ACT 521

COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH ACT, 1996

ARRANGEMENT OF SECTIONS

Establishment of Council
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.
28. Ministerial responsibility and directives.
29. Interpretation.
30. Dissolution, repeal and vesting.
Schedule

ACT 521
COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH ACT, 19961(1)

AN ACT to re-establish the Council for Scientific and Industrial Research to promote, encourage
and regulate research and the application of science and technology 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 Contracts 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 management, utilisation
and conservation of the natural resources of the Republic 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;
(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 organisations 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 create, 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 administered 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 carried 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;
(l) 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 organisations, in particular
the Universities and the private sector on matters of research; 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,
(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 officio 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.
(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 business 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.
 (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. 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.
(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 organisations and individuals within
the relevant sector.
(4) The Board may create, reconstitute, merge or dissolve a Sectoral Research Co-ordinating
Committee.

10. Organisation of the Council

(1) 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 delegated 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.
(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 Committee 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 efficient performance of its functions.

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 purposes of subsection (1) research institutes, 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.
(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.
(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 responsible 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 present 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 covering the activities and
operations of the Council 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 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.

25. Regulations
(1) The Board may with the approval of the Minister make Regulations for the purpose 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 employees 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 provisions 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. Ministerial responsibility and directives

The Minister responsible for Environment, Science and Technology shall have ministerial
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) Decree, 1976 (S.M.C.D. 66) are hereby repealed by this
Act and accordingly the Council established under that Decree is dissolved.
(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;
(h) Institute for Scientific and Technological Information;
(i) Plant Genetic Resources Centre;
(j) Oil Palm Research Institute.
 Endnotes
1 (Popup - Footnote)
1. This Act was assented to on 26th November, 1996.