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CURRENCY ACT, 1964 (ACT 242)
As amended
ARRANGEMENT OF SECTIONS
Section
PART I—ACTS TENDING TO DEPRECIATE
THE CURRENCY
1. Discounting of coins or notes.
2. Purchase of silver coin for
amount exceeding face value.
3. Prohibition of varying price.
4. Refusal to sell articles on
tender of notes, current coin.
5. Penalty.
PART II—OFFENCES RELATING TO COINS
6. Counterfeiting.
7. Unlawful enquiries relating to
current coin.
8. Gilding, silvering, filing and
altering.
9. Impairing coin and unlawful
possession of filings, etc.
10. Uttering, possession of
counterfeit coins.
11. Making, possessing, or selling
metals resembling coin.
12. Making, mending or having
possession of coin instruments,
etc.
13. Discovery and seizure of
counterfeit coins, etc.
14. Evidence of coin being
counterfeited.
15. Offence after previous
conviction.
PART III—OFFENCES RELATING TO
NOTES
16. Forgery of notes.
17. Uttering of forged notes.
18. Offences of forgery, uttering
or possession of forged notes.
19. Offences of making or having
in possession paper or implements.
20. Forgery by member of
partnership, etc.
21. Designation of note in form of
indictment.
22. Unlawful enquiries relating to
notes.
22A. Evidence of Forged Notes.
PART IV—IMPORTATION AND
EXPORTATION OF COINS OR NOTES
23. Control of importation or
exportation of coins or notes.
24. Permission to Import or Export
Coins or Notes.
25. Further penalty for illegal
exportation.
26. Prohibition of circulation of
foreign coins or notes.
27. Importation or exportation of
counterfeit coin or note.
28. Forfeiture.
29. Definitions.
PART V—MISCELLANEOUS
30. Search warrants.
31. Arrest without warrant.
32. Aiders and abettors.
33. Criminal possession.
34. Onus of proof as to authority
or excuse.
35. Presumption as to character of
coins or notes.
36. Intent to defraud or deceive.
37. Recognizances to keep the
peace.
38. Declaration of forfeiture.
39. Interpretation.
40. Repeals and Saving.
SCHEDULE
Schedule
THE TWO HUNDRED AND FORTY-SECOND
ACTOF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE CURRENCY ACT, 1964
AN ACT to amend and consolidate
the law relating to coins and
notes issued by the Bank of Ghana,
to prohibit certain acts tending
to depreciate the currency, to
provide for the prohibition of the
importation and exportation of
specified coins and notes and for
matters incidental to or connected
with the matters aforesaid.
DATE OF ASSENT: 22nd May, 1964
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—ACTS TENDING TO DEPRECIATE
THE CURRENCY
Section 1—Discounting of Coins or
Notes.
Any person who—
(a) buys or sells or offers or
attempts to buy or sell; or
(b) induces or attempts to induce
any other person to buy or sell;
or
(c) offers or accepts or offers to
accept in payment of a debt or
otherwise,
any current coin or any note at or
for a lower rate of value than its
face value, shall be guilty of an
offence.
Section 2—Purchase of Silver Coin
for Amount Exceeding Face Value.
Any person who—
(a) buys or sells or offers or
attempts to buy or sell; or
(b) induces or attempts to induce
any other person to buy or sell;
or
(c) offers or accepts or offers to
accept in payment of a debt or
otherwise,
any current silver coin which is
legal tender in Ghana for an
amount exceeding the face value of
the coin shall be guilty of an
offence.
Section 3—Prohibition of Varying
Price.
If at any sale or bargain for the
sale of goods or property any
person shall agree or stipulate or
attempt to make it a condition of
such sale that the price of such
goods or property shall—
(a) be increased if such price or
part thereof is paid in current
coin or notes; or
(b) be decreased if such price or
part thereof is paid in current
silver coin; or
(c) be variable in any manner
according as payment or part
thereof is made in current coin,
or current silver coin, or notes
that person shall be guilty of an
offence.
Section 4—Refusal to Sell Articles
on Tender of Notes, Current Coin.
If it appears to the court that
any person has refused to sell any
article exposed for sale in the
ordinary way of business and that
such refusal was due to the offer
or proposed offer by the intending
purchaser of a current coin or
note or of current coins and notes
in payment for the article so
exposed for sale, such person
shall be guilty of an offence.
Provided that no person shall be
deemed to be guilty of an offence
under this section by reason of
his refusal to accept in payment
for any article exposed for sale,
any currency coin or note which
has ceased to be legal
tender.[Inserted by the Currency
(Amendment) Decree, 1967 (NLCD
147), s. 2].
Section 5—Penalty.
(1) Any person who is guilty of
an offence under sections 1, 2, or
3 of this Part of this Act shall,
on conviction thereof, be liable
to a term of imprisonment not
exceeding ten years, or to a fine
not exceeding five hundred
Ghanaian pounds, or to both such
imprisonment and such fine.
(2) Every person who is guilty of
an offence under section 4 of this
Part of this Act shall, on
conviction thereof, be liable to a
term of imprisonment not exceeding
three years, or to a fine not
exceeding two hundred and fifty
Ghanaian pounds, or to both such
imprisonment and such fine.
PART II —OFFENCES RELATING TO
COINS
Section 6—Counterfeiting
(1) Any person who falsely makes
or counterfeits any coin
resembling or apparently intended
to resemble or pass for any
current coin shall be guilty of a
second degree felony.
(2) The offence of falsely making
or counterfeiting a current coin
shall be deemed to be complete
although the coin made or
counterfeited is not in a fit
state to be uttered or the making
or counterfeiting thereof has not
been finished or perfected.
Section 7—Unlawful Enquiries
Relating to Current Coin.
(1) Any person who, without
lawful authority or excuse, makes
any enquiry, either orally or in
writing of any other person,
whether such other person be in or
outside Ghana, as to—
(a) the cost of obtaining or
supplying any instrument or thing
for the purpose of committing any
crime relating to a current coin
or for making any material for the
purpose of committing any such
crime;
(b) the cost of making, minting,
stamping or otherwise reproducing
any counterfeited coin; or
(c) whether such other person is
or would be prepared to—
(i)
make, mint, stamp or otherwise
reproduce any counterfeited coin,
or
(ii) obtain or supply any
counterfeited coin, or
(iii) obtain or supply any
instrument or thing for the
purpose of committing any crime
relating to a current coin or for
making any material for the
purpose of committing any such
crime,
shall be guilty of a second degree
felony.
(2) In the case of a written
enquiry in relation to any of the
matters mentioned in subsection
(1) of this section the fact that
the enquiry was made in writing
shall be sufficient proof of an
attempt on the part of the person
by whom the enquiry was made to
commit the offence and such person
shall on conviction be liable to
the same penalty as a person
convicted of the offence.
Section 8—Gilding, Silvering,
Filing and Altering.
Any person who—
(a) gilds or silvers, or, with any
wash or materials capable of
producing the colour or appearance
of cupro-nickel or silver, or by
any means whatsoever washes, cases
over or colours—
(i)
any coin whatsoever resembling any
current coin;
(ii) any current copper coin with
intent to make it pass for any
other current coin; or
(iii) any piece of silver or
copper or coarse silver or of any
metal or mixture of metals, being
of fit size and figure to be
coined, with intent that it be
coined into false and counterfeit
coin resembling any current coin;
or
(b) files or in any manner alters
any current copper coin with
intent to make it resemble or pass
for any current cupro-nickel or
silver coin,
shall be guilty of a second degree
felony.
Section 9—Impairing Coin and
Unlawful Possession of Filings,
Etc.
(1) Any person who impairs,
diminishes or lightens any current
coin with intent that the coin so
impaired, diminished or lightened
may pass for a current coin shall
be guilty of a second degree
felony.
(2) Any person who, without
lawful authority or excuse, has in
his possession any filings or
clippings, or any gold or silver
bullion, or any gold or silver in
dust, solution or otherwise which
has been produced or obtained by
impairing, diminishing or
lightening any current coin,
knowing that it has been so
produced or obtained, shall be
guilty of a second degree felony.
Section 10—Uttering, Possession of
Counterfeit Coins.
(1) Any person who tenders, utters
or puts off any coin resembling
any current coin knowing it to be
false or counterfeit shall be
guilty of a second degree felony.
(2) Any person who commits an
offence under subsection (1) and
at the time of such offence has in
his custody or possession, besides
the coin so tendered, uttered or
put off, any other such false or
counterfeit coin shall be guilty
of a second degree felony.
(3) Any person who commits an
offence under subsection (1) and
on the day of such offence, or
within the period of ten days next
following tenders, utters or puts
off any other such coin as
aforesaid knowing it to be false
or counterfeit shall be guilty of
a second degree felony.
(4) Any person who has in his
possession three or more coins
resembling any current coin
knowing them to be false or
counterfeit and with intent to
tender, utter or put off the said
coins or any of them shall be
guilty of a misdemeanor.
(5) For the purposes of this
section the offence of tendering,
uttering, or putting off a coin
shall be deemed to be complete
although the coin is not in a fit
state to be uttered or the
counterfeiting thereof has not
been finished or perfected.
Section 11—Making, Possessing, or
Selling Metals Resembling Coin.
Any person who, without lawful
authority or excuse makes, sells,
offers for sale, or has in his
possession for sale, any metal,
cast, coin, or other like thing
made wholly or partly of metal or
any mixture of metals, and either—
(a) resembling in size, figure and
colour any current coin; or
(b) having thereon a device on any
current coin; or
(c) being so formed that it can by
gilding,silvering, colouring,
washing or other like process be
so dealt with as to resemble any
current coin,
shall be guilty of a second degree
felony.
Section 12—Making, Mending or
having Possession of Coin
Instruments, Etc.
(1) Any person who, without lawful
authority or excuse, knowingly—
(a) makes or mends, or begins or
proceeds to make or mend, or
(b) buys or sells, or
(c) has in his possession
any of the instruments or things
to which this section applies
shall be guilty of a first degree
felony.
(2) This section applies to the
following instruments and things,
namely—
(a) any puncheon,
counter-puncheon, matrix, stamp,
die, pattern or mould in or upon
which there is made or impressed,
or which will make or impress, the
figure, stamp or apparent
resemblance of both or either of
the sides of any current coin, or
any part of both or either of
those sides;
(b) any edger, edging or other
tool, collar, instrument or engine
adapted and intended for the
marking of coin around the edges
with letters, grainings or other
marks or figures apparently
resembling those on the edges of
any current coin;
(c) any press for coinage, or any
cutting engine for cutting by
force of a screw or of any other
contrivance round blanks out of
gold, silver or other metal or
mixture of metals, or any other
machine used or intended to be
used for the false making or
counterfeiting of any current
coin;
(d) any instrument or thing
specially contrived or adapted for
the purpose of committing any
offence relating to coin.
(3) It shall be a sufficient
defence in proceedings under this
section relating to the making,
buying, selling or having
possession of any tool, engine,
instrument or thing mentioned in
subsection (2) of this section
that the person charged did not
know that such tool, engine,
instrument or thing was adapted or
intended to be used for any
purpose mentioned in the said
subsection (2).
Section 13—Discovery and Seizure
of Counterfeit Coins, Etc.
(1) If any person finds in any
place whatsoever or in the
possession of any person without
lawful authority or excuse—
(a) any coin resembling any
current coin (in this Act referred
to as a "counterfeit coin"); or
(b) any tool, engine, instrument
or thing adapted and intended for
the counterfeiting of any coin (in
this Act referred to as a
"counterfeiting instrument"); or
(c) any filings or clippings, or
any silver bullion, or any silver
in dust solution or otherwise,
which have been produced or
obtained by diminishing or
lightening any current coin (in
this Act referred to as
"counterfeiting material"),
he shall seize the counterfeit
coin, or, counterfeiting
instrument or counterfeiting
material and carry it forthwith
before a District Magistrate.
Section 14—Evidence of Coin being
Counterfeited.
The fact that a coin produced in
evidence in any prosecution for an
offence under any provision of
this Act is false and counterfeit
may be proved by the evidence of
any competent and credible
witness.
Section 15—Offence after previous
Conviction.
(1) Any person who commits an
offence under any provision of
this Part of this Act (other than
the offence under subsection (4)
of section 10 of being in unlawful
possession of any current copper
coin) and was previously convicted
of such offence or of any other
offence under this Act shall be
guilty of a first degree felony.
PART III—OFFENCES RELATING TO
NOTES
Section 16—Forgery of Notes
(1) For the purposes of this Act,
forgery is the making of a false
note in order that it may be used
as genuine .
(2) A note is false within the
meaning of this Act if—
(a) the whole or any material part
thereof purports to be made by or
on behalf or on account of the
Bank of Ghana or of the lawful
authority of the country in which
the note is legal tender; or
(b) although made by or on behalf
or on account of the Bank of Ghana
or of such lawful authority the
time or place of making, where
either is material, or, the number
or any distinguishing mark
identifying the note is falsely
printed, engraved, impressed or
otherwise stated thereon.
In particular a note is false if
any material alteration, whether
by addition, insertion,
obliteration, erasure, removal or
otherwise has been made therein.
(3) For the purposes of this Part
of this Act, forgery of a note may
be complete even if the note when
forged is incomplete, or is not or
does not purport to be such a note
as would be binding or sufficient
in law.
Section 17—Uttering of Forged
Notes.
A
person utters a forged note who
knowing the note to be forged, and
with intent to defraud uses,
offers, publishes, delivers,
disposes of, tenders in payment or
exchange, exchanges, tenders in
evidence, or puts off the forged
note.
Section 18—Offences of Forgery,
Uttering or Possession of Forged
Notes.
(1) A person who,
(a) with intent to defraud, forges
any note, or
(b) utters any forged note
wherever forged,
shall be guilty of a first degree
felony.
(2) A person who without lawful
authority or excuse, purchases or
receives from any other person, or
has in his custody or possession
any forged note knowing the note
to be forged, shall be guilty of a
second degree felony.
Section 19—Offences of making or
having in Possession Paper or
Implements.
Any person shall be guilty of a
first degree felony who without
lawful authority or excuse—
(a) makes, uses, or knowingly has
in his custody or possession
(i)
any paper intended to resemble and
pass as special paper such as is
provided and used for the making
of any note, or
(ii) any frame, mould or
instrument for making such paper,
or for producing in or on such
paper any words, figures, letters,
marks, lines or devices peculiar
to and used in or on any note, or
(b) engraves or in anywise makes
upon any plate, wood, stone or
other material, any words,
figures, letters, marks, lines or
devices the print whereof
resembles in whole or in part any
words, figures, letters, marks,
lines or devices peculiar to and
used in or on any note; or
(c) uses or knowingly has in his
custody or possession
(i)
any plate, wood, stone, or other
material upon which any such
words, figures, letters, marks,
lines or devices have been
engraved or in anywise made as
aforesaid, or
(ii) any paper on which any such
words, figures, letters, marks,
lines or devices have been printed
or in anywise made as aforesaid.
Section 20—Forgery by Member of
Partnership, Etc.
If any person who is a member of
any partnership, or is one of two
or more beneficial owners of any
property, forges any note to
defraud the partnership or the
other beneficial owner or owners,
he is liable to be dealt with,
indicted, tried and punished as if
he had not been and was not a
member of the partnership nor one
of such beneficial owners.
Section 21—Designation of Note in
Form of Indictment
In an indictment for an offence
under this Part of this Act it is
sufficient to refer to the note to
which the indictment relates by
any name or designation by which
it is usually known, or by its
purport, without setting out any
copy or facsimile of the whole or
any part of the note.
Section 22—Unlawful Enquiries
Relating to Notes.
(1) Any person who, without
lawful authority or excuse, makes
any enquiry, either orally or in
writing of any other person,
whether such other person be in or
outside Ghana, as to—
(a) the cost of obtaining or
supplying any instrument or thing
for the purpose of committing any
crime relating to any note or for
making any material for the
purpose of committing any such
crime;
(b) the cost of making, stamping
or otherwise reproducing any false
note; or
(c) whether such other person is
or would be prepared to—
(i)
make, stamp or otherwise reproduce
any false note, or
(ii) obtain or supply any false
note, or
(iii) obtain or supply any
instrument or thing for the
purpose of committing any crime
relating to a note or for making
any material for the purpose of
committing any such crime,
shall be guilty of a second degree
felony.
(2) In the case of a written
enquiry in relation to any of the
matters mentioned in subsection
(1) of this section the fact that
the enquiry was made in writing
shall be sufficient proof of the
commission of the offence by the
person by whom the enquiry was
made and such person shall on
conviction be liable to the same
penalty as a person convicted of
the offence.
Section 22A—Evidence of Forged
Notes.
(1) Notwithstanding any provision
in any enactment to the contrary
where in any proceedings in any
court of competent jurisdiction it
has to be determined whether a
document purporting to be a note
which is used for the time being
as money in any country other than
Ghana and which is legal tender in
that other country is a false
note, a certificate in the form
set out in the Schedule to this
Act under the hand of the lawful
authority of the country in which
the note is legal tender shall be
received in evidence without
further proof as conclusive
evidence of the fact that such
document is a false note.
(2) For the purpose of determining
whether a person is the lawful
authority of the country in which
a note is legal tender, a
certificate under the hand of the
Governor or the Deputy Governor of
the Bank of Ghana that such person
is the lawful authority shall be
received in evidence without
further proof as conclusive
evidence of the facts stated
therein. [Inserted by the Currency
Act, 1964 (Amendment) Decree, 1973
(NRCD 183), s. 1(a)].
PART IV—IMPORTATION AND
EXPORTATION OF COINS OR NOTES
Section 23—Control of Importation
or Exportation of Coins or Notes.
(1) The Commissioner may by
legislative instrument—
(a) prohibit or restrict the
importation into Ghana of any
coins or notes specified in the
instrument whether such coins or
notes are or are not legal tender
in Ghana;
(b) prohibit or restrict the
exportation from Ghana of any
coins or notes specified in the
instrument whether such coins or
notes are or are not legal tender
in Ghana;
(c) exempt any country from the
operation of any such instrument.
[As substituted by the Currency
(Amendment) Decree, 1974 (NRCD
295), s.1].
(2) Any person who, in
contravention of an instrument
made under subsection (1), imports
or exports or attempts to import
or export any coins or notes shall
be guilty of an offence and liable
upon summary conviction, to a term
of imprisonment not less than
three years and not exceeding
seven years without the option of
a fine:
Provided that the court convicting
a person under this subsection may
impose a term of imprisonment less
than three years or a fine not
exceeding ¢20,000.00 or both if
satisfied on grounds stated that
the offence was trivial or that
there are special circumstances
relating to the offence or the
offender which would render unjust
the application of the minimum
penalty prescribed by this
subsection. [As substituted by the
Currency (Amendment) Decree, 1977
(SMCD 100)].
Section 24—Permission to Import or
Export Coins or Notes.
(1) Section 23 shall not apply to
any coin or note imported or
exported with the written
permission of the Bank of Ghana.
(2) Every such permission shall
specify the terms on which the
coins or notes to which it relates
may be imported or exported, as
the case may be.
(3) Any person who imports or
exports any coins or notes in
contravention of the terms of a
permission under this section
shall be deemed to be guilty of an
offence under section 23(2). [As
substituted by the Currency
(Amendment) Decree, 1974 (NRCD
295), s.1].
Section 25—Further Penalty for
Illegal Exportation.
In the case of a conviction under
section 23(2) for the offence of
exporting any coins or notes the
court may, in addition to the
punishments authorised by that
section, impose a further penalty
not exceeding the amount or value
of the coins or notes so exported.
[As substituted by the Currency
(Amendment) Decree, 1974 (NRCD
295), s.1].
Section 26—Prohibition of
Circulation of Foreign Coins or
Notes.
(1) The Commissioner may by
legislative instrument prohibit
the circulation in Ghana of any
foreign coins or notes specified
in the instrument whether such
coins or notes are or are not
legal tender in Ghana.
(2) Any person who in
contravention of an instrument
made under this section circulates
or attempts to circulate any coin
or note specified in the
instrument shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
¢2,000.00
(3) For the purposes of subsection
(2) a person shall not be deemed
to circulate any coin or note who
gives it to a banker or lawfully
authorised money changer in
exchange for any other coin or
note. [As substituted by the
Currency (Amendment) Decree, 1974
(NRCD 295), s.1].
Section 27—Importation or
Exportation of Counterfeit Coin or
Note.
Any person who, without lawful
authority or excuse—
(a) imports into Ghana any coin or
note knowing it to be counterfeit
or false, or
(b) exports from Ghana, or puts on
board any aircraft, ship, vehicle
or any other conveyance for the
purposes of being so exported, any
coin or note knowing it to be
counterfeit or false,
shall be guilty of an offence and
liable on conviction to a fine not
exceeding ¢5,000.00 or to
imprisonment not exceeding ten
years or to both. [As substituted
by the Currency (Amendment)
Decree, 1974 (NRCD 295), s.1].
Section 28—Forfeiture.
(1) Every coin or note or
counterfeit coin or false note to
which a conviction for any offence
under this Part of this Act
relates may be forfeited by a
declaration of forfeiture made
under this Act.
(2) Any coin or note the
circulation of which in Ghana is
for the time being prohibited by
an instrument made under section
26 which is found in Ghana
(otherwise than in the possession
of a banker or a lawfully
authorised money changer) after
the expiration of thirty days from
the date of publication of the
instrument in the Gazette may be
seized by any police officer and
detained pending a declaration of
forfeiture made under this Act.
[As substituted by the Currency
(Amendment) Decree, 1974 (NRCD
295), s.1].
Section 29—Definitions.
In this Part of this Act—
"banker" means any corporation
carrying on the business of
bankers or financial agents;
"coin" includes any coin of any
metal or mixed metal;
"money changer" means any person
who carried on the business of
money changing.
PART V—MISCELLANEOUS
Section 30—Search Warrants.
(1) Where it is made to appear by
information on oath before any
District Magistrate that there is
reasonable ground for believing
that
(a) any counterfeit coin or
counterfeit instrument or
counterfeiting material; or
(b) any forged note or any
machinery, implement, utensil or
material used or intended to be
used for the forgery of notes or
in connection therewith; or
(c) any coin or note or any
counterfeit coin or forged note
which has been imported or is in
the act of being imported or
exported in contravention of the
provisions of this Act or of any
order made thereunder
is to be found in any place the
District Magistrate may by warrant
under his hand direct any police
officer named or specified therein
to enter and search such place and
search all persons therein.
(2) It shall be lawful for such
police officer as aforesaid to
seize all or any of the things
mentioned in the relevant
sub-paragraph of subsection (1)
found in any such place and carry
the things so seized before any
Magistrate having jurisdiction in
the area where they were found to
be dealt with by him in accordance
with the provisions of section 91
of the Criminal Procedure Code
(Act 30).
Section 31—Arrest without Warrant.
Any person found in the act of
committing any offence against
this Act may be immediately
apprehended without a warrant by
any person and forthwith taken
before a Magistrate to be dealt
with according to law.
Section 32—Aiders and Abettors.
Any person who knowingly and
wilfully aids, abets, counsels,
causes, procures, or commands the
commission of an offence against
this Act shall be liable to be
dealt with, indicted, tried and
punished as a principal offender.
Section 33—Criminal Possession.
(1) Where the having of any coin
or note, or any instrument or
other thing in the custody or
possession of any person is in
this Act expressed to be an
offence, a person shall be deemed
to have such coin, note,
instrument or other thing in his
custody or possession if he—
(a) has it in his personal custody
or possession; or
(b) knowingly and wilfully has it
in the actual custody or
possession of any other person, or
in any building, lodging,
apartment, field, or other place,
whether open or enclosed, and
whether occupied by himself or
not.
(2) It is immaterial whether the
thing such person had in such
custody or possession or place is
for his own use or for the use and
benefit of another person.
Section 34—Onus of Proof as to
Authority or Excuse.
In any prosecution charging any
person with an offence against
this Act by the doing of anything
or having anything in his custody
or possession without lawful
authority or excuse the onus of
proof shall be on the person
charged that he had lawful
authority or excuse.
Section 35—Presumption as to
Character of Coins or Notes.
In any prosecution for an offence,
and in any proceeding for the
forfeiture of any coins or notes,
under this Act, any coins or notes
in respect of which such
prosecution or proceeding has been
instituted, shall be deemed to be
the coins or notes of the kind
specified in the charge,
information or complaint, or in
the application for such
forfeiture, unless and until the
contrary is shown.
Section 36—Intent to Defraud or
Deceive.
Where an intent to defraud or an
intent to deceive is one of the
constituent elements of an offence
against this Act, it shall not be
necessary to allege in the
indictment or to prove an intent
to defraud or deceive any
particular person; and it shall be
sufficient to prove that the
defendant did the act charged with
an intent to defraud or deceive.
Section 37—Recognizances to Keep
the Peace.
(1) On the conviction of any
person for an offence against this
Act the court in addition to
imposing a sentence of
imprisonment or a fine or both,
may require the offender to enter
into his own recognizances, with
or without sureties, for keeping
the peace and being of good
behaviour.
(2) No person shall be imprisoned
for more than one year for not
finding sureties ordered by the
court under subsection (1) of this
section.
(3) Subsection (2) of this
section shall not apply in the
case of the conviction of any
person for an offence under
section 11.
Section 38—Declaration of
Forfeiture.
(1) A declaration of forfeiture
may be made under this section in
respect of
(a) any prohibited coin or note
which is seized by a police
officer under section 28(2) of
this Act, or [As amended by the
Currency (Amendment) Decree, 1974
(NRCD 295), s. 2].
(b) any coin or note to which a
conviction for any offence under
Part IV of this Act relates.
(2) Every such declaration shall
be made by
(a) the High Court upon
information filed by the
Attorney-General, or
(b) the court by which a person is
convicted of an offence under Part
IV of this Act in relation to such
coin or note, or
(c) where no person is so
convicted, and the number of coins
or notes does not exceed one
hundred, any District Magistrate.
Section 39—Interpretation.
In this Act unless the context
otherwise requires—
"current coin" means any coin
composed of mixed metal issued by
the Bank of Ghana under the Bank
of Ghana Act, 1963 (Act 182) or
any metal used for the time being
as money in any country other than
Ghana and is legal tender in that
other country;
"Minister" means the Minister
responsible for Finance;
"note" means any note issued by
the Bank of Ghana under the said
Act or any paper used for the time
being as money in any country
other than Ghana and is legal
tender in that other country.
Section 40—Repeals and Saving.
(1) The Coinage Ordinance (Cap.
213) and the Currency Act, 1960
(Act 17) are hereby repealed.
(2) Sections 8 and 9 of the
Exchange Control Act, 1961 (Act
71) in so far as they relate to
the import and export of currency
notes are hereby repealed; and the
regulations relating to those
matters made under that Act shall
be deemed to have been made by a
legislative instrument under
section 23 of this Act.
(3) Currency Act, 1964 (Amendment)
Decree, 1966 (NLCD 8). [Repealed
by the Currency (Amendment)
Decree, 1974 (NRCD 295), s. 3].
(4) Currency Act, 1964 (Amendment)
(No. 2) Decree, 1966 (NLCD 18).
[Repealed by the Currency
(Amendment) Decree, 1974 NRCD
295), s. 3].
SCHEDULE
I............................................................................................................................................................................................................
[insert name, title or designation
of the lawful authority],
do hereby certify that I have
examined the document
marked.............................which
purports to be a note of the
denomination .........
...........bearing number
...........and dated .............
and that the document is a false
note and is not a note issued or
deemed to be issued by the Bank
of...................[insert name
of the Issuing Bank].
Signature..............................
Date...................................
[As substituted by the Currency
Act, 1964 (Amendment) Decree, 1973
(NRCD 183), s. 1(b)].
amended by
CURRENCY (AMENDMENT) DECREE, 1967
(NLCD 147).1
CURRENCY ACT, 1964 (AMENDMENT)
DECREE, 1973 (NRCD 183).2
CURRENCY (AMENDMENT) DECREE, 1974
(NRCD 295).3
CURRENCY (AMENDMENT) DECREE, 1977
(SMCD 100).4
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