WHAT ARE GTUC AND CPA UP TO; PLAYING ON THE INTELLIGENCE OF THE MASSES?
The Ghana Trades Union Congress, GTUC, has warned the Public Regulatory Commission, PURC to reverse its recent upward review of the tariffs of the public utilities or they will organized a demonstration as well as a strike action.
Before then, the Consumer Protection Agency, CPA headed by Mr. Kofi Capito, is already in the law Court seeking to set aside the decision of the PURC.
Under normal circumstances, the decisions of the two entities should have been applauded by every tom, dick and harry in Ghana considering the fact that their stances reflect the concerns of the silent majority who are sincerely reeling under harsh economic conditions. More so, when the services being provided by these utility providers taking into consideration the ongoing national energy crisis.
However, i, as a staunch unionist and as somebody who always want to seek the interest of the economically vulnerable and usually down trodden, STRONGLY DISAGREE with the positions taken by the GTUC and the CPA and its Chief Executive.
For the avoidance of any doubt, the composition of the PURC involves a representation each of the two organizations aforementioned in this write-up.
In all sincerity and fairness to Ghanaians, especially the workers whose interest they are championing, the GTUC and the CPA are only being playing on the intelligence of the people for only what God knows.
My little appreciation of the representation of people or groups at another forum means is that before the representative sits in a meeting or forum in the name of the appointing entity, he/she must have sought the views, opinions and inputs of those he/she seeks to represent(in this case the GTUC and the CPA as represented at the PURC).
Therefore, at the meeting or forum, the individual does not advance his/her own/private views but that of the group being represented.
If on the other hand, if the group with that representation feels that it totally dissociate itself from the matter for consideration at the meeting or forum so that it is not bound by the final decision taken.
In the case of the recent decision of the PURC, the public is yet to be told by the two bodies in question here their level of involvement in the tariff hike decision.
Until they do us that explanation, I BET TO DIFFER ON THE PATH THE GTUC AND CPA HAVE RESORTED TO.
It is reasonable to conclude that the two entities had their representations at the meeting/s of the PURC that took that 'necessary evil' decision.
It is equally reasonable to conclude that those representatives enjoyed all the privileges and entitlements available to the Commissioners at the meeting.
the big question therefore is; WHY, ON EARTH, WOULD THE SAME ENTITIES WHICH WERE PART OF THE DECISION MAKING PROCESSES TURN AROUND TO TELL THE MASSES THAT THEY DISAGREE WITH THAT DECISION?
IS IT TO PLAY TO THE GALLERY, INCITE THE PEOPLE AGAINST THE MANAGERS OF THE STATE, THINK THAT THE PEOPLE ARE LESS INTELLIGENT OR SIMPLY PUT, THEY ARE 'TRAITORS OR BACK 'BITERS' ?
They must come again and give better explanations for their decisions than what they have provided.
FOR THE PURPOSES OF PUBLIC EDUCATION AND SELF EDIFICATION OF THE 'VULNERABLE' CITIZENS, I publish the relevant portions of Act 538 of 1997 that established the PURC.
Most of the relevant portions sections have been highlighted;
Before then, the Consumer Protection Agency, CPA headed by Mr. Kofi Capito, is already in the law Court seeking to set aside the decision of the PURC.
Under normal circumstances, the decisions of the two entities should have been applauded by every tom, dick and harry in Ghana considering the fact that their stances reflect the concerns of the silent majority who are sincerely reeling under harsh economic conditions. More so, when the services being provided by these utility providers taking into consideration the ongoing national energy crisis.
However, i, as a staunch unionist and as somebody who always want to seek the interest of the economically vulnerable and usually down trodden, STRONGLY DISAGREE with the positions taken by the GTUC and the CPA and its Chief Executive.
For the avoidance of any doubt, the composition of the PURC involves a representation each of the two organizations aforementioned in this write-up.
In all sincerity and fairness to Ghanaians, especially the workers whose interest they are championing, the GTUC and the CPA are only being playing on the intelligence of the people for only what God knows.
My little appreciation of the representation of people or groups at another forum means is that before the representative sits in a meeting or forum in the name of the appointing entity, he/she must have sought the views, opinions and inputs of those he/she seeks to represent(in this case the GTUC and the CPA as represented at the PURC).
Therefore, at the meeting or forum, the individual does not advance his/her own/private views but that of the group being represented.
If on the other hand, if the group with that representation feels that it totally dissociate itself from the matter for consideration at the meeting or forum so that it is not bound by the final decision taken.
In the case of the recent decision of the PURC, the public is yet to be told by the two bodies in question here their level of involvement in the tariff hike decision.
Until they do us that explanation, I BET TO DIFFER ON THE PATH THE GTUC AND CPA HAVE RESORTED TO.
It is reasonable to conclude that the two entities had their representations at the meeting/s of the PURC that took that 'necessary evil' decision.
It is equally reasonable to conclude that those representatives enjoyed all the privileges and entitlements available to the Commissioners at the meeting.
the big question therefore is; WHY, ON EARTH, WOULD THE SAME ENTITIES WHICH WERE PART OF THE DECISION MAKING PROCESSES TURN AROUND TO TELL THE MASSES THAT THEY DISAGREE WITH THAT DECISION?
IS IT TO PLAY TO THE GALLERY, INCITE THE PEOPLE AGAINST THE MANAGERS OF THE STATE, THINK THAT THE PEOPLE ARE LESS INTELLIGENT OR SIMPLY PUT, THEY ARE 'TRAITORS OR BACK 'BITERS' ?
They must come again and give better explanations for their decisions than what they have provided.
FOR THE PURPOSES OF PUBLIC EDUCATION AND SELF EDIFICATION OF THE 'VULNERABLE' CITIZENS, I publish the relevant portions of Act 538 of 1997 that established the PURC.
Most of the relevant portions sections have been highlighted;
THE FIVE HUNDRED AND THIRTY-EIGHTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE PUBLIC UTILITIES REGULATORY
COMMISSION ACT, 1997
AN ACT to provide for the
establishment of a Public Utilities Regulatory Commission to regulate and oversee
the provision of utility services by public utilities to consumers and to
provide for related matters.
DATE OF ASSENT: 16th OCTOBER, 1997.
BE IT ENACTED by Parliament as
follows :
PART I - ESTABLISHMENT AND FUNCTIONS
OF PUBLIC UTILITIES REGULATORY COMMISSION
Section 1 - Establishment of Public
Utilities Regulatory Commission.
(1) There
is established by this Act a Public Utilities Regulatory Commission, in this
Act referred to as "the Commission".
(2) The
Commission shall be 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 the discharge of its functions under this Act acquire and
hold any movable or immovable property, dispose of the property and enter into
any contract or other transaction.
(4) Where there is any hindrance to
the acquisition of any property under subsection (3) of this section, the
property may be acquired for the Commission under the State Property and
Contracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125).
Section 2 - Composition of the
Commission.
The Commission shall be composed of
the following persons appointed by the President in consultation with the
Council of State
(a) a chairman;
(b)
one person nominated by the Trades Union Congress;
(c)
one person nominated by the Association of Ghana Industries;
(d)
one representative of domestic consumers;
(e) the Executive Secretary
appointed under section 33 of this Act; and
(f) four other persons with
knowledge in matters relevant to the functions of the Commission.
Section 3 - Functions of the
Commission.
The
functions of the Commission are as follows -
(a)
to provide guidelines on rates chargeable for provision of utility
services;
(b)
to examine and approve rates chargeable for provision of utility services;
(c)
to protect the interest of consumers and providers of utility services;
(d)
to monitor standards of performance for provision of services;
(e) to initiate and conduct
investigations into standards of quality of service given to consumers;
(f) to promote fair
competition among public utilities;
(g) to conduct studies
relating to economy and efficiency of public utilities;
(h) to make such valuation of
property of public utilities as it considers necessary for the purposes of the
Commission;
(i) to collect and compile
such data on public utilities as it considers necessary for the performance of
its functions;
(j) to advise any person or
authority in respect of any public utility;
(k) to maintain a register of
public utilities; and
(l) to perform such other
functions as are incidental to the foregoing.
Section 4 - Independence of
the Commission.
Subject to the provisions of
this Act, the Commission shall not be subject to the direction or control of
any person or authority in the performance of its functions.
Section
8 - Meetings of the Commission.
(1)
The Commission shall meet for the dispatch of business at such times and in
such places as the Chairman may determine but shall meet at least once every
three months.
(2)
The Chairman shall upon the request of not less than one-third of the
membership of the Commission convene a special meeting of the Commission.
(3)
The quorum at a meeting of the Commission shall be five members and shall
include the Chief Executive or the person acting in that capacity.
(4)
Every meeting of the Commission shall be presided over by the Chairman and in
his absence by a member of the Commission elected by the members present from
among their number.
(5)
Questions before the Commission shall be decided by a majority of the members
present and voting.
(6)
The Chairman or the person presiding at a meeting of the Commission shall in
the event of equality of votes have a second or casting vote.
(7) The Commission may co-opt any
person to act as an advisor at its meetings but no co-opted person is entitled
to vote at the meeting.
(8) The validity of the proceedings
of the Commission shall not be affected by a vacancy among its members or by a
defect in the appointment or qualification of a member.
(9) Except as otherwise expressly
provided for under this section, the Commission shall determine and regulate
the procedure for its meetings.
Section 9 - Disclosure of interest.
(1) A member of the Commission who
is directly interested in any matter being considered or dealt with by the
Commission shall disclose the nature of his interest at a meeting of the
Commission and shall not take part in any deliberation or decision of the
Commission with respect to the matter.
(2) A member who fails to
disclose his interest under subsection (1) of this section shall be removed
from the Commission.
Section 10 - Committees of the
Commission.
The Commission may for the discharge
of its functions appoint committees of the Commission comprising members of the
Commission or non-members or both and assign to any such committee such of its
functions as it may determine.
PART II - PROVISION OF SERVICE AND
RATES
Section 11 - Duty to Provide
Adequate Service.
A public utility licensed or
authorised under any law to provide utility service shall -
(a)
maintain its equipment and property used in the
provision of the service in such condition as to enable it to effectively
provide the service;
(b) make
such reasonable effort as may be necessary to provide to the public service
that is safe, adequate, efficient, reasonable and non-discriminatory; and
(c)
make such repairs, changes, extensions and improvements in or to the
service as may be necessary or proper for the efficient delivery of the service
to the consumer.
Section 12 - Order of the
Commission to Comply with Duty under Section 11.
(1) Where the Commission
discovers on its own or upon a complaint that the service provided by a public
utility is not in accordance with section 11, the Commission shall in writing
direct the provision of the adequate or reasonable service that should be
provided by the public utility and may include such other directions as to
secure compliance with section 11.
(2) A direction under subsection (1)
may include payment of compensation by the public utility to any consumer for damage
or loss suffered on account of the failure of the public utility to comply with
section 11.
(3) Where the technology employed by
a public utility is out of date or where any advance in technology which could
result in an improvement in the service or in reducing the cost of the
consumer, has not been incorporated in the service within a reasonable time,
the Commission may in writing direct the public utility to take such measures
as the Commission considers appropriate to remedy the omission.
(4) A direction under subsection (3)
shall specify a reasonable time for compliance and where compliance is in
stages, different times may be specified to comply with each stage.
Section 13 -
Standards of Performance of Public Utilities.
(1) The Commission shall monitor
standards of performance established by the licensing authorities of public
utilities for compliance by public utilities.
(2) Where a public utility fails to
meet any required standard of performance, it shall pay such compensation as
the Commission in consultation with the licensing authority may determine to
any person adversely affected as a result of the failure.
(3)The requirement for payment of
compensation under this section
(a) does not limit the right to any
other remedy at law which may be available to the complainant;
(b) does not preclude the Commission
from taking any other measure or imposing any other sanction that the
Commission has a right to impose in respect of the act or omission that
constitutes the failure.
Section 14 - Agreement with
Public Utility to Supply Service.
(1) Where a public utility has
entered into an agreement with any institution or body corporate for the
provision, development or expansion of the service to be provided or being provided
by the public utility and the implementation of the agreement is not effected
within a reasonable time in any material respect without reasonable excuse, the
institution or body may make a complaint to the Commission.
(2) Where the Commission, after
giving the complainant and the public utility against which the complaint is
made a reasonable opportunity of being heard, is satisfied that the public
utility concerned has failed or refused to implement the terms of the agreement
within a reasonable time, the Commission may-
(a)
direct the public utility to pay to the institution or body such sum as
it considers reasonable in the circumstances of the case; or
(b)
recommend to the licensing authority of the public utility, the cancellation
or suspension of its licence; or
(c) give such other
directions as it considers just in the circumstances of the case.
Section 15 - Restriction on Refusal
to Provide Service.
(1) Except where a licence or
authorisation given to a public utility is revoked, suspended, cancelled or
expires in accordance with the terms of the licence, no public utility shall
refuse to provide its service generally without prior written permission of the
Commission.
(2) Application for permission under
subsection (1) shall be submitted to the Commission within such period as the
Commission shall prescribe.
Section 16 - Guidelines for Fixing
Rates.
(1) No public utility shall fix any
rate to be charged for any service provided by it unless the rate is in accordance
with guidelines provided by the Commission.
(2). The Commission shall prepare
and provide to public utilities guidelines on levels of rates that may be
charged by the public utilities for the services provided.
(3) In preparing the guidelines the
Commission shall take into account
(a)
consumer interest;
(b)
investor interest;
(c) the
cost of production of the service; and
(d) assurance of the financial
integrity of the public utility.
Section 17 - Cost of Production.
(1) In order to assess the cost of
production of any service by a public utility for the purpose of this Act, the
Commission may investigate and determine whether any expenditure incurred by
the public utility is justified or reasonable.
(2) Where the public utility does
not itself produce or generate the service which it provides to consumers, but
obtains it from another source, the Commission may investigate the cost of
production or generation of the producer or generator in order to determine the
reasonableness of the rate being charged or proposed to be charged for the
service concerned.
Section 18 - Approval of Rates
Chargeable for Services.
(1) No public utility shall demand
any rate for the service it provides unless the rate chargeable for the service
has been approved by the Commission.
(2) No public utility shall directly
or indirectly demand or receive for any service provided by it a higher rate
than the rate approved by the Commission in relation to it and which shall be
stated in the tariff filed with the Commission under section 21.
(3) Subject to this Act but
notwithstanding subsection (2) a public utility may with the written permission
of the Commission demand and receive from a consumer any special rate agreed to
by the public utility and the consumer.
(4) The Commission shall before
approving any rates provide as far as practicable the public utility and
consumers affected by the rates a reasonable opportunity of being heard and
shall take into account any representation made before it.
(5) Notwithstanding the other
provisions of this section, the power to approve rates under this section for
services to which this section would otherwise have applied shall not apply to
export of the service.
Section
19 - Publication of Tariffs.
Rates
approved by the Commission shall be published by the Commission in the Gazette
and the mass media.
Section 20 - Uniform Rates of
Tariffs.
(1) The Commission may, having
regard to matters such as -
(a) the population distribution in
the country;
(b) the need to make the best use of
any natural resource of the country;
(c) the economic development of the
whole country,
fix a uniform rate throughout the
country, any region or district for any service provided by a public utility.
(2) Nothing in subsection (1)
prevents the Commission from approving different rates for different classes of
consumers.
Section 21 - Filing of Tariffs.
(1) Every public utility shall
within such time as maybe determined by the Commission, file with the
Commission in such form as the Commission may specify, tariffs showing the
rates charged by it for the service it provides.
(2) Copies of the tariffs shall be
made available to the public for inspection.
Section 22 - New Service and Change
in Existing Rates.
(1) Where a public utility starts a
new service for which rates are chargeable or desires to revise any existing
rates charged by it for any service, it shall file with the Commission at least
60 days before the commencement of the new service or the effective date for
the revised rates, notice of the proposed new rates or revised rates.
(2) The notice shall state -
(a) where it relates to the rate for
a new service -
(i) the new rates;
(ii) the effective date of the
rates; and
(iii) any other particulars
specified by the Commission;
(b) where it relates to changing
existing rates -
(i) the existing rates and the
proposed rates;
(ii) the effective date of the
proposed rates;
(iii) the reasons for the change in
rates; and
(iv) any other particulars that may
be required by the Commission.
(3) The Commission shall within 30
days of receipt of the required particulars take a decision on the rates.
Section 23 - Joint Use of
Facilities.
(1) A public utility may permit the
joint use of its equipment and facilities by another public utility for a
reasonable compensation where such arrangement is convenient or necessary and
the use will not result in damage to the owner or other users of the
equipment.
(2) Where a dispute arises with
respect to any such arrangement, a complaint may be made by any of the parties
to the Commission which shall settle the dispute.
(3) Notwithstanding subsections (1)
and (2) of this section, the Commission may where it is satisfied after
investigation that such joint use of equipment and facilities-
(a) is necessary to provide safe,
adequate and economic service to consumers;
(b) will not result in irreparable
damage to the owners or users of the equipment or facilities; and
(c) is
just and reasonable having regard to the circumstances of the case, direct that
two or more public utilities enter into such arrangement for joint or combined
use or other arrangement upon such terms, including compensation, as the
Commission may determine, for the provision of any service; except that the
Commission may at any time upon a complaint from any public utility or consumer
affected by the directives modify or revoke its earlier directives.
Section 24 - Duty of Public Utility
to Furnish Return and Information.
(1) The Commission may in writing,
require a public utility to furnish at such intervals as may be specified by
the Commission, and at such other times as the Commission may require, a
detailed report of finances and operations of the public utility in such form
and containing such particulars as the Commission may specify and the public
utility shall comply with the request.
(2) A public utility shall upon
reasonable notice by the Commission furnish to the Commission all information
required by it and shall make specific and complete answers to all questions
submitted by the Commission.
(3) Whenever required by the
Commission upon reasonable notice, a public utility shall deliver to the
Commission all contracts, reports of engineers, documents, books, accounts and
other records in the possession or control of the public utility and in any way
relating to its property or service or affecting its business, or copies
verified in such manner as the Commission may specify.
Section 25 - Ascertainment of Value
of Property of Public Utility.
(1) The Commission may in writing
direct the ascertainment by appraisal, of the value of the property of any
public utility and in that connection may enquire into every fact which it
considers has any bearing on that value, including the amount of money actually
and reasonably expended by that public utility in order to provide service
reasonably adequate to the requirements of the public served by the public
utility.
(2) Expenses in connection with any
appraisal ordered by the Commission, including all expenses incurred in
connection with it by the public utility whose property is the subject of the
appraisal, may, where the Commission directs, be charged to the capital account
of the public utility.
Section 26 - Obligation to Provide
Bill.
A public utility shall give to every
consumer after every calendar month or at such other intervals as may be
directed by the Commission in relation to a consumer or class of consumers,
other than consumers on prepayment meters, a bill showing the sum payable by
the consumer for the service provided by the public utility during the
preceding month or other relevant period as may be determined by the
Commission.
Section 27 - Adjustment of Credit to
Consumers.
Where in respect of any change in
rates payable by a consumer for any service, a consumer becomes entitled to
receive any sum from a public utility, the sum shall be adjusted towards any
sum that may become payable by the consumer to the public utility for any
further period or paid in cash to the consumer as may be agreed upon by them.
Section 28 - Interest to be Paid on
Deposits.
(1) A public utility that requires
its consumers to make cash deposit with the public utility as a condition
precedent to receiving service offered by the public utility, shall pay
interest on the deposit at such rate as the Commission shall determine except
that no interest shall be paid on deposits held by the public utility for less
than six months.
(2) Subject to subsection (1), where
applicable, a public utility shall disclose to the consumer with its final billing
statement in each calendar year, the amount of interest which has accumulated
on deposits during the calendar year and the proportion which stands to the
credit of the consumer.
PART III - COMPLAINTS AND
ENFORCEMENT OF DECISIONS OF THE COMMISSION
Section 29 - Right of Complaint to
the Commission.
(1) Any person may submit a
complaint to the Commission in respect of a matter arising under this Act.
(2) A complaint that relates to
provision of utility service or rates chargeable for service provided by a
public utility shall in the first instance be referred to the Commission for
investigation and settlement.
(3) The Commission shall investigate
complaints received by it unless it is of the opinion that -
(a) the complaint is trivial,
frivolous, vexatious or not made in good faith; or
(b) the complaint is on the same
subject already under investigation.
(4) The Commission does not have
power to investigate any matter which is before a court.
Section 30 - Procedure for
Complaints and Investigation.
The Commission shall by legislative
instrument prescribe for matters relating to submission of complaints to the
Commission and the hearing and determination of the complaints.
Section 31 - Establishment of Consumer
Services Committees.
(1) There may be established by the
Commission in such areas of the country as it considers necessary consumer
services committees.
(2) The Commission shall by
legislative instrument prescribe the membership and functions of a consumer
services committee.
Section 32 - Enforcement of
Decisions of the Commission.
Where, the Commission, whether
before or after any investigation, makes any decision or gives any direction,
requiring any person to do or desist from doing any act, and there is failure
on the part of the person to comply with the decision or direction, within a
specified period, if any, or within a reasonable time, the Commission may apply
to the High Court for the enforcement of the decision or direction.
PART V - OFFENCES, PENALTIES AND
MISCELLANEOUS PROVISIONS
Section 38 - Offences and Penalties.
Any public utility which -
(a) fails to comply with standards
of performance in the provision of utility services;
(b) refuses to provide its utility
service contrary to section 15(1);
(c) charges or demands for its
services rates not approved by the Commission contrary to section 18(1);
(d) charges or demands a higher rate
than the rate approved by the Commission contrary to section 18(2);
(e) fails to submit within
any specified period tariffs of its rates contrary to section 21;
(f) fails to submit new or
revision of any existing rates for approval by the Commission contrary to
section 22;
(g) fails or refuses to provide a
bill to its consumers contrary to section 26;
(h) fails or refuses to make the
requisite adjustment arising out of any variation in rates contrary to section
27;
(i) fails or refuses to prepare and
submit to the Commission within any specified time provided by or under this
Act any return or information -
(i) required to be
furnished by or under this Act; or
(ii) directed to be
furnished by the Commission for the purpose of exercise or discharge of
its functions; or
(j) fails or refuses to answer any
question relevant to any matter which is the subject of any investigation
before the Commission, commits an offence and is liable on summary conviction
to a fine not exceeding ¢10 million and in default of payment the principal
officer or the secretary of the public utility shall be liable to imprisonment
for a term not exceeding 2 years.
Section 39 - Making or Furnishing
False Return or Information.
A public utility which makes any
return or furnishes any information to the Commission which is false in any
material particular commits an offence and shall be liable on summary
conviction, to a fine not exceeding ¢10 million.
Section 40 - Obstruction of or
Interference with Members and Officers of the Commission in Discharge of
Duties.
Any person, who obstructs or
interferes with a member of the Commission, officer or other person employed by
the Commission in the exercise of the powers conferred or duties imposed by or
under this Act on him commits an offence and shall be liable, on summary
conviction, to a fine not exceeding ¢10 million or imprisonment for a term not
exceeding two years or to both.
Section 41 - Penalty for Continuing
Offence.
Where a public utility convicted of
an offence under this Act continues to commit the offence after conviction
there shall be imposed on the public utility a fine of not less than ¢2 million
for each day that the offence is continued and where there is failure to pay
the fine the principal officer shall be liable to imprisonment for such term as
the court may determine.
Section 42 - Offences by Body of
Persons.
Where an offence under this Act or
any regulation made under it is committed by a body corporate or by a member of
a partnership or other firm, every director or officer of that body corporate
or any member of the partnership or other person concerned with the management
of the public utility shall also be guilty of the offence and shall on
conviction, be liable to a fine not exceeding ¢10 million for the offence and
shall in addition be liable to the payment of compensation for any damage
resulting from the breach unless he proves to the satisfaction of the court
that -
(a) he exercised due diligence to
secure compliance with the provisions of the Act; and
(b) the offence was committed
without his knowledge, consent or connivance.
Section 43 - Duty to Co-operate with
the Commission by Licensing Authorities.
Every body or institution authorised
by any enactment to grant a licence to a public utility for the provision of
the relevant utility service shall assist the Commission in the performance of
its function under this Act.
Section 44 - Inspectorate.
(1) For the purpose of giving effect
to this Act the Commission shall establish an Inspectorate Division.
(2) The Commission may in writing
appoint a Chief Inspector and other inspectors to carry out such functions as
the Commission may determine for the purpose of enforcing this Act and
regulations made under this Act.
(3) An inspector appointed under
this Act may at all reasonable times enter any premises of a public utility to
inspect the premises or generally to carry out any function imposed upon him
under this Act or to ensure that the provisions of this Act are complied with.
Section 45 - Procedures for Dealing
with Complaints from Consumer.
(1) Every public utility shall
establish procedures for dealing with complaints by its consumers or potential
consumers of its service.
(2) No procedure shall be
established and no modification of the procedure shall be made, unless -
(a) the public utility has
consulted persons or bodies that constitute a fair representation of consumers
for whom it provides the service; and
(b) the proposed procedure or
modification has been approved by the Commission.
(3) A public utility shall publicise
the approved procedure in such a manner as the Commission may require and send
copies of the procedure, free of charge, to any person who asks for it.
(4) The Commission may direct the
public utility to review its procedures or the manner in which it operates and
makes modifications to the procedures.
Section 46 - Register of Public
Utilities.
(1) The Commission shall keep a
register in which shall be recorded particulars of public utilities.
(2) The register shall be open to
the public on such terms and conditions as the Commission shall determine.
Section 47 - Exclusion of Community
Water Supply from this Act.
This Act shall not apply to supply
of water provided in a community, where the supply of the water is operated and
managed by the community concerned.
Section 48 - Regulations.
(1) The Commission may by
legislative instrument make such regulations as it considers necessary for the
implementation of this Act.
(2) Without prejudice to subsection
(1) regulations may be made in respect of all or any of the following -
(a) the
procedure for submission of complaints, investigation and determination of
complaints; and
(b) any matter
to be taken into account by the Commission in approving the rate for any
service provided by a public utility.
(3) Regulations issued under
subsections (1) or (2) shall be under the signature of the Chairman of
the Commission.
Section 49 - Interpretation.
In this Act unless the context
otherwise requires -
"Commission" means the
Public Utilities Commission established under section 1 of this Act;
"consumer" means a person
or his successor who purchases, receives or makes use of any service provided
by a public utility and does not deliver or resell the service to others;
"export" means the
provision of the service to any other country, VALCO or a free zone area in
Ghana;
"licensing authority"
means any body or authority with power under any enactment to grant licence or
rights to a public utility;
"principal officer" means
the person responsible for the day-to-day administration of the public utility;
"public utility" means any
person engaged in the provision for a fee, whether directly or indirectly, of
any of the following services to the public -
(a) the supply, transmission or
distribution of electricity;
(b) the supply, transmission or
distribution of water;
(c) such other public utility
services as the Commission shall by legislative instrument prescribe on
recommendation of the Minister with responsibility for the service;
"rate" means fee, payment
or charge in the form of money for any service provided by a public utility;
"service" includes the supplying
or furnishing of any commodity derived directly from the business in which a
public utility is engaged to the consumer and the placing at the disposal of
the consumer the facilities employed in or connected with the supply of that
commodity.
Section 50 - Consequential
Amendment.
(1) The Ghana Water and Sewerage
Corporation Act, 1965 (Act 310) is amended by the repeal of section 2(2)(f) and
section 14(b) and (d).
(2) The Volta River Development Act,
1961 (Act 46) is amended by the repeal of section 21(4).
Section 51 - Transitional
Provisions.
Any public utility however
established and in existence at the commencement of this Act shall within 14
days of the appointment of the Commission established under this Act submit to
the Commission its existing and proposed tariffs of rates chargeable for the
utility service it provides for the approval of the Commission and shall submit
such other information as the Commission may in writing require.
Date of Gazette Notification: 17th
October, 1997.
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