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Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983)

From The Legal and Regulatory Framework of Ghana

ARRANGEMENT OF SECTIONS

1. Enactments specified in the Schedule
2. Transfer of power
3. Determination of fees and charges
4. Audit of expenditures and revenues of a Ministry, Department or Agency
5. Regulations
6. Interpretation
7. Repeal and savings

SCHEDULE

PURPOSE

AN ACT to provide for the regulation of fees and charges and for related matters.

DATE OF ASSENT

28th December, 2018.

ACT

1. Enactments specified in the Schedule

For an enactment specified in the second column of the Schedule, there shall be prescribed by Regulations, fees and charges for the Ministry, Department or Agency specified in the third column of the Schedule.


2. Transfer of Power

(1) The authority conferred under an enactment set out in the second column of the Schedule to determine fees and charges or any other enactment is transferred to the Minister responsible for Finance and accordingly those enactments are amended.

(2) Where in any enactment, power is conferred on an authority to determine fees and charges for its services the fee or charge shall be determined in accordance with this Act.


3. Determination of fees and charges

(1) A Ministry, Department or Agency entitled to charge a fee or levy a charge shall review annually the administrative efficiency of collection, the accuracy of past estimates and the relevance of fees and charges to current economic conditions.

(2) A Ministry, Department or Agency, in submitting proposals for fees and charges to the Minister, shall provide

(a) justification for the proposal; and :
(b) details of the costing and pricing considerations that formed the basis for the proposed fees and charges.

(3) The Minister shall, on receipt of proposals from a Ministry, Department or Agency, determine the fees and charges of the Ministry, Department or Agency on the basis of the overall Government policy.


4. Audit of expenditure and revenues of a Ministry, Department or Agency

The Minister, may for the purpose of reviewing a fee or charge, cause an audit of the expenditure and revenue of a Ministry, Department or Agency which requests for a review of fees or charges.


5. Regulations

The Minister may, by legislative instrument, make Regulations to

(a) amend the Schedule to this Act to include or exclude a Ministry, Department or Agency from the list of Ministries, Departments and Agencies specified in the third column of the Schedule,'
(b) prescribe and review the fees and charges levied by a Ministry, Department or Agency listed in the Schedule; and
(c) provide generally for the effective implementation of this Act.


6. Interpretation

In this Act, unless the context otherwise requires,

"enactment" includes the enactments specified in the Schedule;
"fees or charges" include rates or any moneys charged or levied under any enactment;
"Minister" means the Minister responsible for Finance; and
"Ministry" means the Ministry of Finance.


7. Repeats and savings

(1) The Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793) is repealed.

(2) Despite the repeal of Act 793, Regulations by laws, notices, orders, directions or any other act made or done under the repealed enactment and in force immediately before the coming into force of this Act are deemed to be made under this Act and shall remain in effect until revoked or cancelled.


SCHEDULE (sections 1, 2(1) and 5)

36. Ghana Institute of Management and Public Administration Act, 2004 (Act 676) Ghana Institute of Management and Public Administration 37. Ghana Investment Promotion Centre Act, 2013 (Act 865) Ghana Investment Promotion Centre 38. Ghana Library Board Act, 1970 (Act 327) Ghana Library Board 39. Ghana Maritime Authority Act, 2002 (Act 630) Ghana Maritime Authority 40. Ghana Meteorological Agency Act, 2004 (Act 682) Ghana Meteorological Agency 41. Ghana National Fire Service Act, 1997 (Act 537) Ghana National Fire Service 42. Ghana National Service Scheme Act, 1980 (Act 426) National Service Secretariat 43. Ghana National Theatre Act, 1991- (PNDCL 259) Abibigroma Theatre Company National Theatre of Ghana National Symphony Orchestra 44. Ghana Revenue Authority Act, 2009 (Act 791) Ghana Revenue Authority 45. Ghana Shipping Act, 2003 (Act 645) Ghana Shippers Authority 46. Grains Development Board Act 1970 (Act 324) Grains Development Board 47. Health Institutions and Facilities Act, 2011 (Act 829) Health Facilities Regulatory Agency 48. Health Professions Regulatory Bodies Act, 2013 (Act 857) Allied Health Professional Council Ghana College of Nurses and Midwives Ghana College of Pharmacists Ghana College of Physicians and Surgeons Medical and Dental Council Pharmacy Council Psychological Council 49. Immigration Service Act, 2016 (Act 908) Immigration Service 50. Insurance Act, 2006 (Act 724) National Insurance Commission 51. Kwame Nkrumah University of Science and Technology, Kumasi Act, 1961 (Act 80) Kwame Nkrumah University of Science and Technology 52. Labour Act, 2003 (Act 651) Labour Commission 53. Lands Commission Act, 2008 (Act 767) Lands Commission 54. Legal Aid Scheme Act, 1997 (Act 542) Office of Legal Aid Scheme 55. Legal Profession Act, 1960 (Act 32) General Legal Council (Ghana School of Law) 56. Marriages Act, 1884 - 1885 (CAP 127) Registrar-General's Department 57. Mental Health Act, 2012 (Act 846) Accra Psychiatric Hospital Ankaful Hospital Pantang Hospital 58. Minerals and Mining Act, 2006 (Act 703) Minerals Commission Office of the Administrator of Stool Lands 59 Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDCL 236) Narcotics Control Board 60. National Accreditation Board Act, 2007 (Act 744) National Accreditation Board 61. National Board for Professional and Technician Examinations Act, 1994 (Act 492) National Board for Professional and Technician Examinations 62. National Board for Small-Scale Industries Act, 1981 (Act 434) National Board for Small Scale Industries 63. National Commission on Culture Act, 1990 (PNDCL 238) Centres for National Culture Bureau of Ghana Language National Commission on Culture W.E.B Du Bois Memorial Centre 64. National Communications Authority Act, 2008 (Act 769) National Communications Authority 65. National Film and Television Institute Act, 1978 (SMCD 151) National Film and Television Institute 66. National Identification Authority Act, 2006 (Act 707) National Identification Authority 67. National Information Technology Agency Act, 2008 (Act 771) National Information Technology Agency 68. National Museum Act, 1969 (N.L.C.387) Ghana Museums & Monuments Board Kwame Nkrumah Memorial Park 69. National Pensions Act, 2008 (Act 766)· National Pensions Regulatory Authority 70. National Petroleum Authority Act, 2005 (Act 691) National Petroleum Authority 71. National Premix Fuel Committee Regulations, 2016 (L.I. 2233) National Premix Fuel Secretariat 72. National Vocational Training Act, 1970 (Act 351) National Vocational Training Institute 73. Nuclear Regulatory Authority Act, 2015 (Act 895) Nuclear Regulatory Authority 74. Passport and Travel Certificate Act, 1967 (N.L.C.D. 155) Ministry of Foreign Affairs and Regional Integration 75. Petroleum Commission Act, 2011 (Act 821) Petroleum Commission (Fees and Charges) Regulations, 2015 (L.I. 2221) Petroleum Commission 76. Plant and Fertiliser Act, 2010 (Act 803) Plant Protection and Regulatory Service Directorate 77. Police. (Private Security Organisation) Regulations, 1992 (L.I. 1571) Ministry of the Interior 78. Police Service Act, 1970 (Act 350) Criminal Investigations Department Police Service (Administration) 79. Polytechnics Act, 2007 (Act 745) Bolgatanga Polytechnic 80. Postal and Courier Services Regulatory Commission Act, 2003 (Act 648) Postal and Courier Services Regulatory Commission 81. Presidential Office Act, 1993 (Act 463) Office of the Chief of Staff 82. Prisons Service Act, 1972 (NRCD 46) Ghana Prisons Service 83. Public Health Act, 2012 (Act 851) Food and Drugs Authority 84. Public Procurement Act, 2003 (Act 633) Public Procurement (Amendment) Act, 2016 (Act 914) Public Procurement Authority 85. Public Records and Archives Administration Act, 1997 (Act 535) Public Records and Archives Administration Department 86. Public Servants (Housing Loans Scheme) Act, 1975 (NRCD 319) Public Servants Housing Loans Scheme Board 87. Public Services Commission Act, 1994 (Act 482) Public Services Commission 88. Railways Act, 2008 (Act 779) Ghana Railway Development Authority 89. Registration of Births and Deaths Act, 1965 (Act 301) Births and Deaths Registry 90. Registration of Business Names Act, 1962. (Act 151) Registrar-General's Department 91. Rent Act, 1963 (Act 220) Rent Control Department 92. Road Fund Act, 1997 (Act 536) Road Fund Secretariat 93. Road Traffic Regulations, 2012 (L.I 2180) National Road Safety Commission Driver Vehicle Licensing Authority 94. Securities Industry Act, 2016 (Act 929) Securities and Exchange Commission 95. Specialist Health Training and Plant Medicine Research Act, 2011 (Act 833) Centre for Scientific Research into Plant Medicine Nursing and Midwifery Council of Ghana 96. Sports Act, 2016 (934) Sports Authority 97. Standards Authority Act, 1973 (N.R.CD. 175) Standards Authority 98. Statistical Service Act .1985 (PNDCL 135) Statistical Service 99. Survey Act. 1962 (Act 127) Geological Survey Department 100. Technical Universities Act, 2016 (Act 922) Accra Technical University Cape Coast Technical University Ho Technical University Koforidua Technical University Kumasi Technical University Sunyani Technical University Takoradi Technical University Tamale Technical University Wa Technical University 101. Tourism Act, 2011 (Act 817), Accommodation and Catering Enterprises Regulation, 1979 (L.I. 1205) Ghana Tourism Authority Hotel, Catering and Tourism Training Institute 102. Traditional Medicine Practice Act, 2000 (Act 575) Traditional Medicine Practice Council 103. University of Cape Coast Act, 1992 (PNDCl278) University of Cape Coast 104. University for Development Studies Act, 1992 (PNDCl 279) University for Development Studies 105. University of Education Act, 2004 (Act 672) University of Education, Winneba 106. University of Energy and Natural Resources Act, 2011 (Act 830) University of Energy and Natural Resources 107. University of Environment and Sustainable Development Act, 2015 (Act 898) University of Environment and Sustainable Development 108. University of Ghana Act, 2010 (Act 806) University of Ghana 109. University of Health and Allied Sciences Act, 2011 (Act 828) University of Health and Allied Sciences 110 University of Mines and Technology Act, 2004 (Act 677) University of Mines and Technology 111. University of Professional Studies Act, 2012 (Act 850) University of Professional Studies 112. Water Resources Commission Act, 1996 (Act 522) Water Use Requlations, 2001 (L.I. 1692) Water Resources Commission
No. ENACTMENT MINISTRY, DEPARTMENT OR AGENCY
1. Arms and Ammunition Act, 1972 (NRCD 9) Ministry of the Interior
2. Atomic Energy Commission Act, 2000 (Act 588) Ghana Atomic Energy Commission
3. Biosafety Act, 2011 (Act 831) National Biosafety Authority
4. Chartered Institute of Taxation Act, 2016 (Act 916) Chartered Institute of Taxation (Ghana)
5. Children's Act, 1998 (Act 560) Department of Social Welfare
6. Citizenship Act, 2000 (Act 591) Immigration Service
7. Civil Service Act, 1993 (PNDCL 327) 37 Military Hospital (Ministry of Defence)
Biomedical Unit (Ministry of Health)
Blood Bank Unit (Ministry of Health)
Capital Investment Management Unit (Ministry of Health)
National Cardiothoracic Centre (Ministry of Health)
St. John Ambulance Brigade (Ministry of Health)
Radiology Department (Ministry of Health)
Centre for National Distance Learning and Open Schooling (Ministry of Education)
National Nuclear Research Institute (Ministry of Environment, Science and Technology)
Controller and Accountant-General's Department (Ministry of Finance)
Institute of Accountancy Training (Ministry of Finance)
Department of Co-operatives Opportunities Industrialisation Centre (Ministry of Employment and Labour Relations)
Department of Feeder Roads (Ministry of Works and Housing)
Department of Public Housing Loan Scheme Board (Ministry of Works and Housing)
Department of Rural Housing (Ministry of Works and Housing)
Department of Urban Roads (Ministry of Works and Housing)
Hydrological Services Department (Ministry of Works and Housing)
Ghana-Kofi Annan Centre of Excellence in Information Communication Technology (Ministry of Communication)
Government Technical Training Centre (Ministry of Transport)
Gratis Foundation (Ministry of Trade and Industry)
Hotel, Catering and Tourism Training Institute (Ministry of Tourism, Culture and Creative Arts)
Human Resources Development and Management Directorate (Ministry of Food and Agriculture)
Police Hospital (Ministry of the Interior)
Animal Production Department (Ministry of Food and Agriculture)
Veterinary Services Department (Ministry of Food and Agriculture)
Institute of Technical Supervision (Office of the Head of Civil Service)
Management Service Division (Office of the Head of Civil Service)
Ghana Book Development Council (Ministry of Education)
8. Civil Service (Ministries) Instrument, 2017 (E.I. 28) Ministry of Finance Ministry of National Security
Ministry of Trade and Industry
Ministry of Education
Ministry of Agriculture
Ministry of Monitoring and Evaluation
Ministry of Energy
Ministry of Regional Reorganisation and Development
Ministry of Health
Ministry of Employment and Labour Relations
Ministry of Railways Development
Ministry of Tourism, Arts and Culture
Ministry of Foreign Affairs and Regional lntegration
Office of the Attorney-General and Ministry of Justice
Ministry of Transport
Ministry of Special Development Initiatives
Ministry of Defence
Ministry of the Interior
Ministry of Sanitation and Water Resources
Ministry of Lands and Natural Resources
Ministry of Parliamentary Affairs
Ministry of Environment, Science, Technology and Innovation
Ministry of Local Government and Rural Development
Ministry of Gender, Children and Social Protection
Ministry of Communications
Ministry of Works and Housing
Ministry of Roads and Highways
Ministry of Youth and Sports
Ministry of Information
Ministry of Chieftaincy and Religious Affairs
Ministry of Fisheries and Aquaculture
Ministry of Business Development
Ministry of Inner-City and Zongo Development
Ministry of Aviation
Ministry of Planning
9. Colleges of Education Act, 2012 (Act 847) Colleges of Education
10. Companies Act, 1963 (Act 179) Registrar-General's Department
11. Consular Fees Act, 1964 (Act 231) Immigration Service
12. Copyright Act, 2005 (Act 690) Copyright Office
National Folklore Board
13. Council for Law Reporting Act, 1972 (NRCD 64) Council for Law Reporting
14. Council for Scientific and Industrial Research Act, 1996 (Act 521) Council for Scientific and Industrial Research
15. Council for Technical and Vocational Education Training, 2012 (L.I. 2195) Council for Technical and Vocational Education Training
16. Data Protection Act, 2012 (Act 843) Data Protection Commission
17. Driver and Vehicle Licensing Authority Act, 1999 (Act 569) Driver and Vehicle Licensing Authority
18. Education Act, 2008 (Act 778) National Teaching Council
19. Electoral Commission Act, 1993 (Act 451) Electoral Commission
20. Electronic Communications Act, 2008 (Act 775) National Communications Authority
21. Energy Commission Act, 1997 (Act 541) Energy Commission
22. Engineering Council Act, 2011 (Act 819) Engineering Council
23. Environmental Protection Agency Act, 1994 (Act 490)
Environmental Assessment Regulations, 1999 (L,I. 1652)
Hazardous and Electronic Waste Control and Management Act, 2016 (Act 917)
Environmental Protection Agency
24. Factories, Offices and Shops Act, 1970 (Act 328) Department of Factories Inspectorate
25. Fisheries Act, 2002 (Act 625) Fisheries Commission
26. Forestry Commission Act, 1999 (Act 571) Wildlife Division, Forestry Commission Timber Industry Development Division
27. Free Zone Act, 1995 (Act 504) Ghana Free Zones Board
28. Gaming Act, 2006 (Act 721) Gaming Commission
29. Ghana Broadcasting Corporation Act, 1968 (NLCD 226) Ghana Broadcasting Corporation
30. Ghana Civil Aviation Act, 2004 (Act 678) Ghana Civil Aviation Authority
31. Ghana Export Promotion Authority Act, 1969 (Act 396) Ghana Export Promotion Authority
32. Ghana Health Service and Teaching Hospitals Act, 1996 (Act 525) Ghana Health Service
Komfo Anokye Teaching Hospital
Korle Bu Teaching Hospital

Tamale Teaching Hospital
Cape Coast Teaching Hospital

33. Ghana Highway Authority Act, 1997 (Act 540) Ghana Highway Authority
34. Ghana Institute of Journalism Act, 1974 (NRCD 275) Ghana Institute of Journalism
35. Ghana Institute of Languages Act, 1969 (NLCD 324) Ghana Institute of Languages