GHANAIAN ENTERPRISES DEVELOPMENT ACT, 1975

(1) There is hereby established a commission to be known as the Enterprises Development Commission. (2) The Commission is a body corporate, with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Commission may, for and in connection with the performance of its functions under this Act or any other enactment, purchase, hold, manage or dispose of movable or immovable property and may enter into contracts and transactions which may be expedient. (4) The application of the common seal of the Commission to a document shall be authenticated by the signature of the chief executive and two other members of the Board. (5) In the absence of the chief executive the person appointed to act under sub-section (4) of section 7 shall authenticate the document. (6) The signatures of the chief executive and the two other members of the Board shall be independent of the signature of any other person who is required or authorised to sign. (7) Subject to article 20 of the Constitution, where there is a hindrance to the acquisition by the Commission of a property the property may be acquired for the Commission under the State Property and Contracts Act, 1960 or under the State Lands Act, 1962 (Act 125) and that Act shall apply in relation to the acquisition with the modifications that are necessary to provide for the vesting of the property in the Commission and for the cost of the acquisition to be defrayed by the Commission.

(1) The governing body of the Commission is a Board consisting of (a) the chairman, (b) the chief executive of the Commission, (c) one representative of the Bank of Ghana not below the rank of Deputy Governor, (d) the executive chairman of the Capital Investments Board or the deputy chairman, (e) the Government Statistician or the Deputy Government Statistician, (f) the chairman of the Council for Scientific and Industrial Research, or the deputy chairman, (g) one representative of the Attorney-General’s Office not below the rank of Principal State Attorney, (h) one representative each not below the rank of Deputy Director of the Ministry responsible for Industries, the Ministry responsible for Trade, the Ministry responsible for Finance and the Ministry responsible for Economic Planning, (i) the Secretary-General of the Trades Union Congress or the representative of the Secretary-General, (j) one representative of the Ghana Co-operative Movement, (k) one representative of the Ghana Chamber of Commerce, (l) one representative of the Ghana Manufacturers, Association, (m) the director of the Management Development and Productivity Institute, or the deputy of the director, and (n) two prominent citizens in private business of whom one is a woman and the other a legal practitioner. (2) The members specified in paragraphs (a) to (h) inclusive and in paragraph (l) of subsection (1) are ex officio members. (3) The chairman and the other members shall be appointed by the President in accordance with article 70 of the Constitution. (4) A member, other than the chief executive and the ex officio members, shall hold office for a period not exceeding three years, and are eligible for re-appointment. (5) A member may resign from office by notice in writing addressed to the President and may be removed from office by the President for a just cause. (6) The Board may co-opt a person to act as an adviser at any of its meetings. (7) The chairman shall preside at the meetings of the Board and in the absence of the chairman a member appointed by the members present shall preside and where there is an equality of votes on a matter for decision by the Board the person presiding shall have a casting vote. (8) The Board shall meet at least once every two months. (9) Where a member, other than an ex officio member, fails to attend three consecutive meetings without reasonable cause that membership may be terminated without prejudice to the right of the organisation represented by that member of nominating a person to be appointed by the President to represent the organisation. (10) Omitted.2(2) (11) Five members, and the chief executive constitute a quorum for a meeting of the Board.3(3)