an adviser to attend a meeting of the Board. 6.

Qualifications and disqualifications of members
(1) A person is not qualified to be a member of the Board if that person
(a) is not a citizen;
(b) is adjudged or otherwise declared
(i) a bankrupt under a law in force in the Republic and has not been
discharged;
(ii) to be of unsound mind; or
(c) is detained as a criminal lunatic under a law in force in the Republic; or
(d) is convicted
(i) for high crime under the Constitution or 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
(e) is found by the report of a commission or a committee of inquiry to be in
competent 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
office or wilfully acted in a manner prejudicial to the interests of the Re
public, and the findings have not been set aside on appeal or judicial
review; or
( is under sentence of death or any other sentence of imprisonment imposed
by a Court; or
(g) is otherwise disqualified by a law for the time being in force; or
(h) has had property 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.

fiscated 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.

(2) For the purpose of subsection (1) 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 commit
tee of inquiry or has been pardoned, that person is not disqualified to be a member of the
Council. (3) Without prejudice to subsection (1), a member shall cease to be a member if
(a) by notice in writing signed personally by the member, and addressed to the
President, the member resigns from office;
(b) the member is absent from three or more consecutive meetings of the Board
without sufficient reason;
(c) the member is removed by the President on grounds of stated misconduct; or
(d) in the case of a person possessed of professional qualifications, the member
is disqualified or suspended, otherwise than at the request of the member
from practising the member’s profession in the Republic by order of a
competent authority made in respect of that member personally. Vn — 2203 [Issue 1]

om practising the member’s profession in the Republic by order of a
competent authority made in respect of that member personally. Vn — 2203 [Issue 1]

ACT 432
Sugar Industry Board Act, 1981
1. Executive secretary and staff of the Authority
(1) The Authority shall have an executive secretary who shall be appointed by the
President in accordance with article 195 of the Constitution. (2) The executive secretary is the head of the secretariat of the Authority and shall
perform the functions determined by the Board. (3) The President shall determine the terms and conditions of employment of the ex
ecutive secretary. (4) The Authority shall, in accordance with article 195 of the Constitution, employ
any other persons the Authority reasonably requires for the efficient performance of its
functions, subject to the terms and conditions determined by the President. 8. Regulations of business
(1) The Board shall meet at least once in every three months for the dispatch of busi
ness at the time and place appointed by the chairman. (2) The chairman shall preside at meetings of the Board and in the absence of the
chairman a member chosen for that purpose by a majority of members present shall preside.

l preside at meetings of the Board and in the absence of the
chairman a member chosen for that purpose by a majority of members present shall preside.

(3) The chairman shall, on a request in writing brought by one third of members sum
mon a special meeting of the Board within fourteen days on the receipt of the request. (4) The quorum for a meeting of the Board is five. (5) Subject to subsections (1) and (2) the Board shall regulate its own procedure. 9. Validity of proceedings
The proceedings of the Board shall not be invalidated by reason of a vacancy in the
membership of the Board or by a defect in the appointment or qualification of a member. 10. Funds
(1) The funds of the Authority include
(a) the grants received from the Government by the Authority for the perform
ance of its functions,
(b) loans granted to the Authority by the Government,
(c) the moneys accruing to the Authority in the course of the performance of
its functions under this Act,
(d) gifts, and
(e) funds from any other source. (2) The sums of money received on account of the Authority may be paid into the
banks approved by the Board for the credit of the Authority’s general current or deposit
account, but that the Board may invest the moneys not required for cun-ent use. [Issue 1] VII — 2204

dit of the Authority’s general current or deposit
account, but that the Board may invest the moneys not required for cun-ent use. [Issue 1] VII — 2204

ACT 432
Sugar Industry Authority Act, 1981
11. Accounts and audit
(1) The Authority shall
(a) keep proper accounts and other records in relation to those accounts,
(b) prepare an annual statement of accounts in the form and containing the
particulars directed by the Auditor-General, or as may be required to satisfy
its undertakings or engagements. (2) The Auditor-General shall audit annually the accounts of the Authority, and shall
make a report on the accounts to the President. 12. Annual report
(1) The Board shall annually, not later than six months after the end of its financial
year, prepare and submit, through the Minister to the President a report on the activities
of the Authority during the preceding year. (2) The financial year of the Authority is the same as that of the Government. 13. Interpretation
In this Act, unless the context otherwise requires,
“Authority” means the Sugar Industry Authority established by section 1;
“Board” means the governing body of the Authority;
“citizen” means a citizen of Ghana;
“Minister” means the Minister responsible for industry. 14. Repeal
Spent?1
2. The section provided for the repeal of the Sugar Industy Board Decree, 1973 (N.R.C.D.

ans the Minister responsible for industry. 14. Repeal
Spent?1
2. The section provided for the repeal of the Sugar Industy Board Decree, 1973 (N.R.C.D.

232). VII — 2205 [Issue 1]