|
INTERPRETATION ACT, 1960 (CA 4)
As amended by
ARRANGEMENT OF SECTIONS
Section
1. Application.
Operation of Enactments
2. Long title and preamble.
3. Punctuation.
4. Headings and marginal notes.
5. Descriptive words.
6. Amended, substituted and
applied enactments.
6A. Authorisation of Reprinting.
6B. Validation of Certain Provious
Reprints.
7. Textual insertion not affected
by repeal of amending enactment.
8. Effect of repeal, revocation or
cesser.
9. Effect of substituting
enactment.
Construction of Powers and Duties
10. Statutory powers and duties.
11. Power to grant licences,
authorisations and permits.
12. Appointments to office.
Procedure and Practice
13. Service of documents.
14. Rules of Court.
15. Administration of oath.
16. Deviation in forms.
The Common Law and Customary Law
17. The common law.
18. Customary law.
Interpretation of Enactments
19. Use of text-books and other
publications in construction of
enactments.
20. Republic: when bound.
21. Construction of statutory
instrument.
22. Time.
23. Reckoning of periods of time
by the calendar: month and year.
24. Distance.
25. Age.
26. Gender and number.
27. "Shall" and "may".
28. Corresponding parts of speech.
29. Reference to series of
provisions.
30. Names commonly used.
31. Country.
32. Interpretation of particular
terms.
32A. Extension of 1981-82
Financial Year
33. Commencement of this Act.
34. Repeals.
AN ACT
OF THE CONSTITUENT ASSEMBLY OF
GHANA
ENTITLED
THE INTERPRETATION ACT, 1960
AN ACT to provide for the
interpretation of the Constitution
and other enactments.
DATE OF PASSING: 29th June, 1960
WHEREAS by section 2 of the
Constituent Assembly and
Plebiscite Act, 1960 (No. 1) this
Constituent Assembly is authorised
to enact such provisions for or in
connection with the establishment
of a new Constitution as it thinks
fit:
AND WHEREAS it is expedient to
enact the provisions hereinafter
appearing in consequence of the
enactment of the Constitution:
NOW THEREFORE BE IT ENACTED by the
Constituent Assembly as follows:—
Section 1—Application.
Each provision of this Act applies
to every enactment being—
(a) the Constitution, an Act
(including this Act) of the
Constituent Assembly or of the
Parliament of the Republic of
Ghana.
(b) a legislative measure
continued in force by the
Constitution, or
(c) an instrument made (directly
or indirectly) under any such
enactment,
except insofar as the contrary
intention appears in the
enactment.
Operation of Enactments
Section 2—Long Title and Preamble.
The long title and the preamble
form part of an Act intended to
assist in explaining the purport
and object of the Act.
Section 3—Punctuation.
Punctuation forms part of an
enactment and may be used as an
aid to its construction.
Section 4—Headings and Marginal
Notes.
An arrangement of sections or of
similar divisions of an enactment
placed at the front of an
enactment, an arrangement of
sections or of similar divisions
of an enactment placed at the
front of an enactment, titles
placed at the head or beginning of
any subdivision of an enactment
and notes and references placed at
the side of any provision are
intended for convenience of
reference only and do not form
part of the enactment.[As amended
by the Interpretation (Amendment)
Act, 1961 (Act 92) s.1]
Section 5—Descriptive Words.
Words in an enactment descriptive
of another enactment are intended
for convenience of reference only
and shall not be used as an aid to
the construction of the enactment
to which they refer.
Section 6—Amended, Substituted and
Applied Enactments.
A
reference in an enactment to any
enactment shall be construed as a
reference to it as for the time
being amended by any provision,
including a provision contained in
the enactment in which the
reference is made or in a later
enactment.
Where an enactment is repealed or
revoked and another enactment is
substituted, by way of amendment,
revision or consolidation, a
reference to the repealed or
revoked enactment shall be
construed as a reference to the
substituted enactment.
Where an enactment applies another
enactment, whether with or without
modification, and the applied
enactment is subsequently repealed
or revoked it shall continue to
apply according to the terms of
the enactment which applies it,
notwithstanding the repeal or
revocation.
Section 6A—Authorisation of
Reprinting.
(1) Where any enactment is
amended, the Minister responsible
for Justice may authorise the
reprinting of such enactment as so
amended.
(2) Where any enactment is
reprinted under the authority
granted under subsection (1) of
this section, every copy of the
enactment as so reprinted shall be
deemed to be the authentic and
correct copy of the enactment on
the date of the reprinting if,
(a) the date of such reprinting is
printed on the copy; and
(b) the copy purports to be
printed by the Government
Printer.[As Inserted by the
Interpretation (Amendment) (No.2)
Act, 1962 (Act 145), s.1]
Section 6B—Validation of Certain
Previous Reprints.
Every copy of an enactment which
was amended, and thereafter
reprinted by the Government
Printer or under his authority,
between the first day of July,
1960 and the date of the
commencement of this Act shall be
deemed to be the true and
authentic copy of such enactment,
notwithstanding that the
provisions of section 6A of the
principal Act (inserted by section
1 of this Act) were not complied
with[ Inserted and to be cited as
the Interpretation (Amendment)
(No.2) Act, 1962 (Act 145), s.2].
Section 7—Textual Insertion not
Affected by Repeal of Amending
Enactment.
The repeal or revocation of an
enactment which provides for a
textual insertion in another
enactment shall not affect the
insertion and the text of the
altered enactment shall continue
to stand as altered,
notwithstanding the repeal or
revocation.
Section 8—Effect of Repeal,
Revocation or Cesser.
(1) The repeal or revocation of an
enactment shall not—
(a) revive anything not in force
or existing at the time when the
repeal or revocation takes effect;
or
(b) affect the previous operation
of the enactment or anything duly
done or suffered thereunder; or
(c) affect any right, privilege,
obligation or liability acquired,
accrued or incurred thereunder; or
(d) affect any penalty, forfeiture
or punishment incurred in respect
of any offence committed
thereunder; or
(e) affect any investigation,
legal proceeding or remedy in
respect of any such right,
privilege, obligation, liability,
penalty, forfeiture or punishment,
and any such investigation, legal
proceeding or remedy may be
instituted, continued or enforced,
and any such penalty, forfeiture
or punishment may be imposed, as
if the enactment had not been
repealed or revoked.
(2) When an enactment expires,
lapses or otherwise ceases to have
effect this section shall apply as
if the enactment had then been
repealed or revoked.
Section 9—Effect of Substituting
Enactment.
Where an enactment is repealed or
revoked and another enactment is
substituted, by way of amendment,
revision or consolidation—
(a) all authorities and persons
established or acting under the
repealed or revoked enactment
shall continue to be established,
or to be entitled to act, under
the substituted enactment; [As
amended by the Interpretation
(Amendment) Act, 1961, (Act 92),
s.2]
(b) every bond and security given
by a person appointed under the
repealed or revoked enactment
shall remain in force and all
books, papers and things used
under it shall continue to be used
so far as consistent with the
substituted enactment; and
(c) all proceedings taken under
the repealed or revoked enactment
shall be prosecuted and continued
under and in conformity with the
substituted enactment, so far as
consistently may be.
Construction of Powers and Duties
Section 10—Statutory Powers and
Duties.
(1) Where an enactment confers a
power or imposes a duty the power
may be exercised and the duty
shall be performed from time to
time as occasion requires.
(2) Where an enactment confers a
power, or imposes a duty, to do
any act or thing all such powers
shall be deemed to be also given
as are reasonably necessary to
enable that act or thing to be
done or are incidental to the
doing thereof. [As amended by the
Interpretation (Amendment) Act,
1961, (Act 92) s.3]
Section 11—Power to Grant
Licences, Authorisations and
Permits.
Where an enactment confers power
to grant a licence, authorisation
or permit, the power includes
power to revoke, suspend or amend
the licence, authorisation or
permit.
Section 12—Appointments to Office.
(1) Where an enactment confers a
power to appoint a person to an
office, whether for a specified
period or not, the power includes—
(a) power to remove or suspend
him;
(b) power, exercisable in the
manner and subject to the
limitations and conditions
applicable to the power to
appoint—
(i)
to reappoint or reinstate him;
(ii) to appoint a person to act in
his stead either generally or in
regard to specified functions,
during such time as the authority
in whom the power of appointment
to the office is vested considers
expedient.
(2) A reference in an enactment to
the holder of an office shall be
construed as including a reference
to a person for the time being
appointed to act in his stead,
either, as the case may require,
as respects the functions of the
office generally or the functions
in regard to which he is
appointed.
Procedure and Practice
Section 13—Service of Documents.
(1) Where an enactment authorises
or requires a document to be
served on any person without
directing it to be served in a
particular manner the service of
the document may be effected
either—
(a) by personal service, or
(b) by post in accordance with
subsection (2) of this section, or
(c) by leaving it for him with
some person apparently over the
age of sixteen at his usual or
last known place of abode or
business, or
(d) in the case of a corporate
body or an unincorporated body of
persons, by delivering it to the
secretary or clerk of the body at
the registered or principal office
of the body or serving it by post
in accordance with subsection (2)
of this section on the secretary
or clerk at his office, or
(e) if it is not practicable after
reasonable inquiry to ascertain
the name or address of an owner or
occupier of, or person having a
particular estate or interest in,
premises on whom the document
should be served, by addressing
the document to him by the
description " owner " or
“occupier" of, or by the
description of the particular
estate or interest in, the
premises (naming them) to which
the document relates, and by
delivering it to some person
apparently over the age of sixteen
on the premises or, if there is no
person on the premises to whom it
can be delivered, by affixing it,
or a copy of it, to some
conspicuous part of the premises.
(2) Where an enactment authorises
or requires a document to be
served by post, whether the word
"serve" or some other word is
used, service may be effected by
prepaying, registering and posting
an envelope containing the
document, addressed to the person
on whom the document is to be
served at his last known postal
address; and, unless the contrary
is proved, the document shall be
deemed to have been served at the
time at which the envelope would
have been delivered in the
ordinary course of post.
Section 14—Rules of Court.
Where an enactment confers
jurisdiction on a court or other
tribunal or varies its
jurisdiction, the authority having
for the time being power to make
rules regulating the practice and
procedure of that court or
tribunal may make such rules as
appear to the authority to be
necessary or expedient for
regulating the practice and
procedure of the court or tribunal
in the exercise of the
jurisdiction.
Section 15—Administration of Oath.
Where by an enactment power is
conferred to require evidence to
be given on oath otherwise than in
a court the power includes power
to administer the oath. or take an
affidavit or statutory
declaration.[As substituted by the
Interpretation (Amendment) Act,
1961 (Act 92), s.4]
Section 16—Deviation in Forms.
Where a form is prescribed or
specified by an enactment,
deviations from the form not
materially affecting the substance
or calculated to mislead shall not
invalidate the form used.
The Common Law and Customary Law
Section 17—The Common Law.
(1) The common law, as comprised
in the laws of Ghana, consists, in
addition to the rules of law
generally known as the common law,
of the rules generally known as
the doctrines of equity and of
rules of customary law included in
the common law under any enactment
providing for the assimilation of
such rules of customary law as are
suitable for general application.
(2) In the case of inconsistency,
an assimilated rule shall prevail
over any other rule, and a rule of
equity shall prevail over any rule
other than an assimilated rule.
(3) While any of the statutes of
general application continue to
apply by virtue of the Courts Act,
1960 (C.A. 9), they shall be
treated as if they formed part of
the common law, as defined in
subsection (1), prevailing over
any rule thereof other than an
assimilated rule.
(4) In deciding upon the existence
or content of a rule of the common
law, as so defined, the Court may
have regard to any exposition of
that rule by a court exercising
jurisdiction in any country.
(5) A reference in an enactment to
the common law shall be construed
as a reference to it as affected
by any enactment for the time
being in force.
Section 18—Customary Law.
(1) Customary law, as comprised in
the laws of Ghana, consists of
rules of law which by custom are
applicable to particular
communities in Ghana, not being
rules included in the common law
under any enactment providing for
the assimilation of such rules of
customary law as are suitable for
general application.
(2) A reference in an enactment to
a customary law shall be construed
as a reference to it as affected
by any enactment for the time
being in force.
Interpretation of Enactments
Section 19—Use of Text-Books and
Other Publications in Construction
of Enactments.
(1) For the purpose of
ascertaining the mischief and
defect which an enactment was made
to cure and as an aid to the
construction of the enactment a
court may have regard to any
text-book or other work of
reference, to the report of any
commission of inquiry into the
state of the law, to any
memorandum published by authority
in reference to the enactment or
to the Bill for the enactment and
to any papers laid before the
National Assembly in reference to
it, but not to the debates in the
Assembly.
(2) The aids to construction
referred to in this section are in
addition to any other accepted
aid.
Section 20—Republic: When Bound.
The Republic shall not be bound by
an enactment except by express
terms or by necessary implication.
Section 21—Construction of
Statutory Instrument.
A
statutory instrument shall be
construed as one with the Act
under which it is made.
Section 22—Time.
(1) References in an enactment to
time are to Greenwich mean time.
(2) Where in an enactment a period
of time is expressed to begin on a
particular day, that day shall be
included in the period.
(3) Where in an enactment a period
of time is expressed to be
reckoned from, or after, a
particular day, that day shall not
be included in the period.
(4) Where in an enactment a period
of time is expressed to end on, or
be reckoned to a particular day,
that day shall be included in the
period.
(5) Where the time limited by an
enactment for the doing of
anything expires on a Sunday or a
public holiday, the time so
limited shall extend to and the
thing may be done on the first
following day that is not a Sunday
or a public holiday.
(6) Subsections (2) to (5) of this
section apply in relation to a
period expressed in days whether
or not the number of days is
expressed to be clear days.
(7) Where in an enactment anything
is required to be done on a
particular day, then, if that day
happens to fall on a Sunday or
public holiday, the thing shall be
considered as duly done if it is
done on the first following day
that is not a Sunday or public
holiday.
Section 23—Reckoning of Periods of
Time by the Calendar: Month and
Year.
(1) In an enactment "month" means
a calendar month, that is to say,
a month reckoned according to the
calendar.
(2) If the period indicated in the
enactment begins on any date other
than the first day of any of the
twelve months of the calendar it
is to be reckoned from the date on
which it is to begin to the date
in the next month numerically
corresponding, less one, or, if
there is no corresponding date, to
the last day of that month.
For example: a month beginning on
15th January ends on 14th
February; a month beginning on
31st January ends on 28th February
(or 29th February in a leap year).
(3) If the indicated period is one
of two, three or more months, it
is to be reckoned from the date on
which it is to begin to the date
numerically corresponding, less
one, in the second, third or other
successive month thereafter or, if
there is no such corresponding
date, to the last day of the
latter month.
For example: a period of six
months beginning on 15th August
ends on 14th February; a period of
six months beginning on 30th or
31st August ends on 28th February
(or 29th February in a leap year).
(4) In an enactment "year" means a
period of twelve months.
Section 24—Distance.
In the measurement of distance for
the purpose of an enactment, the
distance shall be measured in a
straight line on a horizontal
plane and may be determined by
reference to the most recent
edition of a Government survey map
available at the time of
determination unless that distance
is proved incorrect as to the
particular distance which is to be
determined.
Section 25—Age.
For the purpose of an enactment a
person shall be regarded as having
attained a given age at the
beginning of the day on which the
anniversary of his birth occurs
and not on the previous day.
Section 26—Gender and Number.
(1) In an enactment words
importing the male sex include
females and words importing the
female sex include males.
(2) Where an enactment employs the
term "person" or “party", the use
of a pronoun importing the
masculine gender shall not of
itself be construed as limiting
the term to a natural person.
(3) In an enactment—
(a) words in the singular include
the plural, and
(b) words in the plural include
the singular.
Section 27—“Shall” and “May”.
In an enactment made after the
passing of this Act, "shall” shall
be construed as imperative and
"may" as permissive and
empowering.
Section 28—Corresponding Parts of
Speech.
Where a word is defined in an
enactment other parts of speech
and grammatical variations of that
word have corresponding meanings.
Section 29—Reference to Series of
Provisions.
Where a consecutive series of
provisions of an enactment is
described by reference to the
first and last in the series, the
description shall be read as
including such first and last
provisions.
Section 30—Names Commonly Used.
In an enactment a name commonly
applied to a country, place,
public department, body,
corporation, society, authority,
officer, functionary, or other
person or thing whatsoever means
that to whom or to which the name
is commonly applied,
notwithstanding that it is not the
formal name or that it is
abbreviated.
Section 31—Country.
A
reference in an enactment to a
country includes reference to any
territory for whose international
relations that country is
responsible.
Section 32—Interpretation of
Particular Terms.
(1) In an enactment—
“Act” or “Act of Parliament” means
the Constitution, an Act of the
Constituent Assembly or of
Parliament, or any legislative
measure of an authority formerly
exercising power to make laws for
the territory or any part of the
territory comprised in the
Republic but does not include a
statute of general application,
continuing to apply by virtue of
section 154 of the Courts Act,
1960 (C.A. 9);
“act” includes an omission and
references to the doing of an act
shall be construed accordingly;
“affidavit", in the case of
persons allowed by law to make an
affirmation or declaration instead
of an oath, includes such
affirmation or declaration;
"bank holiday" means a day which
is by law to be kept as a close
holiday in all banks;
“commencement", in reference to an
enactment, means the time at which
the enactment comes into force;
"the common law" shall be
construed in accordance with
section 17 of this Act;
"Commonwealth country" means any
of the members of the
Commonwealth, other than Ghana,
comprising the United Kingdom,
Canada, Australia, New Zealand,
India, Pakistan, Ceylon, the
Federation of Malaysia, the
Federation of Nigeria, the
Republic of Cyprus, Sierra Leone
and any other country for the time
being recognized as a member;
“consular officer” means
consul-general, consul,
vice-consul, consular agent, or
any person for the time being
authorised to discharge the duties
of consul-general, consul or
vice-consul;
“contravention", in reference to
an enactment, includes a failure
to comply with it;
“costs" includes fees, charges,
disbursements, expenses and
remuneration;
“country" has the meaning given to
it by section 31 of this Act;
“court" means a court of competent
jurisdiction;
“Crown Agents" means the Crown
Agents for Oversea Governments and
Administrations for the time
being;
“customary law" shall be construed
in accordance with section 18 of
this Act;
“enactment" means an Act or
statutory instrument or any
provision of an Act or statutory
instrument;
“export" means to take or cause to
be taken out of the Republic by
any means whatsoever;
"financial year” means a period of
twelve months ending on the 31st
day of December.[As amended by the
Interpretation Act (Amendment)
Law, 1982 (PNDCL 12), s.1]
"functions" includes powers and
duties;
"Gazette” means an ordinary or an
extraordinary issue of the Ghana
Gazette and includes a
Supplement;"goods " means all
kinds of movable property;
"Government" includes any
authority by which the executive
power of the State is duly
exercised in a particular case;
"Government Printer" means the
printer authorised to print
enactments;
"Government survey map" means a
map made under an enactment
providing for the survey of land
on behalf of the Government;
“immovable property" means land;
"import" means to bring or cause
to be brought into the Republic by
any means whatsoever;
“individual" means a natural
person and does not include a
corporation;
"infant" means a person who has
not attained the age of twenty-one
years;
"land" includes land covered by
water, any house, building or
structure whatsoever, and any
estate, interest or right in, to
or over land or water;
"local authority" means a District
Assembly or other authority
established under the Local
Government Act, 1993 (Act 462); or
any other authority established in
accordance with that Act.[As
Amended by the Interpretation
(Amendment) Act, 1961 (Act 92)
s.5(a) and further amended by the
Local Government Act, 1993 (Act
462), sch. 7)]
"Local government council" means a
District Assembly or any other
council established under the
Local Government Act, 1993 (Act
462.[As substituted by the Local
Administration Act, 1971 (Act
359), sch. 5 and further amended
by the Local Government Act, 1993
(Act 462), sch. 7)]
“master", in reference to a ship,
means any person, except a pilot
or harbour master, having for the
time being control or charge of
the ship;
“midnight", in reference to a day,
means the point of time at which
that day ends;
“Minister", in relation to a
Ministry the portfolio of which is
held by the President, means the
President;
“month" has the meaning given to
it by section 23 of this Act;
“movable property" means property
of every description, including
growing crops, except land;
“oath", in the case of a person
allowed by law to make an
affirmation or declaration instead
of an oath, includes such
affirmation or declaration;
“person" includes a body corporate
(whether a corporation aggregate
or a corporation sole) and an
unincorporated body of persons as
well as an individual;
“public holiday" means any day
which is by law to be observed as
a public holiday;
"public officer" means a member of
any of the Public Services,
namely, the Civil Service, the
Judicial Service, the Police
Service, the Local Government
Service and such other services as
may, pursuant to Article 51 of the
Constitution, be constituted by
Act of Parliament as Public
Services of Ghana, and any other
person declared by any enactment
to be a public officer;
"registered dentist" means a
person registered as a dentist
under the law for the time being
in force for the regulation of the
dental profession;
“registered medical practitioner"
means a person registered as a
medical practitioner under the law
for the time being in force for
the regulation of the medical
profession;
“ship" includes every description
of vessel used in navigation not
exclusively propelled by oars or
paddles;
“signature" includes a mark and a
thumbprint;
“Southern Ghana" means the area
comprising the Eastern Region, the
Western Region, the Central Region
and the Volta Region;
"Statutory corporation" means a
corporation established by Act of
Parliament or under the Statutory
Corporations Act, 1961 (Act
41).[As inserted by the
Interpretation (Amendment) Act,
1961 (Act 92), s.5(b)]
“statutory declaration” means a
declaration made in accordance
with the Statutory Declarations
Act, 1835;
“vessel" includes floating craft
of every description;
“will" includes a codicil;
“writing" and expressions
referring to writing include
printing, lithography,
typewriting, photography and other
modes of representing or
reproducing words or figures in
visible form;
“week" means the period between
midnight on any Saturday and
midnight on the next following
Saturday;
“week-day" means a day which is
not Sunday.
“year" has the meaning given to it
by section 23 of this Act.
(2) In an enactment continued in
force by the Constitution—
“Act " or " Act of Parliament "
includes an Ordinance, Order in
Council, order, proclamation,
rule, regulation or bye-law;
“Ordinance " includes an Act.
Section 32A—Extension of 1981-82
Financial Year.
Notwithstanding anything to the
contrary, and for the purposes of
Government financial transactions
the period commencing on the 1st
day of July, 1982 and ending on
the 31st day of December, 1982
shall be deemed to be part of the
1981-82 financial year.[ Inserted
and to be cited as the
Intrepretation Act (Amendment)
Law, 1982 (PNDCL 12), s.2]
Section 33—Commencement of this
Act.
This Act shall come into operation
at the same time as the
Constitution.
Section 34—Repeals.
Each of the following is hereby
repealed:
The Interpretation Act, 1957 (No.
29).
Section 14 (2) of the Statutory
Instruments Act, 1959 (No. 52).
In paragraph 1 of the Table to
section 4 of the National Assembly
Act, 1959 (No. 78), the words "
other than a Minister or
Parliamentary Secretary”.
|
