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IN exercise of the powers
conferred on the Public Tribunals
Board by subsection (3) of section
1 and subsection (3) of section 10
of the Public Tribunals Law, 1984
(P.N.D.C.L. 78) these Regulations
are made this 30th day of May,
1988.
Regulation 1—Composition of
Tribunals.
(1) A District or Community Public
Tribunal hereafter referred to as
the “Tribunal” shall be composed
of not less than three members and
not more than seven members.
(2) The Tribunal shall be duly
constituted for the despatch of
its business by three panel
members except that in the
exercise of its appellate
jurisdiction the District Public
Tribunal shall consist of five
members.
Regulation 2—Chairman of
Tribunals.
(1) There shall be a Chairman of a
Tribunal who shall ordinarily
preside over the Tribunal
sessions, but in the absence of
the Chairman panel members may
elect one of their members to
preside.
(2) Subject to section 10 (3) of
the Public Tribunals Law, 1984 (P.N.D.C.L.
78) hereafter referred to as the
“Law”, the Chairman shall
preferably be a lawyer or a person
who has such judicial experience
or legal training as may be
approved by the Public Tribunals
Board.
Regulation 3—Appointment of
Members of Tribunal.
The Board shall appoint the
Chairman and members of the
Tribunals.
Regulation 4—Removal of Members of
Tribunal.
(1) The Board shall have the power
to remove any member of the
Tribunal for any of the reasons
stated in section 10 (5) of the
Law.
(2) Subject to sub-regulation (1)
of this Regulation a member of the
Tribunal shall hold office for a
term of two years and shall be
eligible for re-appointment.
Regulation 5—Jurisdiction of
Tribunals.
A
Tribunal shall exercise the powers
and jurisdiction conferred on it
by sections 11 and 12 of the Law,
and sections, 12, 14 and 16 of the
Rent Control Law, 1986 (P.N.D.C.L.
138) and any other enactment for
the time being in force.
Regulation 6—Procedure of
Tribunal.
Subject to the provisions of Part
IV of the Law and to these
Regulations, a Tribunal shall
regulate its proceedings to ensure
efficient and speedy trial,
justice and fairness.
Regulation 7—Places of Sittings of
Tribunal.
A
Tribunal shall sit at a place
designated by the Board or such
other appropriate place that the
Tribunal may on occasion
determine.
Regulation 8—Proceedings of
Tribunal to be Held in Public.
The proceedings of a Tribunal
shall be held in public unless
otherwise directed by the Board in
writing or unless the Tribunal
considers it to be in the public
interest to exclude from its
proceedings any member of the
public.
Regulation 9—Presence of Accused
at Trial.
(1) An accused person or any
interested party to the
proceedings shall be entitled to
be present at all stages of the
trial.
(2) An accused person or other
party to the proceedings may
however be excluded in any of the
following circumstances:
(a) where his conduct or behaviour
impedes smooth and orderly trial;
(b) where the Tribunal is
satisfied that the accused
person's conduct or behaviour in
the Tribunal constitutes a source
of danger to the Tribunal or any
person or party to the
proceedings;
(c) for gross misconduct and
indiscipline;
(d) under Part V of the Law (P.N.D.C.L.
78).
(3) In addition to excluding the
accused or any other person from
the proceedings the Tribunal may
by way of a written report refer
the person's conduct to the
Regional Tribunal to deal with the
matter as if such a person had
committed contempt of the Regional
Tribunal.
Regulation 10—Issue of Subpoena,
Warrants, Etc.
The Tribunal shall take all steps
reasonably necessary, including
the issuing of subpoena, warrant
and summons to ensure attendance
of an accused person but bail may
not be unreasonably withheld.
Regulation 11—Tribunal to Promote
Reconciliation of Parties.
In the exercise of its powers, a
Tribunal may take such steps as
are necessary and appropriate to
facilitate reconciliation and
unity and accord between the
parties, especially having regard
to all the circumstances of the
case.
Regulation 12—Institution of
Proceedings before District or
Community.
(1) Criminal proceedings before a
Tribunal may be instituted by the
People's Public Prosecutor or his
representative by way of arrest or
summons which may include the
charge.
(2) A charge sheet upon which a
person is brought before a
Tribunal for trial shall
sufficiently identify the accused
person:
(a) by specifying his name;
(b) occupation and/or address.
Regulation 13—Trial in Absentia.
(1) Where a person charged fails
to present himself for trial by a
Public Tribunal despite reasonable
notice given either personally to
him or publicly by way of
announcement on the national radio
or television or in newspapers or
other medium of mass communication
the Tribunal may proceed to try
him in his absence.
(2) Where a person charged having
appeared before a Public Tribunal
in obedience to an order to
appear, subsequently fails or
refuses to appear that person may
be tried in his absence by the
Tribunal.
Regulation 14—Consequences of a
Trial in Absentia.
(1) Where a person is tried under
Regulation 13 (2), and is
convicted and sentenced in his
absence and he fails to appear to
serve his sentence—
(a) all his assets and bank
accounts shall be confiscated to
the State;
(b) the appropriate Community
Committee for the Defence of the
Revolution shall assist in the
identification, location and
recovery of all such assets and
bank accounts.
(2) Any confiscation made under
sub-regulation (1) of this
Regulation shall have effect
notwithstanding anything to the
contrary.
(3) Where a person is convicted
and sentenced in his absence
notice of the conviction and
sentence shall be given either
personally to him or publicly by
way of announcement on the
national radio or television or in
newspapers or other medium of mass
communication.
(4) Any assets or bank accounts
confiscated under sub-regulation
(1) of this Regulation shall be
deemed to be held in trust by the
Confiscated Assets Committee for
90 days from the date of the
publication of the notice referred
to in sub-regulation (3) of this
Regulation.
(5) Where upon the expiration of
the said 90 days the person
convicted and sentenced fails to
appear to serve the sentence the
Confiscated Assets Committee shall
dispose of the assets and the bank
accounts shall remain confiscated
to the State.
(6) If within the said 90 days the
person convicted and sentenced
appears to serve his sentence, the
confiscation shall cease to have
effect and the assets and bank
accounts shall be restored to him.
(7) Where the person convicted and
sentenced appears to serve his
sentence after the said 90 days
the Provisional National Defence
Council shall decide whether or
not the whole of his assets and
bank accounts or part thereof
shall be restored to him.
Regulation 15—Service of Summons.
(1) Service of summons may be
effected by the People's Public
Prosecutor or any person appointed
by him.
(2) Any person who fails to
respond to a summons, warrant or
any other process issued by the
Tribunal or who obstructs or
impedes the service of any
summons, warrant or process of the
Tribunal shall be guilty of an
offence and shall on conviction by
the Regional Public Tribunal be
liable to three months
imprisonment or a fine of
¢10,000.00 or to both.
(3) A Tribunal may at any time
during the trial on its own
initiative or upon application by
the People's Public Prosecutor or
any interested party to the
proceedings order that any other
person be charged in addition to
or in substitution for any accused
person.
(4) Proceedings instituted or
purported to have been instituted
under these Regulations shall not
be invalidated merely because of a
defect in the charge sheet or on
the ground that any rules of
procedure prescribed by any law
was not followed, but the Tribunal
shall be guided in all cases by
the rules of natural justice,
fairness and common sense.
Regulation 16—Mode of Trial.
(1) At any trial the Tribunal
shall ascertain and record the
plea of the accused after the
charges preferred against him have
been read and explained to him in
a language he understands.
(2) The accused may plead guilty
or not guilty to the charges or
that he has already been convicted
or acquitted in the same case on
the same facts or that the
Tribunal does not have
jurisdiction to hear the case
before it.
(3) The Tribunal may explain to
the accused, witnesses and any
interested parties to the
proceedings their rights and
duties before the Tribunal.
(4) For the purposes of
subregulation (3)—
(a) the rights shall include the
right to object to the Chairman or
any member of the panel hearing
the case and the right to counsel
of his choice;
(b) duties shall include the
obligation to co-operate to
facilitate smooth, orderly and
fair and speedy trial, to speak
the truth and to respect the
Tribunal and its processes.
Regulation 17—Plea of Guilty.
(1) Where the plea is that of
guilty and the Tribunal is
satisfied that the accused
understands the nature of the
charge and appreciates the effect
of the plea it shall record the
plea together with any
explanation, confession or
admission of the accused person,
and having heard the facts of the
case as may be presented by the
prosecution, the Tribunal may
proceed to pass sentence.
(2) Where having regard to all the
circumstances of the case the
Tribunal, upon hearing the facts
of the case presented by the
Prosecution, as well as the
explanation, confession or
admissions of the accused person
is satisfied that the interest of
justice so demands the Tribunal
may substitute a plea of not
guilty for the accused and
accordingly determine the case on
its merits.
Regulation 18—Plea of not Guilty.
(1) Where the plea is one of not
guilty the Tribunal shall proceed
to hear the case for the purpose
of determining the guilt or
otherwise of the accused person.
(2) Where the plea of the accused
person is to the following effect—
(a) that he has been previously
convicted and sentenced or
acquitted of the same offence by a
court of competent jurisdiction;
(b) that no court in Ghana has
jurisdiction to try him for the
offence charged;
(c) that the trial Tribunal has no
jurisdiction to try the case:
the Tribunal shall enquire into
the claim of the accused person
and may accept for consideration
such relevant evidence as may be
required in proof or otherwise of
the claim.
Regulation 19—Discharge of the
Accused Person.
Where upon the necessary enquiry
the Tribunal is satisfied that the
objection of the accused person is
well founded it shall discharge
the accused person.
Regulation 20—Tribunal to Inspect
Dockets.
The Tribunal shall at any time
during the trial have the power to
call for and inspect the docket of
the prosecution where it finds it
necessary and reasonable to do so.
Regulation 21—Prosecution to
Present its Case.
The prosecution shall present its
case and call its witnesses to
give evidence in support of its
case.
Regulation 22—Acquittal of Accused
when no Case to Answer.
If at the close of the evidence in
support of the charge it appears
to the Tribunal that a case is not
made out against the accused
sufficiently to require him to
make a defence, the Tribunal
shall, as to that particular
charge acquit him.
Regulation 23—Defence.
After presentation of the case for
the prosecution the accused shall
be afforded the opportunity to
present his case.
Regulation 24—Cross-Examination.
(1) All parties shall be entitled
to cross-examine witnesses before
the Tribunal.
(2) The Tribunal may, on its own
initiative or upon an application
by either the prosecution or
defence or other person by
permission of the Tribunal, at any
time before sentence is passed
call any witness whose evidence in
the opinion of the Tribunal is
likely to assist it in determining
the case.
Regulation 25—Oral or Hearsay
Evidence.
A
Tribunal may receive in evidence
any matter whether documentary or
oral (including hearsay) which
tends to prove or disprove any
evidence relevant to the case or
which may assist the Tribunals to
establish the truth; provided that
the Tribunal shall not convict an
accused person on hearsay evidence
alone.
Regulation 26—Examination of
Accused or Witness by Members of
the Public.
During the trial any member of the
public who has any information
relevant to the case may pass on
such information to the
Prosecutor.
Regulation 27—Exclusion of
Irrelevant Evidence.
A
Tribunal shall have the power to
exclude any evidence it considers
irrelevant or prejudicial to the
cause of justice and fairness.
Regulation 28—Accused
Unrepresented by Counsel.
Where an accused person is not
assisted by defence counsel the
Tribunal may help him in any way
possible to present his case.
Regulation 29—Power to Order
Re-investigation of Cases.
Where the circumstances so demand
and the Tribunal deems fit it may
order at any stage of the
proceedings for the whole or part
of the case to be re-investigated
by the same or a different
investigator.
Regulation 30—Expert or Specialist
Report.
(1) A Tribunal may on its own
initiative or upon an application
by a party to the proceedings
request for expert or specialist
report or call for a fresh or
second expert opinion on any
relevant matter before it.
(2) Any such expert or specialist
may be examined or cross examined
as appropriate by the Tribunal,
the prosecution, accused person or
any other interested party on his
evidence before the Tribunal.
Regulation 31—Medical Examination
of Accused Person of Unsound Mind.
(1) A Tribunal shall have power
during the trial to cause an
accused person to be examined by a
medical doctor, expert or
specialist where it has reason to
doubt the soundness of mind of
such accused person.
(2) Subject to sub-regulation (1)
of this Regulation where the
Tribunal is satisfied on the
evidence on record of the need so
to do it shall refer the matter to
the Regional Tribunal for an order
to detain or confine the accused
to a lunatic asylum or other
appropriate medical facility for
medical treatment.
Regulation 32—Objection.
(1) Where an objection is raised
to any evidence that is being
adduced the Tribunal shall
consider the objection on its
merits and shall exclude or admit
such evidence if it is satisfied
that it is in the interest of
justice to do so.
(2) The Tribunal shall record the
objection, the reasons for the
objection and any evidence led in
support of the objection, and
these factors shall be taken into
consideration when the Tribunal is
evaluating the entire evidence
before the final judgement.
Regulation 33—Effect of
Non-compliance with Rules of Mode
of Trial.
The decision of a Tribunal shall
not be invalidated, quashed or in
any way set aside because of
non-compliance with the rules
governing the mode of trial unless
there is a clear and substantial
miscarriage of justice.
Regulation 34—Close of Hearing.
(1) Upon the close of the case for
the prosecution and the defence,
and upon the Tribunal being
satisfied that it has heard all
relevant evidence in the case, the
panel shall consider the case as a
whole and, where it is satisfied
on all the evidence that the
offence was committed by the
accused having regard to all the
circumstances of the case, shall
convict him.
(2) Where upon the available
evidence the Tribunal is not
satisfied that the accused
committed the offence charged or a
cognate offence for which the
Tribunal may convict, the accused
shall be acquitted.
(3) An accused person shall not be
acquitted only because the
evidence does not support the
specific charge laid.
(4) Where the Tribunal, upon the
totality of the evidence adduced
at the trial, is satisfied that an
offence has been committed for
which it has jurisdiction but with
which offence the accused is not
charged, it shall notify the
accused of this and shall proceed
to convict the accused of that
offence unless the accused shows
cause why he should not be so
convicted.
Regulation 35—Punishment.
(1) In considering punishment the
Tribunal shall always take the
interest of the public and weigh
it against the need for the
convict to reform and become a
useful member of the community.
(2) Notwithstanding any punishment
prescribed under the enactment by
which the prosecution was brought
a District Public Tribunal may
impose a sentence of imprisonment
not exceeding two years or a fine
not exceeding twenty-five thousand
cedis (¢25,000.00) or to both.
(3) Where a District Public
Tribunal is of the opinion that
having regard to the gravity of
the offence committed or the
aggravating circumstances of the
case, or both, there is need for
increased punishment it shall
refer the matter with its
judgement and recommendations to
the Regional Public Tribunal for
appropriate sentence.
(4) A Community Public Tribunal
may impose a sentence of
imprisonment not exceeding
twelve-months or a fine not
exceeding ten thousand cedis or
both.
(5) Where a Community Public
Tribunal is of the opinion that,
having regard to the gravity of
the offence committed or the
aggravating circumstances of the
case, or both, there is need for
increased punishment it shall
refer the matter with its
judgement and recommendations to
the District Public Tribunal for
appropriate sentence.
(6) In all cases under
sub-regulations (3) and (5) of
this Regulation the Tribunal shall
take appropriate steps to ensure
that the convicted person appears
before the Regional Public
Tribunal or District Public
Tribunal as the case may be.
Regulation 36—Communal or
Productive Labour.
(1) Where a person has been found
guilty the Tribunal may in
addition to or in substitution for
any punishment which it may impose
under the Law sentence the person
so convicted to undertake communal
or productive labour of such
nature and for such period as the
Tribunal may determine.
(2) Where an offence is committed
in relation to the following—
(a) offences under section 296 of
the Criminal Code, 1960 (Act 29);
(b) absence from communal labour
without permission or without
reasonable cause, contrary to
section 65 of the Labour Decree,
1967 (N.L.C.D. 157); or
(c) offences under section 14 of
the Public Order Decree, 1972 (N.R.C.D.
68);
the Tribunal may having regard to
the seriousness of the offence
impose upon that person a
fine of not less than ¢1,000.00
and not more than ¢10,000.00 and
in addition, the Tribunal may
order him to undertake communal
labour or productive labour of
such nature and for such period
not exceeding one month as will
make him realise the social
undesirability of his act or
omission.
(3) Where a person who has been
ordered to undertake communal or
productive labour in respect of an
offence other than obstruction or
nuisance is not ordinarily
resident within the jurisdiction
of the Tribunal he shall be
ordered to undertake such labour
at the place where the offence was
committed or as the Tribunal may
direct under the supervision of
the police officer in charge or
appropriate body within the
community.
Regulation 37—Non-compliance with
Order for Communal or Productive
Labour.
Where a person convicted and
sentenced to undertake communal or
productive labour or pay a fine
under Regulation 35 or 36 of these
Regulations fails to comply with
the order the Tribunal shall
sentence him to a term of
imprisonment not exceeding three
months for each offence committed
but the total term of imprisonment
for non-compliance shall not at
any time exceed six months
imprisonment.
Regulation 38—Punishment of Young
Offenders.
The provisions of section 17 of
the Law shall apply to the
Tribunal and under no
circumstances shall a Tribunal
sentence any such young offender
to serve a term of imprisonment in
a place other than a Borstal
Institute or a Remand Home.
Regulation 39—Fines and
Recognizances.
(1) Where a Tribunal imposes on
any person a fine or forfeits his
recognizance, it may make an
order—
(a) allowing the person to pay the
amount of the fine or the amount
due under the recognizance; or
(b) directing that the amount be
paid by instalments on such terms
as are specified in the order;
(c) directing any person, body or
any other party who owes money to,
or holds money on behalf of a
person fined or ordered by the
Tribunal to pay any money or
forfeit a recognizance, to pay all
or part of the money owed or held
to a specified Government account,
or to any other person or party,
in full or partial satisfaction of
the fine, sentence or order of the
Tribunal.
Illustration
If a person fined or ordered to
pay any money or forfeit a
recognizance is owed ¢10,000.00 to
Mr. X, the Tribunal upon
satisfying itself of this fact may
order Mr. X to pay the ¢10,000.00
or part of it to any party in full
or partial satisfaction of the
fine or amount due to be paid.
(2) The Tribunal may direct that
the property of a person fined or
ordered to pay any money or
forfeit a recognizance should be
seized and realised by the
Registrar or any other authorised
person or party in order to pay
the fine or recognizance.
(3) Where the Tribunal imposes a
fine on any person or forfeits a
recognizance it may make the
following order:
(a) fix the term of imprisonment
which that person is liable to
serve if the fine the person is
liable to pay or recognizance he
is liable to forfeit is not paid,
recovered or forfeited;
(b) give the appropriate C.D.R.
and the police the power to take
all reasonable steps, subject to
the control and supervision of the
Tribunal to ensure that the terms
imposed by the Tribunal are
fulfilled.
Regulation 40—Appeals to Regional
Public Tribunal.
(1) A person aggrieved by the
decision or determination of a
Tribunal is entitled to appeal to
the Regional Public Tribunal.
(2) Unless otherwise specifically
provided by these Regulations the
proceedings of a Tribunal shall be
governed by the provisions of the
Law.
Regulation 41—Special Provision
relating to the Rent Control Law,
1986.
(1) A Tribunal shall have
jurisdiction over any cause or
matter referred to it by the
appropriate Rent and Housing
Committee in its area of
jurisdiction not less than thirty
days from the date the Committee
gives its decision or makes its
order.
(2) Subject to regulation 46 (2)
of these Regulations a Tribunal
shall upon receipt of the record
or decision of a Rent and Housing
Committee serve notice of hearing
on the landlord, tenant or other
person interested in the premises
or matter before the Tribunal to
appear before it for the
determination of the case referred
to it by the Rent and Housing
Committee.
Regulation 42—Cases Referred to
Tribunal by Rent and Housing
Committee.
(1) A Tribunal in dealing with any
case or matter referred to it by a
Rent and Housing Committee may
take all or any of the following
steps to ensure the enforcement of
the decision or order of the
Committee:
(a) ask the landlord, tenant or
other person interested in the
premises or case why an order
should not be issued against him
in accordance with the decision or
order of the Rent and Housing
Committee;
(b) if satisfied with the
explanation given under paragraph
(a) of this Regulation send the
case back to the Rent and Housing
Committee with a request for
further investigation or comments
in terms of the objection and to
report back to the Tribunal;
(c) order rent arrears to be paid
in whole or by instalments to the
Registrar for collection by the
landlord or his agent or order
that the arrears of rent be
treated as a judgement debt to be
recovered under the provisions of
regulation 39 (1) of these
Regulations;
(d) subject to section 2 of the
Rent Control Law, 1986 (P.N.D.C.L.
138) and section 17 (1) of Rent
Act, 1963 (Act 220), make an order
for the ejection of any tenant
from any promises situated within
its area of jurisdiction in
accordance with the decision or
order of a Rent and Housing
Committee;
(e) in addition to imposing the
appropriate penalty, order the
restoration of any facility to the
tenant or person interested in the
premises or permit such tenant or
interested party to restore the
facility, provided that the
landlord or his agent shall
indemnify the tenant that is to
say, the landlord shall be liable
to pay to the tenant all costs or
expenses reasonably arising from
or contingent upon the restoration
of the facility by the tenant;
(f) where, upon receipt of the
record from a Rent and Housing
Committee and in the course of the
determination of the case, it is
established that the tenant has
absconded the Tribunal may upon
application made by a party to the
proceedings, order or authorise
the police, or the appropriate
Rent and Housing Committee to
force open the doors of the
premises occupied by that
absconding tenant and deliver the
premises to the landlord.
(2) A reference made from the Rent
and Housing Committee to a
Tribunal shall not constitute a
rehearing of the case by the
Tribunal.
Regulation 43—Appeals from Rent
and Housing Committees.
Subject to section 14 of the Rent
Control Law, 1986 (P.N.D.C.L.
138), the hearing and
determination of appeals from
decisions of the Rent and Housing
Committee shall be guided by the
relevant provisions of the Law
relating to the appellate
jurisdiction of the Public
Tribunals.
Regulation 44—Application for Stay
of Execution.
(1) A party aggrieved by any order
or decision of a Rent and Housing
Committee who has appealed against
such order or decision may apply
for a stay of execution of the
order or decision to the Tribunal.
(2) An application for a stay of
execution shall be on notice but
the Tribunal may, where the
urgency of the case or other
special or extraordinary
circumstances dictate otherwise
grant leave or hear an application
without notice and grant such
relief or remedy reasonably
necessary in the circumstances.
Regulation 45—Reliefs, Remedies,
Etc.
A
relief, remedy or order arising
from an application not made on
notice may be vacated, reviewed or
otherwise varied by the Tribunal
upon an application on notice by
the person affected by such
remedy, relief or order.
Regulation 46—Power of Tribunal to
vary Recoverable Rent, Etc.
(1) The District Tribunal shall
have final jurisdiction to review
the decision of the Rent and
Housing Committees.
(2) If at the hearing of an
application or appeal, the
applicant or appellant appears but
the other party does not appear,
the Tribunal shall before hearing
such application or appeal inquire
into the question whether the
other party has been duly
notified, in respect of the matter
of the day, time and place of the
hearing to allow for the necessary
notification; but if the Tribunal
is satisfied that the other party
has been duly notified it may
proceed to hear such application
or appeal notwithstanding the
absence of the other party.
(3) If at the hearing of an
application or appeal the
applicant or appellant does not
appear but the other party appears
and opposes the application or
appeal the Tribunal may dismiss or
adjourn the hearing of the
application or appeal or may
proceed to determine the case on
its merits taking into
consideration the record or
evidence available.
Regulation 47—Tribunal to Expedite
Rent Cases.
A
Tribunal shall take all reasonable
steps to ensure that rent cases
are treated with despatch.
Regulation 48—Interpretation.
In these Regulations unless the
context otherwise requires:
"Board" means the Board of Public
Tribunals;
"Law" means the Public Tribunals
Law, 1984 (P.N.D.C.L. 78);
"Tribunal" means a District or
Community Public Tribunal.
Regulation 49—Commencement.
These Regulations shall be deemed
to have come into force on the
19th day of June, 1987.
BOARD MEMBERS
Kweku Gyan .. ..
.. ………………………………………………....
George Agyekurn ..
.. ……………………………………………...….
Moses Tonka .. ..
.. ..…………………………………………..……
Atakuma Amexo . .. ..
…..………………………………………….…
N. C. A. Agbevor ..
.. ….……………………………………...………
Madam Comfort Do .. ..
….………………………………….…………
R. K. Bruce ..
.. ..
…..……………………………….……….…..
H. O. Allotey ..
.. ..
……..….…………………….……………….
Jenkins Kofie ..
.. ..
………..………………………………….…..
Miss Doris Ocansey
.. …………..…………………………………....
W.O. II Mumuni Seidu ..
……………..……………………………….....
Osafo Sampong ..
.. ……………...……………………………......
Justice S. A. Brobbey ..
..
………………...………………………….......
C/Supt. Alhaji Nuhu Billa
.. …………………..……………………...…….
Major John Anane Brobbey ..
…....…………...…………....……………...
K. B. Aning .. ..
.. ..
……………………......……..………………
F. Otu-Essel .. ..
.. ..
…………………………........………………
Date of Gazette Notification: 25th
November, 1988.
ROAD TRAFFIC (ROADWORTHINESS)
(AMENDMENT) REGULATIONS, 1988 (LI
1370).
IN exercise of the powers
conferred on the Secretary
responsible for Transport and
Communications by section 33 of
the Road Traffic Ordinance, 1952
(No. 55) these Regulations are
made this 8th day of July, 1988.
Regulation 1—Regulation 1 of L.I.
780 Amended.
There is hereby substituted for
sub-regulation (3) of regulation 1
of the Road Traffic
(Roadworthiness) Regulations, 1972
(L.I. 780) the following new
sub-regulation:
"(3) In respect of each
half-yearly examination the owner
of the vehicle to be examined
shall pay the following fee:
¢
For a motor cycle . . .
. . . .
. . .
200.00
For a car up to 850 cc .
. . . .
. . .
500.00
For a car from 851 to 1500
cc . . .
. . . 1,000.00
For a car from 1501 to 2000
cc . . . .
. . 1,500.00
For a car over 2000 cc .
. . . .
. . . 4,000.00
For a taxi . . .
. . . .
. . . . .
1,000.00
For a private hiring car .
. . . .
. . .
2,000.00
For a commercial vehicle up to 33
passengers . . .
. 1,200.00
For a commercial vehicle for and
above 34 passengers . .
1,600.00
For a truck up to 7 tons .
. . . .
. . .
1,500.00
For a truck from 8 tons to 15
tons . . .
. . .
2,000.00
For a truck from 16 tons to 21
tons . . . .
. . 2,500.00
For a truck above 22 tons .
. . . .
. . . 4,000.00
For an articulator truck up to 16
tons. . . . .
. 8,000.00
For an articulator truck from 17
tons to 31 tons . .
10,000.00
For an articulator truck from 32
tons and above . .
15,000.00
Regulation 2—Regulation 3 of L.I.
780 Replaced.
There is hereby substituted for
Regulation 3 of the Road Traffic
(Roadworthiness) Regulations, 1972
(L.I. 780) the following new
regulation:
"3. Certificate of Roadworthiness.
(1) Where at such examination a
vehicle is found to be roadworthy,
the examiner shall issue a
certificate to that effect in the
form set out in the Schedule
together with a sticker which
shall be issued without charge.
(2) The certificate and sticker
issued under this regulation shall
remain valid for 6 months and
shall then expire.
(3) The certificate and the
sticker shall be carried within
the vehicle to which it relates
and produced when required by the
Licensing Authority or a Police
Officer.
(4) Where a Licensing Authority is
satisfied that:
(a) a certificate or sticker has
been lost or defaced, it shall
issue a duplicate certificate or
sticker on payment of a fee of
¢500.00 by the owner of the
vehicle;
(b) both the certificate and the
sticker have been lost or defaced
it shall issue duplicate
certificate and sticker on payment
of a fee of ¢1,000.00 by the owner
of the vehicle".
Regulation 3—Regulation 2 of L.I.
816 Amended.
There is hereby substituted for
regulation 2 of the Road Traffic
(Roadworthiness) (Amendment)
Regulations, 1973 (L.I. 816) the
following new regulation:
"2. Delinquent Fees in respect of
Vehicles not resubmitted for the
test by the due.
(1) When the owner of a motor
vehicle who has obtained a
certificate of roadworthiness
under regulation 3 of the
Principal Regulations fails to
re-submit his vehicle for testing
before the expiry of that
certificate he shall in addition
to the fee payable under
regulation (3) of the Principal
Regulations be liable to pay a
delinquent fee as follows:
¢
For a motor cycle . . .
. . . . .
. . . . .
. 100.00
For private cars from 0-2000 cc
. . . . .
. . . .
. 500.00
For private cars from 2001 cc and
above . . . . .
. . .
1,000.00
For taxis, passenger cars,
commercial vehicles including
trotro and buses of all
types . . .
. . . .
. . . .
. . .
1,000.00
For trucks from 0-7 tons .
. . . . .
. . . . .
. 1,000.00
For trucks from 8 tons and above
. . . . .
. . . . .
2,000.00
(2) The owner of a vehicle may be
exempted from the payment of the
delinquent fee specified in
sub-regulation (1) of this
Regulation if he proves by
documentary evidence to the
satisfaction of the Licensing
Authority that the vehicle has not
been serviceable for seven days or
more on account of repairs at a
garage."
Regulation 4—L.I. 1285 Revoked.
Road Traffic (Roadworthiness)
(Amendment) Regulations, 1983 (L.I.
1285) are hereby revoked.
Regulation 5—Commencement.
These Regulations shall be deemed
to have come into force on the 9th
day of March, 1988.
E.O. DONKOR
P.N.D.C. Secretary for Transport
and Communications
Date of Gazette Notification: 9th
September, 1988.
CHIEFTAINCY (MEMBERSHIP OF
REGIONAL HOUSES OF CHIEFS)
(AMENDMENT) INSTRUMENT, 1988 (LI
1369).
IN exercise of the powers
conferred on the Provisional
National Defence Council by
subsection (2) of section 6 of the
Chieftaincy Act, 1971 (Act 370)
this Instrument is made this 22nd
day of July, 1988.
The Chieftaincy (Membership of
Regional Houses of Chiefs)
Instrument, 1974 (L.I. 991) as
amended by the Chieftaincy
(Membership of Regional Houses of
Chiefs) (Amendment) Instrument,
1987 (L.I. 1348) is hereby further
amended as follows:
(a) by the insertion immediately
after “Omanhene of Wiase”
appearing in subparagraph (1) of
paragraph 2 thereof of the
following —
“Omanhene of Amantin
Omanhene of Japekrom
Omanhene of Sampa
Omahene of Yamfo
The President of the Traditional
Council for:
Nchiraa
Nwoase
Branam
Tuobodom
Buoyam
Tanoso
Tano-Boase and
Subinso elected as President of
the Traditional Council from among
the divisional chiefs on an annual
rotational basis”.
(b) by the substitution for
subparagraph (2) of paragraph 2
thereof of the following new
subparagraph—
“(2) The President and
Vice-President of the House both
of whom shall be Amanhene shall be
elected from among the members”.
E.G. TANOH
P.N.D.C. Secretary for Chieftaincy
Affairs
Date of Gazette Notification: 5th
August, 1998.
ELECTRICITY CORPORATION OF GHANA
(ELECTRICAL POWER) REGULATIONS,
1988 (LI 1366).
IN exercise of the powers
conferred on the Board of the
Electricity Corporation of Ghana
by section 20 of the Electricity
Corporation of Ghana Decree, 1967
(N.L.C.D. 125) these Regulations
are made this 12th day of April,
1988.
Regulation 1—Consumer to Fix
Installation.
(1) Subject to the provisions of
these Regulations any,
installation connected with the
supply of electricity to the
premises of any person shall be
provided and fixed by such person.
(2) The wiring of all new
installations or additions and
alterations to existing
installations shall be such as to
ensure private and public safety.
(3) Any person providing or fixing
an installation or wiring any
premises or allowing an
installation for which he is
responsible to become defective in
such a manner as to be unsafe to
individuals or property shall be
deemed to have contravened these
Regulations.
(4) The wiring of premises for the
supply, of electricity shall be
done in accordance with the
Institution of Electrical
Engineers' Regulations (British)
or in accordance with conditions
approved by the Corporation.
Regulation 2—Electrical
Contractors to be Registered.
(1) No person shall undertake the
wiring, maintenance, alteration or
repair of any electrical circuit,
apparatus or equipment which is or
is intended to be connected to the
mains of any electrical supply,
unless he has been licensed and
registered as an electrical
contractor under sub-regulation
(2) of this regulation.
(2) The Corporation may, on an
application made to it in writing,
issue an electrical contractor's
licence to any person who—
(a) produces a certificate of
competency to carry out electrical
wiring issued by a technical
institution approved by the
Corporation; or
(b) passes such test as to his
competency to carry out electrical
wiring as the Corporation may
prescribe.
(3) The Corporation shall maintain
a register of persons to whom such
licences have been issued.
(4) The Corporation shall, on
being satisfied that the holder of
an electrical contractor's licence
has contravened the provisions of
these Regulations, revoke the
licence and strike out the
contractor's name from the
register.
Regulation 3—Notice of
Installation.
Any person shall, before he
commences work on—
(a) any new installation or the
addition to or alteration of
existing installation; or
(b) the whole or part of the
installation,
notify the Corporation of his
intention to commence such work,
giving details thereof.
Regulation 4—Approval and Testing
of Installation.
No electricity shall be supplied
to any new or altered installation
unless the installation is
approved by the Corporation.
Regulation 5—Installation
Application Form.
Any person who desires his
premises to be connected to the
mains shall complete an
installation application form to
be provided by the Corporation.
Regulation 6—Service Connection to
Premises.
(1) A service connection shall
terminate in a service fuse box or
chamber which shall be supplied
and fixed by the Corporation at
the expense of the consumer in a
position to be determined by the
Corporation.
(2) The fuse box or the chamber
shall be maintained by the
Corporation at its own expense
except that the consumer on whose
premises such fuse box or chamber
is fixed shall be liable for any
damage done to it from any cause
other than ordinary wear and tear
or acts of the Corporation.
(3) The wiring of any premises to
be supplied with electricity shall
in all cases terminate in a fire
proof chamber provided by the
Corporation and paid for by the
consumer.
Regulation 7—Consumer to Provide
Accommodation for Transformer.
Where a transformer is necessary
for the supply of electricity the
consumer shall provide a suitable
accommodation for it at a place
within or without the consumer's
premises as may be selected by the
Corporation.
Regulation 8—Meters.
(1) The Corporation shall provide
and install a meter for the supply
of electricity at such convenient
place on the premises of a
consumer as may be determined by
the Corporation.
(2) The consumer shall provide
such connection loops as may be
required from the internal wiring
to the position of the meter.
Regulation 9—Reduction of Supply
of Electricity.
The Corporation may, without
incurring any liability for so
doing other than liability to make
a proportionate reduction in the
charge for the supply, reduce as
it thinks fit the quantity of
electricity supplied to any
premises, if by reason of
unforeseen circumstances it
appears that the supply of
electricity generated is
insufficient to enable the full
quantity to be conveniently
supplied.
Regulation 10—Corporation not
Liable for Injury or Damage.
The Corporation shall not be
liable for any injury to any
person or damage to any property
arising from the cessation of
supply of electricity which is due
to unavoidable accident, fair wear
and tear, the reasonable
requirements of the system or to
any defects in any installation
not provided by the Corporation.
Regulation 11— Precaution in
Execution of Works.
All works in respect of the supply
of electricity which affect—
(a) any street, railway, river,
irrigation system, drainage or
water supply system;
(b) telegraphs, telephones or
harbourworks; or
(c) any public or private work,
shall, notwithstanding any other
requirements, be carried out in
the manner prescribed by these
Regulations and without danger to
public or private safety.
Regulation 12—Precautions Against
Atmospheric Electricity.
(1) Any consumer using electricity
from any installation shall, if
the Corporation so requires,
provide such means for obviating
any damage to the installation by
atmospheric electricity as the
Corporation may determine.
(2) Any consumer who instals a
standby generating set in any
premises connected to the
Corporation's supply system shall—
(a) notify the Corporation of the
installation; and
(b) provide an appropriate change
over switching device which
separate the public mains from
that of the standby generating set
when it is in operation.
(3) The consumer shall be liable
for any damage arising from his
non-compliance with sub-regulation
(2) of this regulation or arising
from any defects in his standby
generating system.
Regulation 13—Procedure in case of
Dangerous Defect in Installation
or Apparatus.
(1) Where the Corporation finds a
defect in any installation or
apparatus which in its opinion is
likely to cause any public or
private danger, it may by notice
in writing, posted at the place in
where such installation or
apparatus is installed, or served
upon the licensee or owner of such
installation or apparatus, suspend
the or apparatus, operation of the
installation or apparatus until
the defect is corrected.
(2) Where notice has been given
under sub-regulation (1) of this
regulation, no person shall
operate the installation or
apparatus until the notice has
been revoked.
Regulation 14—Installation not to
be Altered, etc.
(1) No person shall, without the
prior approval of the Managing
Director, alter, extend or in any
way interfere with an installation
not to be after it has been tested
and passed by the Corporation.
(2) No person shall make any
alteration, extension or addition
to any installation for the supply
of electricity unless it has been
tested and passed by the
Corporation.
Regulation 15—Meter Registering
Incorrectly.
(1) The consumer shall, where he
thinks that a meter on his
premises is out of order or is
registering incorrect readings,
immediately give notice of this to
the Corporation
(2) The meter may at any time be
tested at the Corporation's
workshop upon payment in advance
of the fee prescribed under these
regulations.
(3) A meter shall not be
considered faulty unless it has an
error of over five per-cent fast
or slow.
(4) Where a meter is found to have
an error of more than five per
cent fast or slow the fee paid by
the consumer shall be refunded to
him.
Regulation 16—Replacement of
Faulty Meter.
(1) The Corporation shall, on
receiving notice that a meter is
out of order or is registering
incorrect readings, repair or
replace such meter as soon as
possible.
(2) Subject to sub-regulation (1)
of this regulation, the quantity
of electricity consumed by the
consumer from the date on which
the meter ceased to register
correctly to the day it is
repaired or replaced shall be
estimated by the Corporation—
(a) on the basis of the previous
consumption of electricity on such
premises; or
(b) in the event of such estimate
being impossible, on the basis of
the subsequent consumption after
the repair or replacement.
Regulation 17—Consumer to be Bound
by Reading of Meter.
(1) Subject to sub-regulation (2)
of this regulation, a consumer
shall be bound by the reading of
that meter entered in the books of
the Corporation for the purpose of
calculating the amount of money
due from him to the Corporation
for electricity consumed during
any particular period.
(2) In the absence of evidence
that such entry has been
incorrectly made or that the meter
was at the time of such reading
out of order the amount of money
referred to in sub-regulation (1)
of this regulation shall be paid
by the consumer.
Regulation 18—Managing Director to
Discontinue Supply.
(1) Subject to sub-regulation (2)
of this regulation the Managing
Director may without prejudice to
the right of the Corporation to
draw payment for electricity
supplied or for any services
rendered to the consumer,
discontinue the supply of
electricity to the consumer where
the consumer
(a) fails to pay within
twenty-eight days after the date
of the demand, any sum due
to the Corporation under any
agreement with the Corporation in
respect of any installation;
(b) damages or permits any person
to damage any of the services;
(c) allows any part of the
apparatus connected with the
supply to his premises to become
defective;
(d) uses or allows electricity to
be used in such a manner as to
interfere with the supply of
electricity to others;
(e) tampers or interferes with or
permits to be tampered or
interfered with any service under
the control of the Corporation; or
(f) contravenes any provision of
these Regulations.
(2) The Corporation shall not be
liable to pay compensation for any
connection whose supply of
electricity is discontinued under
sub-regulation (1) of this
regulation.
(3) The consumer shall be liable
to pay to the Corporation for any
damage or expense incurred by the
Corporation in respect of the
discontinuance of supply to the
consumer, such amount as may be
determined by the Corporation.
(4) Where the amount incurred by
the Corporation in respect of
damage done or expenses incurred
in connection with the
discontinuance of the supply of
electricity is greater than the
amount fixed by the Corporation,
the greater amount shall be
charged.
(5) The consumer shall bear any
expenses incurred by the
Corporation in respect of the
re-connection and commencement of
supply as a result of the repair
of any fault, the payment of
arrears or any other cause.
(6) Where the supply of
electricity to a consumer cannot
be discontinued because it is not
possible to have access to his
premises, the consumer shall, on
being issued with a certificate
signed by an officer not below the
rank of Works Superintendent
stating the reason for the
discontinuation, pay the
Corporation the charge he would
otherwise have been liable to pay
to the Corporation under this
regulation if his supply has been
discontinued.
Regulation 19— Managing Director
to Make Inspection.
The Managing Director shall—
(a) at all reasonable hours have
free access to any premises for
the purpose of inspecting any
installation which is under
construction or for making a final
inspection on the completion of
such installation;
(b) make periodic inspection of
all installations that are in
operation,
and any person supervising or
carrying on such construction or
controlling such installation
shall give all reasonable
facilities for the inspection.
Regulation 20—Managing Director to
Enter Premises.
The Managing Director may at any
time between the hours of six in
the morning and six in the
afternoon or in the case of an
emergency, at any other time enter
any premises in which an
installation is under construction
or is in operation for the purpose
of—
(a) inspecting or testing any wire
fitting apparatus installed or
being installed therein and
ascertain whether—
(i)
there is or there is likely to be
any waste, leakage, obstruction,
damage or misuse of electricity in
connection with such installation;
or
(ii) such wire fitting or
apparatus is appropriate for the
supply of electricity;
(b) fixing inspecting, reading,
checking, removing or replacing
any meter or similar apparatus of
the Corporation used or to be used
in connection with the
installation;
(c) disconnecting the installation
from the promises or diminishing,
withholding or divert in the
supply of electricity through or
by means of any wire fitting or
apparatus.
Regulation 21—Use of Electricity
Supplied.
No consumer shall use electricity
supplied to him for any purpose
other than the purpose for which
it is supplied.
Regulation 22—Reconnection by
Consumer.
(1) No owner or occupier of any
premises whose connection to the
mains has been disconnected shall
reconnect without the knowledge of
the Corporation.
(2) No person shall, without the
approval of the Corporation
replace or cause to be replaced
any main fuse.
Regulation 23—Owner or Occupier to
Give Notice.
No owner or occupier of any
premises which are connected to
the mains shall make use of such
connection unless he has obtained
the written permission of the
Managing Director.
Regulation 24—Consumer to Give
Notice.
Any consumer who wishes to have
the service to his premises
disconnected or removed from his
premises shall give not less than
seven days' notice in writing to
that effect to the Managing
Director.
Regulation 25—Notice of Outbreak
of Fire.
The occupier of any premises
shall, in the event of an outbreak
of fire on the premises,
immediately notify the nearest
police station and the Corporation
of the fire outbreak.
Regulation 26—Authentication of
Notice, etc.
Every notice, order or other
document to be issued under these
Regulations which requires an
authentication shall be
sufficiently authenticated if it
is signed by the Managing
Director.
Regulation 27—Service of Notices,
etc.
Where any notice or other document
is required to be served under
these Regulations on any person it
shall be served—
(a) by personal service;
(b) by post;
(c) by being left at his usual or
last known place of abode or
business.
Regulation 28—Offences.
(1) Any person who—
(a) obstructs the Managing
Director from entering any
premises in pursuance of his
duties under these Regulations or
refuses to give any information to
the Managing Director or to any
police officer engaged in carrying
out any of the provisions of these
Regulations or any order duly made
thereunder;
(b) wilfully or negligently
damages any wires, meters,
fittings, works, apparatus,
transformers, substations or any
installation belonging to the
Corporation;
(c) drains oil from any
transformer belonging to the
Corporation, or removes members
from electric pylons;
(d) tampers with any property
belonging to the Corporation or
makes any connection with the
mains or other connection without
the approval of the Corporation;
or
(e) makes a false declaration to
the Corporation in respect of the
number of lights or apparatus on
his premises, or knowingly gives a
false estimate of the number of
lights or apparatus required,
commits an offence and is liable
on summary conviction to a fine
not exceeding ¢100,000.00 or to
imprisonment for a term not
exceeding six months or to both,
and in the case of a continuing
offence to a further fine not
exceeding ¢300 in respect of each
day that the offence continues.
(2) Where the offence is in
respect of making a connection
without the approval of the
Corporation, the person shall, in
addition to any fine or sentence
imposed on him, pay for the amount
of electricity estimated by the
Corporation to have been consumed
by him.
(3) Any person who contravenes
any other provision of these
Regulations commits an offence and
is liable on summary conviction to
a fine not exceeding ¢30,000.00 or
to imprisonment not exceeding
three months or to both.
Regulation 29—Liability For Loss
or Damage.
Without prejudice to regulation 28
of these Regulations any person
who contravenes any provision of
these Regulations shall compensate
the Corporation for any loss or
damage suffered by it as a result
of such contravention.
Regulation 30—Liability of
Occupier.
The occupier of any premises shall
be liable for any contravention of
these Regulations on his premises
during his occupancy, as though he
were the person who actually
contravened these Regulations.
Regulation 31— Interpretation.
In these Regulations unless the
context otherwise requires—
"apparatus" means electrical
apparatus, and includes machine
consuming devices and fittings in
which conductors are used or of
which they form a part;
"consumer" means any person who is
supplied with electricity or whose
premises are for the time being
connected, for the purpose of
supply, with the system;
"Corporation" means the
Electricity Corporation of Ghana;
"installation" means the whole of
any electrical plant, apparatus or
works including the means of
transmission of the original
source of power or prime mover and
its auxiliaries and all buildings
appertaining thereto;
"mains" means electric supply line
through which electricity is or is
intended to be supplied;
"meter" means a meter of any type
intended for the measuring and
recording of electricity used;
“occupier" means the person in the
immediate possession of any
premises, without regard to the
title under
which he occupies and in the case
of premises subdivided and let to
lodgers or various tenants, means
the person
receiving the rent payable by the
lodgers or tenants whether on his
own account or as agent for any
person entitled thereto or
interested therein;
“owner" means the person receiving
the rent or profit of any land or
premises either for himself or as
agent,
trustee, executor or administrator
for any other person, or who
receives such rent or profits
where such land or premises is
let;
"premises" means any building,
room, tenement, hut, shed and the
land appertaining thereto;
"private safety" means the
obviation of danger to the
individual or to private property;
"public safety" means the
obviation of danger to the general
public, to public property and to
roads,
streets, railways, wharves, piers,
bridges, water works telegraphic,
telephonic and other electrical
signalling lines owned or operated
by the Government or by any local
authority;
"Managing Director" means the
chief executive of the Corporation
or his representative.
"street" includes any way, road,
lane, square, court, alley,
passage or open space whether a
thoroughfare or not over which the
public has a right of way and also
the roadway or foot way over any
public bridge;
“system" means any electrical
system in which all the conductors
and apparatus are connected to a
common source of electro-motive
force.
Regulation 32— Revocations
The following Regulations are
hereby revoked—
(a) The Electric Light and Power
Regulations, 1928 (Vol. VIII);
(b) The Electric Light and Power
(Amendment) Regulations, 1956 (L.N.
27); and
(c) The Electric Light and Power
(Amendment) Regulations, 1958 (L.N.
138).
JOHN GODWIN AWOONOR RENNER
Chairman
ERASMUS ALEXANDER KWABLA KALITSI
Member
LOUIS CASELY HAYFORD
Member
ROBERT WOODE
Member
EMMANUEL OFOE AGBETTOR
Member
DR. BENJAMIN ADU-AMANKWAH
Member
Date of Gazette Notification: 30th
June, 1988.
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