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BORDER DEMARCATION COMMISSION
DECREE, 1968 (NLCD 235)
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Appointment of Border
Demarcation Commission.
2. Matters for which an instrument
may provide.
3. Appointment of a Secretary.
4. Powers of the Commission in
respect of physical demarcation.
5. Procedure.
6. Powers in respect of taking
evidence.
7. Police officers to attend on
members of the Commission.
8. Expenses in relation to
Commission.
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—Appointment of Border
Demarcation Commission.
(1) The National Liberation
Council may, by legislative
instrument, appoint a Commission—
to negotiate with any neighbouring
country concerning the border
between Ghana and that country, to
undertake the physical demarcation
of the border line agreed upon and
to hold such enquiries as are
necessary to solve any human
problems occasioned by the border
demarcation.
(2) The Commission may deal with
some or all of the matters
mentioned in the preceding
sub-paragraph.
Paragraph 2—Matters for which an
Instrument may Provide.
(1) An instrument made under the
foregoing paragraph may make
provision for such incidental or
supplementary matters as appear to
be necessary or expedient for, or
in connection with, the
appointment and functioning of the
Commission.
(2) An instrument appointing a
Commission consisting of two or
more members shall designate one
of the members to be chairman of
the Commission.
Paragraph 3—Appointment of a
Secretary.
The instrument appointing the
Commission shall designate a
person as Secretary to the
Commission who shall perform such
functions relating to the work
thereof as the Commission may
prescribe.
Paragraph 4—Powers of the
Commission in respect of Physical
Demarcation.
(1) For the purposes of the
physical demarcation, the
Commission shall have the power to
enter upon any land, have all
reasonable access to any land, and
place upon any land in the line of
demarcation any beaconing objects.
(2) It shall be an offence,
punishable by a fine not exceeding
200 New Cedis or by an
imprisonment not exceeding one
year, for any person to remove or
in any way interfere with any
beaconing objects fixed on the
land or on any objects thereon by
or under the authority of the
Commission.
Paragraph 5—Procedure.
(1) Subject to its terms of
reference, the Commission may fix
the time and place for work and
meetings and may prescribe its own
rules of procedure.
(2) Where the Commission consists
of two or more members who are
equally divided on any question
arising in the course of its
proceedings the Chairman shall
have a second or casting vote.
Paragraph 6— Powers in Respect of
taking Evidence.
The Commission shall have all such
powers, rights and privileges as
are vested in a Commission of
Enquiry (in respect of taking
evidence), by virtue of section 6
of the Commissions of Enquiry Act,
1964 (Act 250) and the Schedule
thereto; and the offences relating
to the taking of evidence set out
in section 7 of the said Act shall
also apply to the proceedings of a
Commission appointed under this
Decree, with or without
modifications.
Paragraph 7—Police Officers to
attend on Members of the
Commission.
An instrument made under this
Decree shall direct the
Inspector-General of police to
detail police officers to attend
upon the members of the Commission
and to perform such other
functions relating to the
Commission as the Commission may
direct.
Paragraph 8—Expenses in Relation
to Commission.
(1) Any witness summoned by the
Commission shall be entitled to
such allowance as is payable to a
witness summoned by the High Court
in a criminal trial.
(2) The National Liberation
Council may direct such
remuneration, if any, as it thinks
fit to be paid to the Secretary to
the Commission who shall perform
such functions relating to the
work thereof as the Commission may
prescribe.
(3) A Commissioner shall not be
entitled to any remuneration other
than the actual expenses incurred
by him in discharging his
functions under the Instrument
appointing him, but the National
Liberation Council may, in special
cases, provide for a special
remuneration to be paid to a
Commissioner.
(4) All expenses incurred by a
Commission appointed under this
Decree shall be a charge on the
Consolidated Fund.
Made this 27th day of February,
1968.
LT.-GEN. J. A. ANKRAH
Chairman of the National
Liberation Council.
Date of Gazette Notification: 5th
April, 1968.
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