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              ACTS OF GHANA

                      THIRD  REPUBLIC

COMMISSION OF INQUIRY INTO THE AFRICAN TIMBER AND PLYWOOD (GHANA) LIMITED INSTRUMENT, 1980 (CI 14)

ARRANGEMENT OF SECTIONS

Section

1. Appointment of Commission

2. Terms of Reference of Commission

3. Mode of Operation Commission

4. Secretary

5. Appearance of Counsel

6. Privileges and Immunities of Witnesses and Counsel

7. Expenses in Relation to Commission

8. Public Officers to Assist Commission

WHEREAS  the President is satisfied that there should be appointed a Commission of inquiry into the African Timber And Plywood (Ghana) Limited;

NOW THEREFORE, in exercise of the powers conferred on the President by clause (1) of article 196 of the Constitution, this Instrument is made this 19th day of November, 1980.

Section 1—Appointment of Commission.

There is hereby appointed a Commission of inquiry consisting of the following persons—

Mr. Anthony Forson, Legal Practitioner     . .         . .         . .     Chairman

Mr. William Dawson Asaan, Chartered Accountant . .         . .     Member

Mr. C. C. D. Baeta, Administrative Manager,

Subin Timbers Company Limited    . .         . .         . .         . .     Member

(2) The Commission shall at any time be deemed to be duly constituted if the Chairman and one other member are present.

Section 2—Terms of Reference of Commission.

The terms of reference of the Commission shall be—

(a) to inquire into the operations of the African Timber and Plywood (Ghana) Limited since the Government took over the management in 1976;

(b) to ascertain whether the investment made therein is justified and if not what cause or causes account for the present state of affairs;

(c) to inquire into the management practices of the African Timber and Plywood (Ghana) Limited;

(d) to inquire into the sales procedure adopted by the African Timber and Plywood (Ghana) Limited;

(e) to inquire into any other matter which appears to the Commission to the incidental to, or reasonably related to the foregoing and which, in the opinion of the Commission, ought to be inquired into; and

(f)  to submit its report to the President within three months of inauguration giving reasons for its findings and making such recommendations as the Commission thinks fit.

Section 3—Mode of Operation Commission.

The Commission shall carry out its inquiry in accordance with the provisions of articles 197, 198 and 199 of the Constitution.

Section 4—Secretary.

Mr. Ofosu Asante, Administrative Officer, Western Regional Administration, shall be Secretary to the Commission and shall perform such administrative functions relating to the work of the Commission as the Commission may prescribe.

Section 5—Appearance of Counsel.

1. Any person whose conduct is the subject of inquiry by the Commission or who is in any way implicated or concerned in any matter under investigation by the Commission shall be entitled to be represented by counsel at the inquiry.

2. Any other person who may consider it desirable that he should be represented by counsel may be allowed by the Commission to the so represented.

Section 6—Privileges and Immunities of Witnesses and Counsel.

A witness or counsel appearing before the Commission shall be entitled to the same privileges and immunities as a witness or counsel appearing before the High Court.

Section 7—Expenses in Relation to Commission.

1. Any witness summoned by the Commission shall be entitled to such allowances as are payable to a witness summoned by the High Court in a criminal trial.

3. The Chairman and other members of the Commission and any person employed in relation with the functions of the Commission may be paid such travelling, sitting and other allowances, if any, as the President may approve on the recommendations of the Minister responsible for Finance.

Section 8—Public Officers to Assist Commission.

1. The Attorney-General shall appoint counsel for the Commission.

2. The Inspector-General of Police shall detail Police Officers to attend upon the Commission to serve summonses on witnesses and to perform such other functions relating to the Commission as the members of the Commission may direct.

DR. HILLA LIMANN

President

Date of Gazette Notification: 5th December, 1980.

 

 

 

 

 

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