ACTS OF GHANA

DIAMONDS DECREE, 1972 (NRCD 32)

As amended

ARRANGEMENT OF SECTIONS

Section

1.   Restriction on sale of diamonds

2.   Restriction on purchase and export of diamonds

3.   Licensed buyers

4.   Finding of diamonds

5.   Enquiries

6.   Diamond prices

7.   Diamond areas

8.   Regulations for diamond areas

9.   Regulations for mining concessions

10. Failure to sell to the Corporation

11. Offences triable on indictment

12. Offences triable summarily

13.  Alien offender liable to deportation

14.  Forfeiture

15.  Evidence

16.  Interpretation

17.  Repeals and savings.

DIAMONDS DECREE, 1972

In pursuance of the National Redemption Council (Establishment) Proclamation, 1972, this Decree is hereby made:

Section 1—Restriction on Sale of Diamonds.

(1) The finder of any diamonds shall sell them to the Diamond Marketing Corporation (hereinafter called "the Corporation") or its local buying agent within four weeks after the expiry of the month in which he finds them or within such further period as the Corporation may in writing permit.

(2) Save as aforesaid, no person other than the Corporation shall sell or dispose of any diamonds whether for valuable consideration or otherwise.

(3) The Corporation may sell or dispose of any diamonds to any person whether for commercial or industrial purposes or otherwise, subject to such conditions, which may include conditions in respect of the failure to use any such diamonds for the purpose for which they were sold or disposed of, as the Commissioner may by legislative instrument prescribe.

Section 2—Restriction on Purchase and Export of Diamonds.

(1) No person other than the Corporation or a licensed buyer or a person to whom the Corporation sells diamonds under section 1(3) shall buy any diamonds.

(2) No person shall export any diamonds except diamonds which are the property of the Corporation or any diamond whose export has been authorised on the written authority of the Corporation.

Section 3—Licensed Buyers.

The Corporation may appoint licensed buyers to purchase diamonds for or from the Corporation and may grant licenses to such buyers subject to any conditions it thinks fit.

Section 4—Finding of Diamonds.

(1) The finder of any diamonds shall as soon as practicable report the finding to the Corporation and deposit the diamonds with the Corporation.

(2) Upon such report or deposit being made, the Corporation shall record—

(a) the full names, address, occupation and nationality of the finder;

(b) the weight and number of the diamonds found and deposited;

(c) the date of finding;

(d) the exact place where the diamonds were found;

(e) the date of deposit;

(f) any other particulars the Corporation deems relevant.

(3) A duplicate copy of the record made by the Corporation shall be supplied to the finder without charge at the time when the record is made.

Section 5—Enquiries.

(1) For the purpose of this Decree the Corporation may make such enquiries as it thinks fit to determine the good faith of the person reporting the finding or the accuracy of any particulars reported and recorded under section 4 or to determine whether any contravention of this Decree has occurred.

(2) Where as a result of such enquiries it appears to the Corporation that the person reporting the finding is not the owner or person otherwise lawfully entitled to the custody or possession of any diamond, the Corporation shall not make payment for any such diamond to the person reporting the finding, but shall make such payment directly to the person whom it reasonably believes to be the owner or person otherwise lawfully entitled to the custody or possession of the diamond.

Section 6—Diamond Prices.

The Corporation may, with the prior approval of the Commissioner, control and fix the prices to be paid to diamond finders for their diamonds.

Section 7—Diamond Areas.

The Commissioner may by executive instrument declare areas of land to be diamond areas, and may divide them into areas of exploitation and areas of restriction, and may define the boundaries of any such area.

Section 8—Regulations for Diamond Areas.

(1) The Commissioner may by legislative instrument impose conditions and restrictions as to user, the movement of persons, and the conveyance of articles into, from and within diamond areas, areas of restriction and areas of exploitation.

(2) The Commissioner responsible for Internal Affairs may by legislative instrument—

(a) exclude aliens from entering or remaining in diamond areas except in accordance with a valid permit issued for that purpose;

(b) provide for the granting of permits to aliens to enter diamond areas and all matters incidental thereto, including fees payable and forms.

(3) Regulations made under this section may apply to all diamond areas or to any specified part or parts thereof.

Section 9—Regulations for Mining Concessions.

(1) The Commissioner may by legislative instrument—

(a) empower the holder of a mining concession to demarcate any part of the concession area not exceeding one thousand feet square, and not including any dwelling house or the ground attached thereto without the consent of the occupier, and to keep any such part demarcated while diamond mining operations are in progress thereon;

(b) prohibit the entry of unauthorised persons on such demarcated part;

(c) restrict the entry of persons into towns or villages situated on mining concessions;

(d) authorise the police to search persons, buildings, and articles within demarcated parts and towns or villages situated on mining concessions.

(2) Regulations made under this section may apply to the whole or any part of Ghana, or to any particular mining concession or town or village situated on a mining concession.

Section 10—Failure to Sell to the Corporation.

Any finder who fails to sell any diamond to the Corporation or its local buying agent in accordance with section 1 shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred thousand cedis or to imprisonment for a term not exceeding five years or to both.[As substituted by Diamonds (Amendment) Law, 1989 (PNDCL 216) s.1(a)]

Section 11—Offences Triable on Indictment.

Any person who—

(a) offers to sell or sells or disposes of any diamond except as authorised by this Decree; or

(b) buys or exports any diamond except as authorised by this Decree; or

(c) being found in possession of any diamond, does not prove to the satisfaction of the Court that he obtained it lawfully; or

(d) searches for diamonds on land which is the subject of a mining concession without the authority of the concession holder and otherwise than under a claim of right made in good faith; or

(e) conceals or carries away any diamond with intent to evade any provision of this Decree; or

(f) being an employee, steals any diamond,

shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred thousand cedis or to imprisonment not exceeding five years or to both.[As amended by the Diamonds (Amendment) Law 1989 (PNDCL 216) s.1(b)]

Section 12—Offences Triable Summarily.

Any person who—

(a) being the finder of any diamond, fails to report its finding and deposit it in accordance with section 4, or fails to give or incorrectly gives any information required under that section; or

(b) contravenes any provision of an instrument made under sections 1(3), 8 or 9; or

(c) falsely holds himself out as being a finder, a licensed buyer or a person acting under the written authority or instructions of the Corporation,

shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred thousand cedis or to imprisonment not exceeding five years or to both.[As amended by the Diamonds (Amendment) Law 1989 (PNDCL 216) s.1(c)(i)(ii)]

Section 13—Alien Offender Liable to Deportation.

Where an alien is convicted of an offence under this Decree, he shall, after paying the fine or serving his sentence, be liable to deportation under section 13 of the Aliens Act, 1963 (Act 160).

Section 14—Forfeiture.

(1) On convicting a person of an offence against this Decree, the Court shall order that any diamond in respect of which the offence has been committed be forfeited to the Republic.

(2) All forfeited diamonds shall be disposed of for the benefit of the public revenue in such manner as the Commissioner shall direct.

Section 15—Evidence.

(1) For the purposes of this Decree a person shall be deemed to be in possession of a diamond if the diamond, although not in his actual possession, is at the time in his custody or power or under his control.

(2) If for any purpose under this Decree the question is in issue as to whether any article is or is not a diamond, the burden of proving that it is not a diamond shall lie on the person who alleges that it is not a diamond; and in the absence of such proof it shall be deemed to be a diamond.

(3) If for any purpose under this Decree the question is in issue as to whether any diamond is or is not of Ghanaian origin, the burden of proving that it is not of Ghanaian origin shall lie on the person who alleges that it is not of Ghanaian origin; and in the absence of such proof it shall be deemed to be of Ghanaian origin.

Section 16—Interpretation.

In this Decree—

"Commissioner" means the Commissioner responsible for Lands and Mineral Resources;

"diamond" means any rough and uncut diamond of Ghanaian origin;

"finder" means the person who finds, produces or wins any diamond:

Provided that where any such person is employed for the purpose of finding diamonds on behalf of any other person, the employer and not the employee shall be deemed for the purposes of this Decree to be the finder;

"mining concession" means any writing whereby there is granted any right, interest or property in or over land in respect of diamonds.

Section 17—Repeals and Savings.

(1) The following enactments are hereby repealed:—

The Diamond Mining Industry Protection Ordinance (Cap. 152) as subsequently amended;

Section 9B of the Minerals Act, 1962 (Act 126);

Section 9A and the Second Schedule of the Aliens Act 1963, (Act 160);

The Minerals Act, 1962 (Amendment) Decree, 1968 (N.L.C.D. 228);

The Aliens Act, 1963 (Amendment) Decree, 1968 (N.L.C.D. 259).

(2) Notwithstanding the repeal of the above enactments, the following statutory instruments shall continue in force as if made under the corresponding provisions of this Decree, until modified or revoked:—

Birim (No.1) Diamond Area Order, 1926 (No.19);

Diamond Mining Industry Protection Regulations, 1927 (No.9);

Aliens (Permits for Prohibited Areas) Regulations, 1969 (LI 612);

Aliens (Permits for Prohibited Areas) (Amendment) Regulations, 1969 (LI 616):

Provided that all references to "prohibited areas" in any such instrument shall be construed for the purpose of this decree as references to diamond areas.

(3) Notwithstanding the repeal of the Second Schedule to the Aliens Act, 1963 (Act 160), the areas described in that Schedule shall, until provision is otherwise made by instrument under section 7 of this Decree, be deemed for the purposes of this Decree to be diamond areas.

Made this 23rd day of February, 1972.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 25th February, 1972.

amended by

DIAMONDS (AMENDMENT) LAW, 1989 (PNDCL 216).1