|
IN exercise of the powers
conferred on the Supreme Military
Council by section 43 of the Civil
Service Act, 1960 (C.A. 5), and
after consultation with the Public
Services Commission these
Regulations are made this 8th day
of November, 1978.
Regulation 1—L. I. 47 Amended.
The Civil Service (Interim)
Regulations, 1960 (L.I. 47), as
amended is hereby further amended
as follows:
(a) by the substitution for
regulation 46 thereof of the
following new regulation—
“46. Disciplinary Authorities
(1) The Disciplinary Authority
for—
(a) the holders of Category A
posts in a Ministry or Department;
or
(b) the holders of Category B
posts in a Ministry or attached to
a Ministry (not being posts in the
administrative class) shall the
Commissioner holding the portfolio
for the Ministry or Department
concerned.
(2) (a) The disciplinary
authority for the holders of
Category B posts in the
Administrative Class shall be the
Secretary to the Supreme Military
Council or the Head of the
Ministry or Department concerned.
(b) The disciplinary authority for
the holders of category B posts in
a special Department shall be the
Head of the Department, unless the
head of Department is himself the
holder of a Category B post in
which case the disciplinary
authority shall be the Secretary
to the Supreme Military Council.
(3) Without prejudice to
sub-regulation (2) of this
regulation where the disciplinary
authority for a Category B Civil
Servant considers that a major
penalty should be inflicted, he
shall inform the civil servant
concerned in writing of the charge
or charges which have been
established and the penalty which
he intends to recommend and invite
him to submit any representations
which he may wish to make for the
consideration of the Supreme
Military Council. On receipt of
the civil servant’s
representations (if any) the
disciplinary authority shall
forward them together with a copy
of the charge or charges, the
accused civil servant’s reply to
the charge or charges, the
proceedings of the inquiry, the
findings of the Inquiry Officer,
and his own recommendation as to
the penalty to be inflicted to the
Supreme Military Council for
confirmation.
(4) The disciplinary, authority
for the holders of Category C
posts in the administrative class
shall be the Secretary to the
Supreme Military Council or the
Head of the Ministry or Department
concerned.
(5) The disciplinary authority for
the holders of all other category
C posts and all category D posts
shall be the Head of Department."
(c) by the substitution for
paragraphs (a) to (d) of
sub-regulation (6) of regulation
60 thereof of the following new
sub-regulation:
“(6) Appeals Shall lie as follows:
(a) An appeal by a Category A
civil servant in a Ministry or
Department against the decision by
his Commissioner involving a minor
penalty shall lie to Supreme
Military Council which shall be
advised by the Public Services
Commission.
(b) An appeal by a Category B
civil servant in the
Administrative Class or in a
special Department against a
decision by the Secretary to the
Supreme Military Council or the
Head of his Ministry, or
Department, as the case may be,
involving a minor penalty shall
lie to the Supreme Military
Council which shall, be advised by
the Public Services Commission.
(c) An appeal by any other
Category B civil servant against a
decision by his Commissioner
involving a minor penalty shall
lie to the Supreme Military
Council which shall be advised by
the Public Services Commission.”
(d) An appeal by a Category C
civil servant, in the
Administrative Class or in a
special Department against a
decision by the Secretary to the
Supreme Military Council or his
Head of Ministry or Department, as
the case may be, shall lie to the
Supreme Military Council which
shall be advised by the Public
Services Commission."
Regulation 2—Commencement.
These Regulations shall be deemed
to have come into force on this
8th day of November, 1978.
LT.-GENERAL F. W. K. AKUFFO
Chairman of the Supreme Military
Council
Date of Gazette Notification: 15th
December, 1978.
DIPLOMATIC IMMUNITIES INSTRUMENT,
1978 (LI 1180)
WHEREAS it is decided to extend
certain immunities and privileges
provided under the Diplomatic
Immunities Act, 1962 (Act 148) to
the Science Education Programme
for Africa (SEPA) and certain
persons:
NOW, THEREFORE, in exercise of the
powers conferred on the Supreme
Military Council by section 2 of
the Diplomatic Immunities Act,
1962 (Act 148) this Instrument is
made this 20th day of November,
1978.
Certain Provisions of Act 148 to
Apply to SEPA and Certain Persons
The provisions of the Diplomatic
Immunities Act, 1962 (Act 148)
relating to—
(a) Premises of Mission;
(b) Archives and Documents;
(c) Freedom of Movement;
(d) Communications;
(e) Fees and Charges; and
(f) Personal Immunities and
Privileges as specified in the
Schedule hereto shall apply to the
Science Education Programme for
Africa (SEPA), its Executive
Secretary and officials and other
persons to whom they relate.
SCHEDULE
IMMUNITIES AND PRIVILEGES UNDER
THE DIPLOMATIC IMMUNITIES ACT,
1962 (ACT 148) EXTENDED TO SCIENCE
EDUCATION PROGRAMME FOR AFRICA AND
CERTAIN PERSONS
Article 22
1. The premises of the mission
shall be inviolable. The agents
of the receiving State may not
enter them, except with the
consent of the head of the
mission.
2. The receiving State is under a
special duty to take all
appropriate steps to protect the
premises of the mission against
any intrusion or damage and to
prevent any disturbance of the
peace of the mission or impairment
of its dignity.
3. The premises of the mission,
their furnishings and other
property thereon and the means of
transport of the mission shall be
immune from search, requisition,
attachment or execution.
Article 23
1. The sending State and the head
of the mission shall be exempt
from all national, regional or
municipal dues and taxes in
respect of the premises of the
mission, whether owned or leased,
other than such as represent
payment for specific services
rendered.
2. The exemption from taxation
referred to in this Article shall
not apply to such dues and taxes
payable under the law of the
receiving State by persons
contracting with the sending State
or the head of the mission.
Article 24
The archives and documents of the
mission shall be inviolable at any
time and wherever they may be.
Article 26
Subject to its laws and
regulations concerning zones entry
into which is prohibited or
regulated for reasons of national
security, the receiving State
shall ensure to all members of the
mission freedom of movement and
travel in its territory.
Article 27
1. The receiving State shall
permit and protect free
communication on the part of the
mission for all official purposes.
In communicating with the
Government and the other missions
and consulates of the sending
State, wherever situated, the
mission may employ all appropriate
means, including diplomatic
couriers and messages in code or
cipher. However, the mission may
install and use a wireless
transmitter only with the consent
of the receiving State.
2. The official correspondence of
the mission shall be inviolable,
Official correspondence means all
correspondence relating to the
mission and its functions.
3. The diplomatic bag shall not be
opened or detained.
4. The packages constituting the
diplomatic bag must bear visible
external marks of their character
and may contain only diplomatic
documents or articles intended for
official use.
5. The diplomatic courier, who
shall be provided with an official
document indicating his status and
the number of packages
constituting the diplomatic bag,
shall be protected by the
receiving State in the performance
of his functions. He shall enjoy
personal inviolability and shall
not be liable to any form of
arrest or detention.
6. The sending State or the
mission may designate diplomatic
couriers ad hoc. In such cases
the provisions of paragraph 5 of
this Article shall also apply,
except that the immunities therein
mentioned shall cease to apply
when such a courier has delivered
to the consignee the diplomatic
bag in his charge.
7. A diplomatic bag may be
entrusted to the captain of a
commercial aircraft scheduled to
land at an authorised port of
entry. He shall be provided with
an official document indicating
the number of packages
constituting the bag but he shall
not be considered to be diplomatic
courier. The mission may send one
of its members to take possession
of the diplomatic bag directly and
freely from the captain of the
aircraft.
Article 28
The fees and charges levied by the
mission in the course of its
official duties shall be exempt
from all dues and taxes.
Article 29
The person of a diplomatic agent
shall be inviolable. He shall
not be liable to any form of
arrest or detention. The
receiving State shall treat him
with due respect and shall take
all appropriate steps to prevent
any attack on his person, freedom
or dignity.
Article 30
1. The private residence of a
diplomatic agent shall enjoy the
same inviolability and protection
as the premises of the mission.
2. His papers, correspondence and,
except as provided in paragraph 3
of Article 31, his property, shall
likewise enjoy inviolability.
Article31
(1) A diplomatic agent shall enjoy
immunity from the criminal
jurisdiction of the receiving
State. He shall also enjoy
immunity from its civil and
administrative jurisdiction,
except in the cases of:
(a) a real action relating to
private immovable property
situated in the territory of the
receiving State, unless he holds
it on behalf of the sending State
for the purpose of the mission;
(b) an action relating to
succession in which the diplomatic
agent is involved as executor,
administrator, heir or legatee as
a private person and not on behalf
of the sending State;
(c) an action relating to any
professional or commercial
activity exercised by the
diplomatic agent in the receiving
State outside his official
functions.
2. A diplomatic agent is not
obliged to give evidence as a
witness.
3. No measures of execution may be
taken in respect of a diplomatic
agent except in the cases coming
under sub-paragraphs (a) (b) and
(c) of paragraph 1 of this
Article, and provided that the
measures concerned can be taken
without infringing the
inviolability of his person or of
his residence.
4. The immunity of a diplomatic
agent from the jurisdiction of the
receiving State does not exempt
him from the jurisdiction of the
sending State.
Article 32
1. The immunity from jurisdiction
of diplomatic agents and of
persons enjoying immunity under
Article 37 may be waived by the
sending State.
2. Waiver must always be express.
3. The initiation of proceedings
by a diplomatic agent or by a
person enjoying immunity from
jurisdiction under Article 37
shall preclude him from invoking
immunity from jurisdiction in
respect of any counterclaim
directly connected with the
principal claim.
4. Waiver of immunity from
jurisdiction in respect of civil
or administrative proceedings
shall not be held to imply waiver
of immunity in respect of the
execution of the judgement, for
which a separate waiver shall be
necessary.
Article 33
1. Subject to the provisions of
paragraph 3 of this Article a
diplomatic agent shall with
respect to services rendered for
the sending State be exempt from
social security provisions which
may be in force in the receiving
State.
2. The exemption provided for in
paragraph 1 of this Article shall
also apply to private servants who
are in the sole employ of a
diplomatic agent, on condition:
(a) that they are not nationals of
or permanently resident in the
receiving State; and
(b) that they are covered by the
social security provisions which
may be in force in the sending
State or a third State.
3. A diplomatic agent who employs
persons to whom the exemption
provided for in paragraph 2 of
this Article does not apply shall
observe the obligations which the
social security provisions of the
receiving State impose upon
employers.
4. The exemption provided for in
paragraphs 1 and 2 of this Article
shall not preclude voluntary
participation in the social
security system of the receiving
State provided that such
participation is permitted by that
State.
5. The provisions of this Article
shall not affect bilateral or
multilateral agreements concerning
social security concluded
previously and shall not prevent
the conclusion of such agreements
in the future.
Article 34
A
diplomatic agent shall be exempt
from all dues and taxes, personal
or real, national, regional or
municipal, except:
(a) indirect taxes of a kind which
are normally incorporated in the
price of goods or services;
(b) dues and taxes on private
immovable property situated in the
territory of the receiving State,
unless he holds it on behalf of
the sending state for the purpose
of the mission;
(c) estate, succession or
inheritance duties levied by the
receiving State, subject to the
provisions of paragraph 4 of
Article 39;
(d) dues and taxes on private
income having its source in the
receiving State and capital taxes
on investments made in commercial
undertakings in the receiving
State;
(e) charges levied for specific
services rendered;
(f) registration, court or record
fees, mortgage dues and stamp
duty, with respect to immovable
property, subject to the
provisions of Article 23.
Article 35
The receiving State shall exempt
diplomatic agents from all
personal services from all public
service of any kind whatsoever and
from military obligations such as
those connected with
requisitioning, military
contributions and billetings.
Article 36
1. The receiving State shall, in
accordance with such laws and
regulations as it may adopt,
permit entry of and grant
exemption from all customs duties,
taxes, and related charges other
than charges for storage, cartage
and similar services, on;
(a) articles for the official use
of the mission;
(b) articles for the personal use
of a diplomatic agent or members
of his family forming part of his
household, including articles
intended for his establishment.
2. The personal baggage of a
diplomatic agent shall be exempt
from inspection, unless there are
serious grounds for presuming that
it contains articles not covered
by the exemptions mentioned in
paragraph 1 of this Article, or
articles the import or export of
which is prohibited by the law or
controlled by the quarantine
regulations of the receiving
State. Such inspection shall be
conducted only in the presence of
the diplomatic agent or of his
authorised representative.
Article 37
1. The members of the family of a
diplomatic agent forming part of
his household shall, if they are
not nationals of the receiving
State, enjoy the privileges and
immunities specified in Articles
29 to 36.
2. Members of the administrative
and technical staff of the
mission, together with members of
their families forming part of
their respective households,
shall, if they are not nationals
of or permanently resident in the
receiving State, enjoy the
privileges and immunities
specified in Articles 29 to 35,
except that the immunity from
civil and administrative
jurisdiction of the receiving
State specified in paragraph 1 of
Article 31 shall not extend to
acts performed outside the course
of their duties. They shall also
enjoy the privileges specified in
Article 36, paragraph 1, in
respect of articles imported at
the time of first installation.
3. Members of the service staff of
the mission who are not nationals
of or permanently resident in the
receiving State shall enjoy
immunity in respect of acts
performed in the course of their
duties, exemption from dues and
taxes on the emoluments they
receive by reason of their
employment and the exemption
contained in Article 33.
4. Private servants of members of
the mission shall, if they are not
nationals of or permanently
resident in the receiving State,
be exempt from dues and taxes on
the emoluments they receive by
reason of their employment. In
other respects, they may enjoy
privileges and immunities only to
the extent admitted by the
receiving State. However, the
receiving State must exercise its
jurisdiction over those persons in
such a manner as not to interfere
unduly with the performance of the
functions of the mission.
LT.GENERAL F. W. K. AKUFFO
Chairman of the Supreme Military
Council
Date of Gazette Notification: 8th
December, 1978. |
