BEGGARS AND DESTITUTES DECREE, 1969 (NLCD 392)

ARRANGEMENT OF PARAGRAPHS

Paragraph

1. Institutions.

2. Begging to be an Offence.

3. Powers of Magistrate.

4. Transfer from Prison to Institution.

5. Encouraging Begging to be an Offence.

6. Destitutes.

7. Powers of Magistrate.

8. Release from Institution.

9. Removal to Another Institution.

10. Escape by Destitute to be an Offence.

11. Regulations.

12. Interpretation.

13. Repeal.

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:—

Paragraph 1—Institutions.

The Minister may establish institutions at such places as he thinks fit for the reception and care of destitutes and may by executive instrument declare any place previously used for the reception and care of destitutes and, with the concurrence of the Minister responsible for Health, any place used for the reception and care of persons suffering from leprosy and any hospital or any part thereof, to be an institution for the purposes of this Decree.

Paragraph 2—Begging to be an Offence.

(1) Any person found begging and any person wandering or placing himself in any premises or place for the purpose of begging may be arrested by a police officer without warrant and shall be liable on conviction to a fine not exceeding fifty new cedis or to imprisonment not exceeding three months or to both.

(2) A person shall not be deemed to be begging by reason only of soliciting or receiving alms in accordance with a religious custom or the custom of a community or for a public charitable purpose or organised entertainment.

(3) Sub-paragraph (1) of this paragraph shall not apply to a juvenile, nor to a collector duly authorised under the provisions of the Public Collections Act, 1961 (Act 59) or to any collection or person to which or to whom section 5 of that Act applies.

Paragraph 3—Powers of Magistrate.

(1) Any magistrate before whom any person arrested under the preceding paragraph is brought shall enquire into the circumstances and character of the offender and for that purpose may order any officer of the Department of Social Welfare and Community Development to investigate and make a report to him within such time as he may think fit.

(2) If any officer of the Department of Social Welfare reports that the offender is suffering from any infectious or contagious disease, and that facilities are available for the treatment of such disease in a Government hospital, the magistrate may, if satisfied that such a course is practicable in all the circumstances, order that the offender be admitted to a specified Government hospital, and may order that pending such admission he be admitted to reside in a suitable institution.

(3) The magistrate may issue his summons requiring any relative of the offender to appear before him, and may, if he is satisfied that the case may best be so dealt with, commit the offender to the care of a relative or other fit person who is willing to undertake the care of him.

(4) Where an offender is dealt with under the preceding sub-paragraph, the magistrate may, if he thinks fit, order the relative of the offender to give security for the good behaviour of the offender for a period not exceeding one year.

Paragraph 4—Transfer from Prison to Institution.

(1) Where the Director of Prisons is of the opinion that the rehabilitation of a person serving a term of imprisonment for an offence under paragraph 2 may best be served by his transfer from prison to an institution, the Director of Prisons may, with the consent of the Chief Social Welfare and Community Development Officer, and subject to sub-paragraph (3) of paragraph 7, order the transfer of such person to a specified institution.

(2) Where an order is made under the preceding sub-paragraph, the Chief Social Welfare and Community Development Officer may order such person to reside in the specified institution for such period as he thinks fit.

Paragraph 5—Encouraging Begging to be an Offence.

Any person who permits or encourages another person to commit an offence under paragraph 2 may be arrested by a police officer without warrant, and shall be liable on conviction to a fine not exceeding fifty new cedis or to imprisonment not exceeding three months or to both.

Paragraph 6—Destitutes.

(1) Any person found wandering about and unable to show that he has any settled place of abode or any employment or visible and sufficient means of subsistence and any defective found neglected or abandoned shall be deemed to be a destitute.

(2) Any police officer may require a person who is apparently a destitute to accompany him to appear before a magistrate, and may take such person to a police station or institution and such person may be there detained for not more than twenty-four hours or until it is practicable to appear before a magistrate, whichever is the shorter period.

(3) Any person who is apparently a destitute and who refuses or fails to accompany a police officer or to appear before a magistrate when required to do so may be arrested by a police officer without warrant, and shall be liable on conviction to a fine of ten new cedis or in default to imprisonment not exceeding one month.

Paragraph 7—Powers of Magistrate.

(1) The Magistrate shall, in such case, and may in any other case where a person who is apparently a destitute comes before him, enquire into the circumstances and character of such person and for that purpose may order any officer of the Department of Social Welfare and Community Development to investigate and make a report to him within such time as he thinks fit and pending the result of such inquiry may, subject to sub-paragraph (3) of this paragraph, order such person to reside in a suitable institution.

(2) If after any such inquiry the magistrate is satisfied that the person brought before him is a destitute, he may if he thinks fit declare that person to be a destitute and may either—

(a) order any relative or other fit person of that person to take him under his care; or

(b) subject to sub-paragraph (3) of this paragraph order the person to reside in a suitable institution for such period as he thinks fit.

(3) No person shall be ordered to reside in an institution which is a hospital or place used for the reception and care of persons suffering from leprosy without the prior approval of the officer in charge of that institution.

Paragraph 8—Release from Institution.

(1) The Chief Social Welfare and Community Development Officer may, if satisfied at any time that any person resident in an institution other than a hospital or place used for the reception and care of persons suffering from leprosy is likely to be rehabilitated outside the institution and notwithstanding any order of a magistrate under paragraph 7, order the release of such person on such conditions as he may specify.

(2) The officer in charge of an institution being a hospital or place used for the reception and care of persons suffering from leprosy may at any time, notwithstanding any order of a magistrate under paragraph 7, discharge any person ordered to reside in that institution by the magistrate to the custody of an officer of the Department of Social Welfare and Community Development having first given not less than seven days prior notice of the discharge to such officer.

Paragraph  9—Removal to Another Institution.

The Chief Social Welfare and Community Development Officer may at any time order the removal of any person from an institution in which he has been ordered to reside by a magistrate to any other institution:

Provided that no order of removal to a hospital or place used for the reception and care of persons suffering from leprosy shall be made without the written concurrence of the officer in charge of that hospital or place.

Paragraph 10—Escape by Destitute to be an Offence.

(1) Any destitute who escapes from the police whilst committed to their charge under paragraph 6, or who leaves an institution without permission from the officer in charge thereof or who having with such permission left an institution for a limited time or a specified purpose fails to return on the expiration of such time or when such purpose has been accomplished or proves impracticable or who fails to comply with or contravenes any conditions imposed by the Chief Social Welfare and Community Development Officer on his release, shall be liable on conviction to imprisonment not exceeding three months.

(2) A magistrate may where he thinks fit in lieu of imprisonment order that a destitute who leaves an institution in the circumstances of the preceding sub-paragraph shall be returned to the institution from whence he came.

Paragraph 11—Regulations.

The Minister may make such regulations as he may think fit for the more effectual carrying out of the provisions of this Decree.

Paragraph 12—Interpretation.

In this Decree

"defective" means a person in whose case there exists mental defectiveness to such a degree that he is unable to guard himself against common physical dangers or is incapable of managing himself or his affairs or requires care, supervision and control for his own protection or for the protection of others;

"institution" means an institution for the reception and care of destitutes established or declared to be such by the Minister under paragraph 1;

"juvenile" means a person under the age of seventeen years;

"Minister" means the Minister responsible for Labour and Social Welfare.

Paragraph 13—Repeal.

The Control of Beggars and Destitutes Ordinance, 1957 (No. 36) is hereby repealed.

Made this 11th day of September, 1969.

BRIGADIER A. A. AFRIFA

Chairman of the National Liberation Council

Date of Gazette Notification: 19th September, 1969.