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ABANDONED PROPERTY (DISPOSAL)
DECREE, 1974 (NRCD 308)
ARRANGEMENT OF SECTIONS
Section
1. Scrap metal
2. Timber
3. Hoardings and sign-boards
4. Dangers may be abated forthwith
5. Obstruction of authorised
officer
6. Exemption from liability
7. Interpretation
IN pursuance of the National
Redemption Council
(Establishment) Proclamation, 1972
this Decree is hereby made.
Section 1—Scrap Metal.
(1) Any scrap metal which has been
left or abandoned:—
(a) on any public land; or,
(b) on any road; or
(c) within twenty feet of any
road; or
(d) within fifty feet of any road,
where such scrap metal in the
opinion of an authorised officer
has not been adequately fenced,
may be removed by an authorised
officer and disposed of in
accordance with this section.
(2) Where the scrap metal is a
motor vehicle to which the engine
and wheels are still attached, the
authorised officer shall affix to
the vehicle a notice requiring the
owner to remove it within fourteen
days after the date when the
notice was affixed (which shall be
stated in the notice); and where
the owner fails to do so the
authorised officer may after the
expiration of such period cause
the vehicle to be removed.
(3) In any other case the
authorised officer may cause the
scrap metal to be removed
forthwith.
(4) Any scrap metal removed by an
authorised officer under this
section shall, upon such removal,
vest in the National Redemption
Council and shall be disposed of:—
(a) in accordance with the
instructions of the Commissioner
responsible for Industries; or
(b) in the absence of such
instructions, in such manner as
the Inspector-General of Police or
a Regional Commissioner may
direct.
(5) For the purposes of this
section, "authorised officer"
means:—
(a) any member of the Armed Forces
acting in accordance with the
written instructions of a Regional
Commissioner;
(b) any police officer acting in
accordance with the written
instructions of the
Inspector-General of Police;
(c) any public officer authorised
in that behalf by the Commissioner
responsible for Industries or by a
Regional Commissioner.
(6) For the purposes of this
section, “scrap metal” means:—
(a) any motor vehicle or trailer
which is derelict;
(b) any other article made wholly
or in part of metal which is
derelict or substantially unfit
for use;
(c) any part of any of the
foregoing.
Section 2—Timber.
(1) Any tree, timber or log which
has been left or abandoned:—
(a) on any public land; or
(b) on any road; or
(c) within fifty feet of any road,
may be removed by an authorised
officer and disposed of in
accordance with this section:
Provided that this section shall
not apply to any tree, timber or
log which has been lawfully placed
by a timber contractor in the
ordinary course of his
operations:—
(i)
at a proper and recognised
collection point; or
(ii) at or near the approaches to
any harbour.
(2) The authorised officer shall
affix to the tree, timber or log a
notice requiring the owner to
remove it within fourteen days
after the date when the notice was
affixed (which shall be stated in
the notice); and where the owner
fails to do so, the authorised
officer may after the expiration
of such period cause the tree,
timber or log to be removed.
(3) Any tree, timber or log
removed by an authorised officer
under this section shall, upon
such removal, vest in the National
Redemption Council and shall be
disposed of:—
(a) in accordance with the
instructions of the Commissioner
responsible for Lands; or
(b) in the absence of such
instructions, in such manner as
the Inspector-General of Police or
a Regional Commissioner may
direct.
(4) For the purposes of this
section, "authorised officer"
means:—
(a) any member of the Armed Forces
acting in accordance with the
written instructions of a Regional
Commissioner;
(b) any police officer acting in
accordance with the written
instructions of the
Inspector-General of Police;
(c) any public officer authorised
in that behalf by the Commissioner
responsible for Lands or by a
Regional Commissioner.
Section 3—Hoardings and
Sign-Boards.
(1) Subject to subsection (2), any
hoarding or sign-board (in this
section referred to as "an
unauthorised hoarding or
sign-board") which has been
erected or left:—
(a) on any road or path; or
(b) within ten feet of any road;
or
(c) within twenty feet of any road
junction, roundabout or bridge; or
(d) on any public land; or
(e) in such a position as to
obstruct the clear view of any
driver on a road,
may be removed by an authorised
officer and disposed of in
accordance with this section.
(2) This section shall not apply
to any hoarding or sign-board
erected by or with the consent of
the Government or in the exercise
of a statutory power unless it is
such a position as to obstruct the
clear view of any driver on a
road.
(3) The authorised officer shall
affix to the unauthorised hoarding
or sign-board a notice requiring
the owner to remove it within
seven days after the date when the
notice was affixed (which shall be
stated in the notice), and where
the owner fails to do so the
authorised officer may after the
expiration of such period cause
the unauthorised hoarding or
sign-board to be removed.
(4) Any unauthorised hoarding or
sign-board removed by an
authorised officer under this
section shall, upon such removal,
vest in the National Redemption
Council and shall be destroyed or
otherwise disposed of—
(a) in accordance with the
instructions of the Regional
Commissioner; or
(b) in the absence of such
instructions, in such manner as
the Inspector-General of Police or
the local authority for the area
may direct.
(5) For the purposes of this
section, “authorised officer”
means:—
(a) any public officer authorised
in that behalf by a Regional
Commissioner; or
(b) any member of the Police
Service or employee of a local
authority.
Section 4—Dangers may be Abated
Forthwith.
Notwithstanding the foregoing
provisions of this Decree, any
authorised officer may if he
thinks fit cause the immediate
removal to the nearest safe place
of any property to which this
Decree applies, if he finds such
property in any place where it may
constitute a danger or
obstruction:
Provided that when the property is
so removed to a safe place, any
notices required by this Decree
shall be affixed to the property
as if such property had not been
removed.
Section 5—Obstruction of
Authorised Officer.
Any person who obstructs or
molests an authorised officer in
the exercise of any of his powers
under this Decree, or who does any
act with the intention of
preventing an authorised officer
from exercising such powers, shall
be guilty of an offence and liable
on conviction to a fine not
exceeding ¢200.00 or to
imprisonment not exceeding twelve
months or to both.
Section 6—Exemption from
Liability.
No civil action, whether for
compensation or otherwise, shall
be brought against the Republic or
any public officer or authorised
officer in respect of any act done
in good faith in the execution or
intended execution of the
provisions of this Decree.
Section 7—Interpretation.
In this Decree, unless the context
otherwise requires:
“path” includes a pavement or
footway;
“public land” includes land vested
by any means in the Republic, the
Chairman of the National
Redemption Council on behalf of
the Republic, the Government, any
organ or agency of the Government
or any statutory corporation,
whether such land is vested in
trust or otherwise;
“road” means any highway, street,
lane or other place whether a
thoroughfare or not to which motor
vehicles have a right of access;
“vehicle” includes any motor
vehicle, trailer, agricultural
vehicle or cycle.
Made this 20th day of December,
1974.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 27th
December, 1974.
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