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             ACTS OF GHANA

                                                                   

                   ARMED FORCES REVOLUTIONARY COUNCIL DECREE

CONFISCATED ASSETS (RECOVERY AND DISPOSAL) COMMITTEE DECREE, 1979 (AFRCD 25)

 

ARRANGEMENT OF SECTIONS

Section

1. Establishment of Committee.

2. Functions of Committee.

3. Membership of Committee.

4. Secretary and Staff of Committee.

5. Meetings of Committee.

6. Summons to attend and give Evidence.

7. Offences.

8. Police Officers to Assist Committee.

9. Commencement.

BE IT ENACTED by the Armed Forces Revolutionary Council as follows:—

Section 1—Establishment of Committee.

There is hereby established a body to be known as the Confiscated Assets (Recovery and Disposal) Committee (in this Decree referred to as "the Committee").

Section 2—Functions of Committee.

(1) Subject to the written directions of the Armed Forces Revolutionary Council the functions of the Committee are—

(a) to locate and take an inventory of all assets and properties confiscated to the State by the Armed Forces Revolutionary Council;

(b) to make to the Armed Forces Revolutionary Council recommendations as to the disposal of any assets and properties confiscated to the State by the Armed Forces Revolutionary Council; and

(c) to ensure that the beneficiaries of confiscated assets and properties do not include individuals and non-State organisations.

(2) It shall also be the function of the Committee to see to the implementation of any decisions of the Armed Forces Revolutionary Council in respect of any such assets and properties.

Section 3—Membership of Committee.

(1) The Committee shall consist of such persons as may be appointed by the Armed Forces Revolutionary Council.

(2) The Committee shall have a Chairman who shall be appointed by the Armed Forces Revolutionary Council.

Section 4—Secretary and Staff of Committee.

The Armed Forces Revolutionary Council may provide the services of a Secretary and such other staff as the Committee may require for the discharge of its functions.

Section 5—Meetings of Committee.

(1) The Committee shall meet at such places and times as the Committee may determine.

(2) At every meeting of the Committee the Chairman shall preside and in his absence such other person as the Armed Forces Revolutionary Council may determine shall preside.

(3) The quorum at any meeting of the Committee shall be 15.

(4) Subject to the provisions of this Decree the Committee shall determine its own procedure.

(5) The validity of any proceedings of the Committee shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

(6) Every question before a meeting of the Committee shall be determined by a simple majority of the members present and voting thereon.

Section 6—Summons to attend and give Evidence.

(1) The Committee may by summons issued under the hand of the Chairman require any person—

(a) to attend at such time and place as is specified in the summons to give evidence or to produce any document or thing in his possession or control which relates to any matter specified in the summons; or

(b) to give the Committee any information that may be specified in the summons.

(2) Any person summoned to appear before the Committee under subsection (1) of this section may be examined on oath and the Committee may for that purpose administer the oath.

Section 7—Offences.

Any person who—

(a) refuses or wilfully neglects to attend in obedience to a summons issued under paragraph 6 (1) of this Decree or to give evidence as required by such summons;

(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any document or thing which he is required to produce by such summons; or

(c) refuses or wilfully neglects to furnish any information required of him by such summons,

shall be guilty of an offence and on summary conviction be liable to a fine not exceeding ¢1,000.00 or to imprisonment not exceeding six months or to both.

Section 8—Police Officers to Assist Committee.

The Inspector-General of Police shall detail Police Officers to attend upon members of the Committee, to preserve order during proceedings of the Committee, to serve summons on witnesses and to perform any other functions relating to the work of the Committee as the Committee may direct.

Section 9—Commencement.

This Decree shall be deemed to have come into force on the 4th day of June, 1979.

Made this 18th day of September, 1979.

FLT. LT.  JERRY JOHN RAWLINGS

Chairman of the Armed Forces Revolutionary Council

 

Date of Gazette Notification: 19th September 1979

 

 

 

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