Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983)
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)
| 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 |
| 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 |
| 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 663) 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.C.D. 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 (PNDCL 278) | 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 |