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ARMED FORCES (AMENDMENT) REGULATION, 1986 (LI 1332).

 

IN exercise of the powers conferred on the Provisional National Defence Council by section 16 (6) of the Provisional National Defence Council,(Supplementary and Consequential Provisions)Law,1982,(P.N.D.C.L.42)these Regulations are made this 15th day of September,1986.

Regulation 1— 3 of C.I. 12 Replaced

The Armed Forces Regulations, 1970 (C.I. 12) (hereafter referred to as the "Principal Regulations")are hereby amended by the substitution for SECTION 3 thereof of the following new SECTION:

“SECTION 3—MEN

6.21—Rank on Enrolment

A person enrolled as a man shall be enrolled in the rank of private or equivalent rank.

6.22—Term of Service

(1) Subject to (2) and (3) of this Article the term of service of a man on enrolment or re-engagement shall be for a continuing full-time service for a term of five consecutive years.

(2) Tradesmen in trades prescribed by the Ministry may, in order to bring them to a satisfactory standard of efficiency, be required to vary their term of service under (1) of this Article to a term of service for continuing full-time service often consecutive years and may sign the certificate prescribed in Schedule ‘A’to this Chapter.

(3) A man selected to undergo training outside Ghana may be required to serve—

(a) not less than four consecutive years' continuing full-time service reckoned from the date of completion of his training; or

(b) the unexpired portion (if any) of any term of service he has to serve under (1) or (2) of  this Article, whichever is the greater.

6.23—Prolongation of Service

(1) Subject to such conditions as the Chief of Defence Staff may prescribe—

(a) a man who enrols on an initial engagement for 5 consecutive years' full-time service may vary his term of service to one of 10 consecutive years;

(b) a man whose full-time service is varied for 10 consecutive years may be allowed a further variation of his term of service to one of 15 consecutive years' full-time service;

(c) a man who completes 15 consecutive years' full-time service may be re-engaged to complete 20 consecutive years' full-time service;

(d) a man may be allowed to continue beyond 20 consecutive years for a further period of 5 years subject to such conditions as may from time to time be laid down by the Chief of Defence Staff and in that case he shall have the right of discharge at three months' notice, and his commanding officer shall have the right to give him three months' notice of discharge.

(2) Where a man successfully applies for prolongation of his service as specified in any of (a) to (d) under (1) above, notice thereof shall be given by his commanding officer to the Officer-in-Charge of Records who shall issue the form as prescribed in Schedule ‘B’ to this Chapter for the required administrative authority.

(3) Notwithstanding anything in (1) of this Article a man who has completed 15 years' full-time service shall have the right of discharge at three months' notice and his commanding officer shall have the right to give him three months notice of discharge.

 

(4) In this Article "full-time service" means continuing full-time service.

6.24—Medical Standards

The medical standards for enrolment of officers and men for any prolongation of service will be as prescribed by the Ministry for each of the three services.

6.25 to 6.99—Inclusives

Not Allocated.

SCHEDULE 'A''A'

Article 6.22 (2)

FORM OF CERTIFICATE TO BE SIGNED BY MEN UNDERTAKING TRAINING IN ANY TRADE PRESCRIBED BY THE MINISTRY

CERTIFICATE

(To be attached to the Attestation paper)

I ....................................................

understand that on undertaking training as .............. my terms of engagement are automatically changed and I hereby agree to serve for 10 consecutive years' full-time service- with effect from the original date of enrolment, in accordance with Article 6.22 (2) of Armed Forces Regulations.

..................19 ....                            ........................

Signature

 

 

SCHEDULE ‘B’

Article 6.23 (2)

FORM OF CERTIFICATE FOR EXTENSION, RE-ENGAGEMENT AND CONTINUANCE OF SERVICE

DEFENCE FORM ‘A’ 2139 (Revised)

GHANA ARMED FORCES

EXTENSION, RE-ENGAGEMENT AND CONTINUANCE OF SERVICE CERTIFICATE

 

 

NO.     Rank   Name 

PART II

(To be completed by the Applicant)

I, (full name) ....................... do hereby apply and agree to be re-engaged for service with the Ghana ......to complete a period of .. years service from .........

.............................................                                ..........................................................

 Signature of Witness                                                Signature or Mark of Applicant

............... 19...................                                      Place .................................................

PART IIII

(To be completed by a Medical Officer)

I have examined the above named and find him fit/unfit for general service with Ghana Armed Forces.

................ 19.................                                 .........................

                                                                                          Signature of Medical Officer

Place ...........................................................................

PART III

(To be completed by the Applicant's Formation Commander)

I recommend/do not recommend the above-named applicant's request for extension/re-engagement/continuance of service.

............. 19....                                                                     ..............................

Signature of Formation Commander

PART IV

(To be read to the applicant by an officer and repeated and signed by the applicant.)be read to the applicant by an officer and repeated and signed by the applicant.)

I, (full name) ..................... do hereby swear that I will bear true and faithful allegiance to the Chairman of the P.N.D.C., Supreme Commander of the Armed Forces of the Republic of Ghana, and that I will, truly and faithfully serve the Government of the Republic of Ghana as by law established, and that I will as in duty bound serve in the Armed Forces of the Republic of Ghana and go wherever ordered by air, land or sea, and that I will observe and obey all commands of the Government of the Republic of Ghana as by law established and of any officer set over me even to the peril of my life.

....... ...........                                                                          .. ...........................

Signature of Witness                                                          Signature or Mark of Applicant

PART V

(To be completed by Formation Commander)

I certify that I have clearly explained to the above-named, the conditions of the re-engagement which he has undertaken and that he fully understands the same.

Declared before me at......... this.... day of...19..

FORMATION STAMP          ................................

Signature of Formation Commander

PART VI

(To be completed by the Service Commander)

Recommended/Not recommended.

.............19.................................

Signature of Service Commander

PART VII

(To be completed by Chairman Extension/Interview Board)

Recommended/Not recommended for extension/re-engagement/continuance of service.

................19...................................

Signature the chairman Extension/Interview

Board.

PART VIII

(To be completed by DSC)

Authority is given for the applicant to continue to serve to complete a period of .............................. years service.

Not approved.       Applicant to be Discharged.

Not approved.      Applicant to be transferred to the Reserve.

................19................................

Signature of the Chairman DSC

PART IX

(To be completed by OIC Records)

Defence Form A.2694 No. ........... Despatched to Unit on

................ 19...            ........................

Signature of OIC Records

Insert "Army", "Navy" or "Air Force"

Delete whichever is inapplicable.

OPP/LI715/P227/LP10,000/7-70"

Regulation 2—Article 206.75 of Principal Regulations Replaced

Article 206.75 of the Principal Regulations is hereby replaced by the following new Article:

"206.75. Outline of the Pension Regulations

Service pensions are normally awarded to men on release or transfer to the Reserve after completing not less than 15 years' service but men who are invalided when serving on a pensionable engagement may be awarded pension if they have completed not less than 10 years' service.  Rates of pension vary according to rank on release and length of service. Terminal grant is payable in addition to pension."

Regulation 3—Article 206.77 of Principal Regulations Amended

Article 206.77 of the Principal Regulations is hereby amended by the substitution for (2) thereof of the following:

"(2) Method of Assessment—

(a) Current basic pay plus trade pay and free services element used as annual pensionable emolument.

(b) Annual pension assessed at one-third of annual pensionable emolument on completing 15 years' service.

(c) Graduated increases assessed after 15 years' service at the rate of five per cent of monthly basic pay".

Regulation 4—Article 206.78 Amended

Article 206.78 of the Principal Regulations is hereby amended by the substitution for (5) and (10) thereof of the following:

"(5) "Service" and "Qualifying Service". - Except as provided in Articles 206.79 and 206.80 (2), a man may be awarded pension provided he has completed at least 15 years' service as defined in (2) and (3) of this Article, but the rate of pension will be assessed on the basis of qualifying service as defined in article 206.01 even though this may be less than 15 years.

(10) A man serving on an engagement to complete at least 15 years' service on the termination of which he would have been eligible for a pension under Article 206.77 and 206.78, who is permitted to take his discharge less than three months before completion of his engagement, for the purpose of taking up civil employment which cannot be held open until his normal date of discharge, will be eligible for service pension and terminal grant calculated on the qualifying service rendered notwithstanding that his total service falls short of the normal minimum qualifying period of 15 years."

Regulation 5—Article 206.79 Replaced.

Article 206.79 of the Principal Regulations is hereby replaced by the following new Article:

"206.79. Invaliding

(1) A man who is invalided when serving on a pensionable engagement may be awarded a pension and terminal grant if he has completed not less than 10 years' service. The rate of pension shall be appropriate to 15 years' reckonable service provided in Article 206.77.

(2) A man who is invalided on account of a disability neither due to his own fault nor to causes within his control and who has not completed 10 years' service shall be awarded a pension and terminal grant if the disability is due to attributable injury. The rate of pension shall be appropriate to 15 years' reckonable service as provided in Article 206.77.

(3) A man who is invalided on account of sickness and who has not completed 10 years' service may be granted pension and terminal grant at the rate appropriate to 15 years' reckonable service with one deduction at the rate of two and half per cent of monthly basic pay.

(4) If, however, the circumstances leading to a man's invaliding are due to his own fault or causes within his own control, the award and amount of pension and of terminal grant will be at the discretion of the Ministry."

Regulation 6—Article 206.80 Replaced

Article 206.80 of the Principal Regulations is hereby replaced by the following new Article:

"206.80. Release (See Appendix I to this Volume)

(1) A man who is released for having given a false answer on enrolment under item I (f) or for unsatisfactory service under item 2 (b) or is unsuitable for further service under item 5 (b) (iii) of Appendix I to this Volume and who has completed at least 15 years' service may be awarded such portion of the service pension and terminal grant assessed under Article 206.77 and 206.78 (5) as the Ministry may determine having regard to the circumstances of the case.

(2) A man who is released with ignominy under item I (a) and (b) or for misconduct under item I (c) or for having been convicted by the civil power for a felony and who has completed at least 15 years' service may be awarded such pension and terminal grant not exceeding 90 per cent of that otherwise admissible as the Ministry may determine having regard to the circumstances of the case."

Regulation 7—Article 206.85 replaced

Article 206.85 of the Principal Regulations is hereby replaced by the following new Article:

"206.85. Scale of Gratuities

Subject to the provisions of Article 206.86, gratuities may be awarded to men at the following rates:

(a) for the release on completion of 5 years' service a man shall be entitled to a year's pensionable emolument;

(b) for each additional year of qualifying service (after 5 years) up to 10 years, one-sixth of a year's pensionable emolument; for each additional year of qualifying service(after 10 years) up to 15 years, one-fifth of a year's pensionable emolument."

Regulation 8—Article 206.88 Amended

Article 206.88 of the Principal Regulations is hereby amended by the substitution for (2) thereof of the following:

"(2) A man serving on a normal engagement during any such period, who during its currency, completes 15 years' service reckonable for pension under the terms of section VII of this chapter may be allowed, with effect from the date of completion of 15 years' service or from any date thereafter for so long as these provisions continue in operation to elect to receive an immediate award of pension and terminal grant calculated on his qualifying service up to the date on which his election has effect.  If he so elects, he will thereafter be regarded for pension and terminal grant purposes as a re-employed pensioner.”

Regulation 9—Commencement

These Regulations shall be deemed to have come into force on the 1st day of May, 1985.

 

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

 

Date of Gazette Notification: 24th October, 1986.

 

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