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Ghana Scholarships Authority Act, 2025 (Act 1149)

From The Legal and Regulatory Framework of Ghana

ARRANGEMENT OF SECTIONS

Ghana Scholarships Authority

1. Establishment of the Ghana Scholarships Authority
2. Objects of the Authority
3. Functions of the Authority

Governance of the Authority

4. Governing body of the Authority
5. Functions of the Board
6. Duties and liabilities of a member of the Board
7. Tenure of office of members of the Board
8. Meetings of the Board
9. Disclosure of interest
10. Establishment of committees
11. Allowances
12. Policy directives

Administrative Provisions

13. Appointment of Director-General
14. Functions of the Director-General
15. Appointment of Deputy Director-General
16. Functions of the Deputy Director-General
17. Secretary to the Board
18. Appointment of other staff
19. Internal Audit Unit

Financial provisions

20. Funds of the Authority
21. Bank account of the Authority
22. Expenses of the Authority
23. Accounts and audit
24. Annual report and other reports

Access to Scholarship

25. Eligibility criteria for award of scholarship
26. Application for scholarship
27. Consideration of application
28. Award of scholarship
29. Cancellation of scholarship

Miscellaneous Provisions

30. Collaboration with other relevant bodies
31. Refusal to return to the country after completion of programme
32. Regulations
33. Interpretation
34. Transitional provisions

LONG TITLE

AN ACT to establish the Ghana Scholarships Authority to regulate the administration and award of Government scholarships in a transparent and equitable manner and for related matters.

DATE OF ASSENT

2nd December, 2025.

ACT

Ghana Scholarships Authority

1. Establishment of the Ghana Scholarships Authority

(1) There is established by this Act, the Ghana Scholarships Authority as a body corporate.

(2) The Authority may, for the performance of the functions of the Authority, acquire and hold property, dispose of property and enter into a contract or any other related transaction.

(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority.


2. Objects of the Authority

The objects of the Authority are to

(a) regulate the administration and award of Government scholarships;
(b) provide authorisation for the approval of Government scholarships;
(c) develop transparent and equitable procedures for the award of Government scholarships; and
(d) decentralise the award of Government scholarships.


3. Functions of the Authority

To achieve the objects under section 2, the Authority shall

(a) award and administer Government scholarships to a person within the country or outside the country who is eligible for Government scholarship;
(b) develop and publish guidelines to ensure fairness and transparency in the award of Government scholarships;
(c) collaborate with the National Development Planning Commission to identify areas that are of priority for the development of human resource for the purpose of the award of Government scholarships;
(d) determine the disciplines that are critical to national development and award Government scholarships for the study of the disciplines, with special focus on the study of Science, Technology, Engineering and Mathematics;
(e) determine and implement the requirements for the award of Government scholarships;
(f) ensure gender equity in the award of Government scholarships;
(g) ensure that Government scholarships are awarded in accordance with the guidelines developed under this Act;
(h) ensure the publication of details of the applicants for and the beneficiaries of Government scholarships before and after the award of a Government scholarship;
(i) award foreign scholarships for a programme including skills upgrading that is
(i) not run in the country; or
(ii) a split-site programme;
(j) ensure effective and efficient decentralisation of the operations of the Authority to the districts and regions of the country; and
(k) perform any other function that is ancillary to the achievement of the objects of the Authority.


Governance of the Authority

4. Governing body of the Authority

(1) The governing body of the Authority is a Board consisting of

(a) a chairperson;
(b) one representative of the following Ministries not below the rank of a Director nominated by the respective Minister:
(i) Ministry responsible for Education;
(ii) Ministry responsible for Finance;
(iii) Ministry responsible for Labour, Jobs and Employment;
(iv) Ministry responsible for Youth Development and Empowerment;
(v) Ministry responsible for Foreign Affairs; and
(vi) Ministry responsible for Gender;
(c) one representative of the Attorney-General not below the rank of a Chief State Attorney nominated by the Attorney-General;
(d) one representative of the Association of Ghana Industries, nominated by Association of Ghana Industries:
(e) one representative of the Students Loan Trust Fund not below the rank of a Director, nominated by the governing body of the Students Loan Trust Fund;
(f) one representative of civil society in education nominated by the Minister;
(g) the Director-General; and
(h) two other persons nominated by the President, at least one of whom is a woman.

(2) The President shall, in accordance with article 70 of the Constitution, appoint the chairperson and other members of the Board.


5. Functions of the Board

The Board shall

(a) review and consider applications for Government scholarships;
(b) determine the eligibility criteria and terms for the award of Government scholarships;
(c) determine the terms of disbursement and maximum amounts to be disbursed;
(d) monitor the use of funds of the Authority;
(e) ensure accountability in the management of the funds of the Authority;
(j) approve policies and guidelines for the award of scholarships; and
(g) provide strategic direction to the Authority.


6. Duties and liabilities of a member of the Board

(1) A member of the Board has the same fiduciary relationship with the Authority and the same duty to act with loyalty and in good faith as a director of a company incorporated under the Companies Act, 2019 (Act 992).

(2) Without limiting subsection (1), a men1ber of the Board has a duty to

(a) act honestly and in the best interest of the Authority in the performance of the functions of that member;
(b) exercise the degree of care and diligence in the performance of the functions of that member that a person in that position would reasonably be expected to exercise in the circumstance; and
(c) avoid making use of information acquired by virtue of the position of the member so as to benefit that member or to the detriment of the Authority.

(3) A member of the Board who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units.

(4) Where a court determines that the Authority has suffered a loss or damage as a consequence of the act or omission of a member of the Board, the court may, in addition to the imposition of a fine, order the member of the Board convicted to pay appropriate compensation to the Authority.

(5) A member who is convicted of an offence under subsection (3), ceases to be a member of the Board.


7. Tenure of office of members of the Board

(1) A member of the Board shall hold office for a term of four years and is eligible for re-appointment for another term only.

(2) Subsection (1) does not apply to the Director-General.

(3) A member of the Board may, at any time, resign from office in writing addressed to the President through the Minister and copied to the chairperson of the Board or in the case of the resignation of the chairperson, copied to each member of the Board.

(4) A member of the Board, other than the Director-General, who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board.

(5) The President may, by letter addressed to a member, revoke the appointment of the member.

(6) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the liability of the member to act would result in the declaration of a vacancy.

(7) Where there is a vacancy

(a) as a result of the conviction under subsection (3) of section 6,
(b) under subsection (3), (4), (5) or subsection (2) of section 9,
(c) as a result of a declaration under subsection (6), or
(d) by reason of the death of a member,

the Minister shall notify the President of the vacancy and the President shall appoint another person to fill the vacancy for the unexpired term.


8. Meetings of the Board

(1) The Board shall meet at least once every three months for the conduct of business at a time and in a place determined by the chairperson.

(2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at a time and in a place determined by the chairperson.

(3) The quorum for a meeting of the Board is seven members.

(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among the number shall preside.

(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.

(6) The Board may co-opt a person to attend a meeting of the Board but that person shall not vote on a matter for decision at the meeting.

(7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.

(8) Subject to this section, the Board may determine the procedure for the meetings of the Board.


9. Disclosure of interest

(1) A member of the Board who has an interest in a matter for consideration

(a) shall disclose in writing the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and
(b) is disqualified from being present at or participating in the deliberations of the Board in respect of that matter.

(2) A member ceases to be a member of the Board if that member has an interest in a matter before the Board and

(a) fails to disclose that interest; or
(b) is present at or participates in the deliberations of the Board in respect of that matter.

(3) Without limiting any further cause of action that may be instituted against a member, the Board shall recover any benefit derived by a member who contravenes subsection (1) in addition to the revocation of the appointment of the member.


10. Establishment of committees

(1) The Board may establish co1nmittees consisting of members of the Board or non-members or both to perform a function of the Board.

(2) A committee composed of members and non-members of the Board shall be chaired by a member of the Board.

(3) The Board shall determine the composition and functions of the committees established by the Board.

(4) Without limiting subsection (1), the Board may establish the following committees:

(a) the Assessment Committee;
(b) the Monitoring and Evaluation Committee; and
(c) the Finance Committee.

(5) Section 9 applies to members of a committee of the Board.


11. Allowances

Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.


12. Policy directives

The Minister may give policy directives consistent with the object of this Act to the Board and the Board shall comply.


Administrative Provisions

13. Appointment of Director-General

(1) The President shall, in accordance with article 195 of the Constitution, appoint a Director-General for the Authority.

(2) The Director-General shall hold office on the terms and conditions specified in the letter of appointment.


14. Functions of the Director-General

(1) The Director-General is

(a) responsible for the day-to-day administration of the Authority; and
(b) answerable to the Board in the performance of the functions under this Act.

(2) The Director-General may delegate a function to an officer of the Authority but shall not be relieved of the ultimate responsibility for the performance of the delegated function.


15. Appointment of Deputy Director-General

(1) The President shall, in accordance with article 195 of the Constitution, appoint a Deputy Director-General for the Authority.

(2) The Deputy Director-General shall hold office on the terms and conditions specified in the letter of appointment.


16. Functions of the Deputy Director-General

The Deputy Director-General shall

(a) assist the Director-General in the performance of the functions of the Director-General; and
(b) perform any other function that the Director-General may assign.


17. Secretary to the Board

(1) The Board shall designate the head of the Legal Department as secretary to the Board.

(2) The secretary shall hold office on the terms and conditions specified in the letter of appointment.

(3) The secretary shall

(a) arrange the business of the Board;
(b) record and keep the minutes of the Board; and
(c) perform any other function that the Board may assign.


18. Appointment of other staff

(1) The President shall, in accordance with article 195 of the Constitution, appoint other staff of the Authority that are necessary for the efficient and effective performance of the functions of the Authority.

(2) Other public officers may be transferred or seconded to the Authority or may otherwise give assistance to the Authority.

(3) The Authority may, on the recommendation of the Board engage the services of consultants and advisers that are necessary for the efficient and effective performance of the functions of the Authority.


19. Internal Audit Unit

(1) The Authority shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921).

(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).

(3) The Internal Auditor is responsible for the internal audit of the Authority.

(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months

(a) prepare and submit to the Board, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and
(b) make recommendations in each report, with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Authority.

(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Director-General and the chairperson of the Board.


Financial Provisions

20. Funds of the Authority

The funds of the Authority include

(a) moneys approved by Parliament;
(b) a percentage of moneys approved by Parliament for scholarships in the Ghana Education Trust Fund Formula;
(c) internally generated funds;
(d) loans; and
(e) donations, grants, gifts and any other voluntary contribution made to the Authority.


21. Bank account of the Authority

The moneys for the Authority shall be paid into a bank account opened for the purpose by the Board with the approval of the Controller and Accountant-General.


22. Expenses of the Authority

The administrative expenses of the Authority shall be charged on the funds of the Authority.


23. Accounts and audit

(1) The Board shall keep books, records, returns and other documents relevant to the accounts in the form approved by the Auditor-General.

(2) The Board shall, at the end of each financial year, submit the accounts of the Authority to the Auditor-General for audit.

(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Minister and the Board.

(4) The financial year of the Authority is the same as the financial year of Government.


24. Annual report and other reports

(1) The Board shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Authority for the year to which the annual report relates.

(2) The annual report shall include the report of the Auditor-General.

(3) The Minister shall, within thirty days after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.

(4) The Board shall submit to the Minister any other report which the Minister may require in writing.


Access to Scholarship

25. Eligibility criteria for award of scholarship

(1) A person qualifies to apply for a scholarship under this Act if the person is

(a) a Ghanaian; and
(b) brilliant but needy.

(2) Despite subsection (1), the Authority may, for the purpose of improving international cooperation, grant a scholarship to a person who is a non-Ghanaian.


26. Application for scholarship

An application for scholarship under this Act shall be made to the Authority ,

(a) electronically; or
(b) manually.


27. Consideration of application

(1) In assessing an application for scholarship under section 26, consideration shall be given to,

(a) the academic excellence of the applicant;
(b) the financial need of the applicant;
(c) the leadership and extra-curricular involvement by the applicant;
(d) the special talent and skill of the applicant;
(e) the field of study and career goal of the applicant;
(f) a person with disability;
(g) letter of recommendation for the applicant; and
(h) the priorities of the donor institution.

(2) A scholarship awarded by the Authority shall be based on

(a) the merit of the applicant;
(b) the developmental needs of the country; or
(c) the need to improve international cooperation.


28. Award of scholarship

The Director-General shall, subject to the approval of the Board, award scholarships under this Act.


29. Cancellation of scholarship

A scholarship awarded under this Act shall be cancelled for the following reasons:

(a) poor academic performance;
(b) non-disclosure, misrepresentation or falsification of any information based on which the scholarship was awarded;
(c) a change in the status of enrolment;
(d) a breach of a term or a condition of the scholarship award, or
(e) misconduct by the beneficiary of the scholarship.


Miscellaneous Provisions

30. Collaboration with other relevant bodies

The Authority shall, in the performance of the functions under this Act, collaborate with other relevant bodies.


31. Refusal to return to the country after completion of programme

(1) A person who benefits from a scholarship under this Act to study outside the country shall, subject to the terms and conditions determined by the Authority, return to serve the country after completion of the programme of study.

(2) A person who contravenes subsection (1) shall pay to the Authority

(a) a refund of the total amount of the scholarship awarded to the person; and
(b) interest on the total amount of the scholarship at the prevailing Bank of Ghana rate.

(3) Where a person fails to pay the penalty specified under subsection (2), the Authority shall recover the total amount of the scholarship and the applicable interest as a civil debt at a rate of twice the total amount of the scholarship and the interest on the total amount.


32. Regulations

32. The Minister may, in consultation with the Board, by legislative instrument, make Regulations to provide for

(a) the procedure for application for a Government scholarship;
(b) eligibility criteria for a Government scholarship;
(c) the skills needed for the development of the country for which a Government scholarship should be awarded; and
(d) any other matter necessary for the effective and efficient implementation of this Act.


33. Interpretation

In this Act, unless the context otherwise requires

"Authority" means the Ghana Scholarships Authority established under section 1;
"Board" means the governing body of the Authority established under section 4;
"Director-General" means the Director-General appointed under section 13;
"Deputy Director-General" means the Deputy Director-General appointed under section 15;
"district" includes a municipality and a metropolis;
"Ghana Education Trust Fund" means the Ghana Education Trust Fund established under section 1 of the Ghana Education Trust Fund Act, 2000 (Act 581);
"Government scholarship" includes a bursary and a grant that is awarded by the Government, a public corporation, a bilateral partner or a multilateral partner;
"Minister" means the Minister responsible for Education; and
"Students Loan Trust Fund" means the Students Loan Trust Fund established under the Students Loan Trust Fund Act, 2011 (Act 820).


34. Transitional provisions

(1) The rights, assets, obligations and liabilities of the Scholarships Secretariat in existence immediately before the coming into force of this Act are transferred to the Authority established under this Act and accordingly proceedings taken by or against the Scholarships Secretariat may be continued by or against the Authority established under this Act.

(2) A person in the employment of the Scholarships Secretariat immediately before the coming into force of this Act is, on the coming into force of this Act, deemed to have been duly employed by the Authority on the terms and conditions which are not less favourable in aggregate to the terms and conditions attached to the post held by the person before the coming into force of this Act.

(3) Any moneys held in a bank account of the Scholarships Secretariat before the coming into force of this Act are transferred to the Authority established under this Act.

(4) A contract subsisting between the Scholarships Secretariat and another person and in effect immediately before the coming into force of this Act shall subsist between the Authority established under this Act and that other person.

(5) This Act shall not affect any matter in respect of offences committed, penalties imposed or proceedings commenced before the coming into force of this Act.

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