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             ACTS OF GHANA

                                                                 

                        NATIONAL LIBERATION COUNCIL DECREE

 

ARMED FORCES (REVISED PENSIONS PROVISIONS) DECREE, 1967 (NLCD 187)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Grant of pensions to members of armed forces

2. Retrospective regulations

3. Law Applicable to grant of pensions or gratuity

3A. Procedure for payment of pensions and gratuity

4. Pensions and gratuities charged on the consolidated Fund

5. Pensions or gratuities to widows and children etc

6. Conditions for the grant of pensions

7. Regulations may be published in separate series.

8. Interpretation.

9. Repeal.

10. Commencement

IN pursuance of the Proclamation entitled "Proclamation for the Constitution of a National Liberation Council for the Administration of Ghana and for other matters connected therewith", published in Gazette No.11 of Monday, 28th February, 1966, this Decree is hereby made:

Section 1—Grant of Pensions to Members of Armed Forces.

The National Liberation Council may grant retired pay, pensions, gratuities or other allowances in the nature thereof (hereafter in this Decree referred to as "pensions or gratuities") to officers and men of the Armed Forces in accordance with the provisions  of this Decree and any regulations which the National Liberation  Council may by legislative instrument make in relation thereto.

Section 2—Retrospective Regulations.

Whenever the National Liberation Council is satisfied that it is equitable that any regulation relating to pensions or gratuities  made under this Decree or under the Armed Forces Act, 1962 (Act 105) should have a retrospective effect in order to confer a  benefit upon or remove a disability attaching to any person, that  regulation may be given a retrospective effect for that purpose.

Section 3—Law Applicable to Grant of Pensions or Gratuity.

Subject to the provisions of this Decree or any regulations made thereunder, pensions or gratuities granted under this Decree shall be computed in accordance with the law or regulation in force at the date of retirement of an officer or man.

Section 3A— Procedure for Payment of Pensions and Gratuity.

(1) Not later than two weeks after the terminal leave of a retiring officer or man, and subject to verification by the Auditor-General, the Controller and Accountant-General shall compute and pay to such officer or man the appropriate pension or gratuity due to him.

(2) As soon as practicable after the computation and payment of the pension or gratuity in the manner aforesaid, the Controller and Accountant-General shall submit to the National Redemption Council a copy of the Schedule showing the payments so made.

(3) This paragraph shall have effect notwithstanding anything to the contrary. [As inserted by the Armed Forces (Revised Pensions Provisions) (Amendment) Decree, 1973 (NRCD 157)].

Section 4—Pensions and Gratuities Charged on the Consolidated Fund.

There is hereby charged on the Consolidated Fund all sums of money granted by the National Liberation Council by way of pensions or gratuities in accordance with this Decree or any other enactment.

Section 5—Pensions or Gratuities to Widows and Children Etc.

The National Liberation Council may grant pensions or gratuities to the widows, children or dependants of officers and men of the Armed Forces in accordance with regulations which the National Liberation Council may by legislative instrument make in relation thereto.

Section 6—Conditions for the Grant of Pensions.

The National Liberation Council may by legislative instrument prescribe the conditions and circumstances under which pensions or gratuities may be granted under this Decree.

Section 7—Regulations may be Published in Separate Series.

Notwithstanding anything in rule 1 (2) of the Statutory Instruments Rules, 1960 (L.I. 39) it shall not be necessary to publish in the Legislative Instrument series any regulations made under this Decree or under section 97 of the Armed Forces Act, 1962 (Act 105), but any such instrument not so published shall be published by the Government Printer in a separate Legislative Instrument series to be marked "L.I. (A.F.)" followed consecutively by the number allocated by the Government Printer to that instrument.

Section 8—Interpretation.

In this Decree "man" means any person, other than an officer, who is enrolled in any of the Armed Forces: "officer" means a person commissioned under the Armed Forces Act, 1962 (Act 105) or under any law relating to any of the Armed Forces.

Section 9—Repeal.

The following enactments are hereby repealed—

(a) The Military Pensions Ordinance, 1954 (No. 16); and

(b) The Armed Forces Act, 1962 (Interim Amendment) Decree, 1966 (N.L.C.D. 62).

Section 10—Commencement.

This Decree shall be deemed to have come into force on the 1st day of February, 1966.

Made this 11th day of July, 1967.

LT.-GEN. J. A. ANKRAH

Chairman of the National Liberation Council

 

Date of Gazette Notification: 14th July, 1967.

 

 

amended by

ARMED FORCES (REVISED PENSIONS PROVISIONS) (AMENDMENT) DECREE, 1973 (NRCD 157)1

 

 

 

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