ACTS OF GHANA

GHANA LEGION DECREE, 1974, (NRCD 285)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Recognition of the Legion.

2. Legion to be a non-political Organisation.

3. Objects of Legion.

4. National Council.

5. Meetings of the National Council.

6. Secretary-General.

7. Regional Councils.

8. Functions of Regional Council.

9. District Councils.

10. Functions of District Councils.

11. Funds of the Legion.

12. Payment into Bank.

13. Investment by the Legion.

14. Execution of Contracts of the Legion.

15. Power to Hold Lotteries, etc.

16. Power of Commissioner to give Directions.

17. Allowances of Members of National, Regional and District Councils.

18. Accounts and audit.

19. Annual Report.

20. Power of National and Regional Councils to demand Information, etc.

21. Other Ex-servicemen's Organisation.

22. No Ex-servicemen to Benefit from Activities of Legion if not Registered.

23. Exemption from Taxation.

24. Regulations.

25. Offences.

26. Interpretation.

27. Repeal.

28. Transfer of Assets and Liabilities of the Central Council.

29. Transitional Provision.

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

Section 1—Recognition of the Legion.

(1) The Organisation known immediately before the commencement of this Decree as the "Ghana Legion" (in this Decree referred to as the "Legion"), shall continue in existence and shall be the sole body recognised as representing all ex-servicemen in Ghana and charged with responsibility for the welfare of such ex-servicemen.

(2)  The Legion shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its own name.

(3) The Legion may for the purposes of carrying out its objects acquire and hold any moveable and immoveable property, dispose of such property and enter into any contract or other transaction.

Section 2—Legion to be a non-political Organisation.

The Legion shall be a non-political organisation and shall not associate itself with any political party or similar organisation.

Section 3—Objects of Legion.

(1) The objects of the Legion shall be—

(a)  to cater for the welfare of all ex-servicemen in Ghana,

(b)  to foster the spirit of comradeship among ex-servicemen,

(c) to provide free legal aid to ex-servicemen subject to such conditions and limitations as the National Council established under section 4 of this Decree may prescribe,

(d) to do such other things as may be incidental or conducive to the attainment of the foregoing objects.

(2)  Without prejudice to the generality of subsection (1) of this section, in carrying out the object specified in paragraph (a) thereof, the Legion shall give priority to the payment of monthly allowances and continue to maintain and establish legion villages in which shall be accommodated without the payment of any fees or charges disabled or destitute ex-servicemen.

Section 4—National Council.

(1) The governing body of the Legion shall be the National Council.

(2) The National Council shall consist of—

(a)  a Chairman appointed by the Commissioner,

(b)  a Vice-Chairman who shall be the Chief of Defence Staff of the Ghana Armed Forces or his representative,

(c)  three persons nominated by the Commissioner, and

(d)  one representative of each Regional Council elected by that Council.

(3) All members of the National Council other than the Chief of Defence Staff or his representative shall hold office for a period of four years.

(4) Any member of the National Council other than the Chief of Defence Staff or his representative may resign his office by notice in writing addressed to the Commissioner and any such member may for just cause be removed from office by the National Redemption Council.

(5) All members of the National Council ceasing to hold office shall be eligible for re-appointment or re-election as the case may be.

Section 5—Meetings of the National Council.

(1) The National Council shall meet for the discharge of business at such times and places as the Chairman may appoint, so however that the National Council shall meet at intervals not exceeding three months.

(2) The Chairman shall preside at all meetings of the National Council and in his absence the Vice-Chairman shall preside.

(3) In the absence of both the Chairman and Vice-Chairman at any meeting the members of the Council present shall elect one of their number to preside at that meeting.

(4) Questions proposed at a meeting of the National Council shall be determined by a simple majority of the members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.

(5)  The Secretary-General appointed under section 6 of this Decree shall attend all meetings of the National Council but shall not vote on any matter for decision before the National Council.

(6)  Any eight members of the National Council shall constitute a quorum at any meeting of the Council.

(7) The National Council may, at any time, co-opt any person to attend any meeting of the Council, so however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Council.

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

Section 6—Secretary-General.

(1)  There shall be a Secretary-General of the Legion who shall be a public officer.

(2) The Secretary-General shall be appointed by the National Redemption Council on the recommendation of the National Council and upon such terms and conditions as may be determined by the National Council.

Section 7—Regional Councils.

(1) There shall be a Regional Council of the Legion in respect of each Region.

(2) A Regional Council shall consist of one member each of every District Council in the Region elected by the members of the District Council.

(3) Each Regional Council shall have a Chairman elected by the members of the Council from among themselves and a Secretary/Treasurer who shall be a full-time employee of the Legion appointed by the National Council.

(4) The Secretary/Treasurer of a Regional Council shall be entitled to attend and participate in all meetings of the Council so however that where he is not a member of the Council he shall not be entitled to vote on any matter coming before the Council for decision at any such meeting.

(5) Any meeting of a Regional Council shall be deemed to be duly constituted where there are present not less than half the total number of members of the Council.

(6)  Subject to the directions of the National Council, a Regional Council shall regulate its own proceedings.

(7)  A member of a Regional Council shall hold office for four years and shall be eligible for re-election.

Section 8—Functions of Regional Council.

A Regional Council shall perform within its Region such functions as the National Council may delegate to it and shall, subject to the directions of the National Council, be responsible for co-ordinating the activities of the District Councils within its Region.

Section 9—District Councils.

(1) There shall be a District Council of the Legion within each administrative district of Ghana; but for the purposes of this Decree a constituency within the Greater Accra administrative region is deemed to be a district. [As substituted by the Ghana Legion (Amendment) Decree, 1975 (SMCD 7) s. 1]

(2) A District Council shall consist of a Chairman, a Secretary/Treasurer and three other persons elected by all the ex-servicemen in the district.

(3) The quorum at any meeting of a District Council shall be three.

(4) A member of a District Council shall hold office for four years and shall be eligible for re-election.

Section 10—Functions of District Councils.

A  District Council shall perform within its district such functions as the Regional Council for the Region for the Region may delegate to it.

Section 11—Funds of the Legion.

(1)  The funds of the Legion shall include—

(a) all moneys accruing to the Legion from the Government by way of grants-in-aid or endowment or otherwise;

(b)  all charges, dues or amounts recovered by the Legion;

(c)  all interests on moneys invested by the Legion;

(d)  all donations accruing to the Legion for the general purposes of the Legion from sources other than sources specified in this Decree;

(e)  all moneys due to the Legion in respect of its activities under section 15 of this Decree;

(f)  any other moneys accruing to the Legion in the course of its activities.

(2)  The funds of the Legion shall be applied by the Legion towards the furtherance of its objects as provided for in this Decree.

Section 12—Payment into Bank.

All moneys received on account of the Legion shall, unless the Commissioner otherwise directs, be paid into any bank approved by the National Council for the credit of the general, current or deposit accounts of the Legion.

Section 13—Investment by the Legion.

The National Council may with the prior approval of the Commissioner, from time to time, invest moneys in the funds of the Legion not required for current use in securities of the Government or, with the approval of the Commissioner, in any other security and may, with the prior approval of the Commissioner, re-invest any investments in the funds of the Legion.

Section 14—Execution of Contracts of the Legion.

(1)  The application of the seal of the Legion shall be authenticated by two signatures, namely—

(a)  the signature of the Chairman or by some other member of the National Council authorised by the National Council to authenticate the application of the seal; and

(b)  the signature of the Secretary-General or some other officer of the Legion authorised by that Council to act in the Secretary-General's place for that purpose.

(2) The National Council may by instrument in writing under the common seal of the Legion empower any person either generally or in respect of any specified matters as its attorney, to execute deeds on behalf of the Legion in any place not situated in Ghana, and every deed signed by such attorney on behalf of the Legion and under his seal, shall be binding on the Legion and have the same effect as if it were under the common seal of the Legion.

(3)  Any instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Legion by the Chairman or any member of the National Council if such a person has previously been authorised by a resolution of the National Council to execute or enter into that particular instrument or contract:

Provided that if the National Council thinks fit, it may by writing under its common seal, appoint any person outside Ghana as agent to execute any instrument or enter into any contract and the instrument or contract if executed or entered into on behalf of the Legion shall have effect as if it had been duly executed or entered into as prescribed for the purpose of this subsection.

(4) Every document purporting to be an instrument executed or issued by or on behalf of the Legion and to be—

(a) sealed with the common seal of the Legion authenticated in the manner provided by subsection (1) of this subsection; or

(b)  signed by and under the seal of a person appointed as attorney under subsection (2) of this section; or

(c) signed by the Chairman or by a member of the National Council or other person authorised in accordance with subsection (3) of this section to act for that purpose,

shall be deemed to be duly executed or issued until the contrary is shown.

Section 15—Power to Hold Lotteries, Etc.

(1) The Legion shall have power to hold lotteries in accordance with this section for the purpose of raising funds for the discharge of its objects under section 3 of this Decree.

(2) The tickets printed for use in the lottery shall bear consecutive numbers starting with the number one, and each ticket shall bear the name and address of the Legion.

(3) The price of every ticket shall be the same, and shall be stated on the ticket.

(4) The total prizes in the lottery or the value thereof shall not exceed ¢25,000.00 unless the Commissioner otherwise permits in writing.

(5)  Subject to section 11 of this Decree, the whole proceeds of the lottery after deducting the expenses of the lottery (which shall not exceed ten per centum of the whole of the moneys received from the sale of tickets) shall, in so far as they are not devoted to the provision of prizes in respect of tickets, be applied in discharging the objects of the Legion under section 3 of this Decree.

(6) No ticket shall be issued or allotted by the Legion except by way of sale and upon receipt of the full price thereof, and no money received by the Legion for the sale of a ticket shall in any circumstances be returned:

Provided that money received by the Legion in respect of the sale of a ticket may be returned to the purchaser in any case where it was not received by the Legion on or before the advertised closing date and where the ticket in respect of which the money was received was not included among the tickets from which the winning ticket was selected.

(7)  No unsold ticket shall be allowed to participate in a draw at any lottery held under this section.

(8) Within one month after the determination of the tickets in respect of which prizes are awarded in the lottery, the National Council shall cause to be sent to the Commissioner a statement containing the following particulars:—

(a)  the total sum realised on the sale of tickets and the number of tickets sold;

(b)  the cost of the prizes or the amount of the prizes, if money prizes; and

(c)  the expenses of promoting the lottery with reference to the matters on which the expense was incurred.

(9) The Commissioner may request from the Council any further information or documents relating to a lottery held by the Legion, and the Council shall comply with such request.

(10) The Legion may also for the purposes of the attainment of its objects hold raffles which shall be subject to such conditions and limitations as the Commissioner may prescribe by regulations made under section 24 of this Decree.

(11) Part I of the Lotteries and Betting Act, 1960 (Act 31) shall not apply to a lottery or raffle held by the Legion in accordance with the provisions of this section.

Section 16—Power of Commissioner to give Directions.

The Commissioner may, after consultation with the National Council give to the Legion by writing, general directions on matters of policy and it shall be the duty of the National Council to ensure that such directions are carried into effect.

Section 17—Allowances of Members of National, Regional and District Councils.

There shall be paid out of the funds of the Legion to members of the National Council and of Regional and District Councils travelling allowances and expenses at such rates as the Commissioner may approve.

Section 18—Accounts and Audit.

(1) The National Council shall cause proper books of account and proper records thereof to be kept in relation to the financial affairs and transactions of the Legion and in such form as the Auditor-General may approve.

(2) The books and accounts of the Legion shall be audited annually by the Auditor-General, who shall, at all times be entitled to have access to all books, records, stores, and other matters relating to such accounts, and who shall in his report, draw attention to irregularities in the accounts audited by him.

Section 19—Annual Report.

The National Council shall as soon as possible after the expiration of each financial year but within six months after the termination of that financial year, submit to the Commissioner an annual report dealing generally with the activities and operations of the Legion within that year which shall, without prejudice to the generality of the foregoing include—

(a)  a copy of the audited accounts of the Legion together with the Auditor-General's report thereon;

(b) a statement of all directions given by the Commissioner to the Council under section 16 of this Decree within that year, and

(c) such other information as the Commissioner may by writing reasonably request.

Section 20—Power of National and Regional Councils to demand Information, Etc.

(1) The National Council may by writing request from any Regional or District Council or any officer thereof, any information which the National Council considers necessary for enabling the National Council to carry out its functions under this Decree and the Regional or District Council or such officer shall be bound to provide such information.

(2) The National Council may give to a Regional or District Council or to any officer thereof such instructions as it may think necessary for attaining the objects of the Legion and it shall be the duty of any such Council or officer to comply with such directions.

(3) A Regional Council may request from any District Council within its Region or any officer thereof any information that it may consider necessary to enable the Regional Council to carry out its functions under this Decree and it shall be the duty of such Council or officer to provide such information.

(4) A Regional Council may give to any District Council within its Region or to any officer thereof such directions as it may consider necessary for enabling the Regional Council to carry out its functions under this Decree and it shall be the duty of such Council or officer to comply with such directions.

Section 21—Other Ex-servicemen's Organisation.

(1) Every ex-serviceman's organisation existing outside the Legion shall be registered with the Legion.

(2) No such organisation shall in any manner solicit funds from the Government or from any foreign Government or agency or from the public or any section thereof except through the Legion or with the approval of the National Council.

(3) No such organisation shall affiliate itself with any ex-servicemen's organisation outside Ghana except with the prior written approval of the National Council.

(4) The National Council may by writing request from such organisation or any officer thereof any information which it considers necessary for the purposes of this Decree and may for that purpose, by writing, give such directions to such organisation or officer as it may think fit and it shall be the duty of such organisation or officer to provide such information and to comply with such directions.

(5) Without prejudice to the generality of subsection (4) of this section, the National Council may under that section request any such organisation to submit to the Council audited accounts and reports on its activities at such intervals as the Council may specify and may after consultation with the Auditor-General, cause the Auditor-General to audit the accounts of such organisation.

Section 22—No Ex-servicemen to Benefit from Activities of Legion if not Registered.

No ex-serviceman shall be afforded any benefit from the activities of the Legion under this Decree unless he is a registered member of the Legion or except where the National Council otherwise directs.

Section 23—Exemption from Taxation.

The Legion shall not be liable to pay income tax, rates or any other tax in respect of its property or activities under this Decree or any other law for the time being in force.

Section 24—Regulations.

The Commissioner may, after consultation with the National Council, make such regulations as he considers necessary or expedient for prescribing anything which is required or permitted to be prescribed by regulations or for the due administration of this Decree and in particular, but without prejudice to the generality of the foregoing, prescribing—

(a)  the conditions for eligibility for assistance by the Legion;

(b)  conditions for any registration required under this Decree;

(c)  who should be considered an ex-serviceman for the purposes of this Decree.

Section 25—Offences.

Any person who contravenes any of the provisions of sections 15, 20 and 21 of this Decree shall be guilty of an offence and liable on summary conviction to a fine not exceeding ¢500.00 or to a term of imprisonment not exceeding twelve months or to both.

Section 26—Interpretation.

In this Decree, unless the context otherwise requires,

"Commissioner" means the Commissioner responsible for Defence;

"Constituency" means one of the constituencies into Ghana is for the time being divided pursuant to the provisions of praragraph 1 of the Representation of the People's Decree, 1968 (NRCD 255). [As inserted by the Ghana Legion (Amendment) Decree, 1975 (SMCD 7), s. 2]

"District Council" means a District Council established under the provisions of section 9 of this Decree;

"Legion" means the Ghana Legion as recognised under the provisions of section 1 of this Decree;

"National Council" means the National Council established under the provisions of section 4 of this Decree;

"Regional Council" means a Regional Council established under the provisions of section 7 of this Decree.

Section 27—Repeals.

The Ghana Legion Act, 1960 (No.6 of 1960) is hereby repealed.

Section 28—Transfer of Assets and Liabilities of the Central Council.

All assets, rights, obligations and liabilities of the body known immediately before the commencement of this Decree as the Central Council are hereby transferred to the Legion continued under this Decree.

Section 29—Transitional Provision.

(1) Until the National Council of the Legion is duly composed under section 4 of this Decree, the affairs of the Legion shall be conducted by the Central Council of the Legion existing immediately before commencement of this Decree subject to such directions as the Commissioner may give in that behalf; accordingly, this section shall cease to have effect when the National Council is duly composed as aforesaid.

(2) Subject to subsection (1) until the National Council is duly composed as aforesaid any reference in this Decree to the National Council shall be construed as a reference to the Central Council.

(3) The other provisions of this Decree shall, while this section remains in force, be construed with such modifications as will give full effect to the provisions of this section.

Made this 23rd day of August, 1974.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council.

Date of Gazette Notification: 20th September, 1974.

amended by

GHANA LEGION (AMENDMENT) DECREE, 1975 (SMCD 7).1