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LAW
REFORM COMMISSION DECREE, 1975 (NRCD
325)
ARRANGEMENT OF SECTIONS
Section
1. Law Reform Commission.
2. Object and Functions of the
Commission.
3. Membership of Commission.
4. Meetings of Commission, Etc.
5. Executive Secretary and other
Employees of Commission.
6. Allowances to Members of
Commission.
7. Annual Report.
8. Commission to Report to NRC.
9. Expenses of Commission to be
met out of Moneys Provided by NRC.
10. Accounts of Commission to be
Audited by Auditor-General.
11. Interpretation.
12. Repeal.
IN pursuance of the provisions of
the National Redemption Council
(Establishment) Proclamation, 1972
this Decree is hereby made:
Section 1—Law Reform Commission.
The Law Reform Commission
established by the Law Reform
Commission Decree, 1968 (NLCD 288)
shall continue in existence
subject to the provisions of this
Decree and is in this Decree
referred to as "the Commission”.
Section 2—Object and Functions of
the Commission.
(1) The object of the Commission
is to promote law reform in Ghana.
(2) Without prejudice to the
generality of subsection (1) of
this section, it shall be the duty
of the Commission to take and keep
under review all the law both
statutory and otherwise with a
view to its systematic development
and reform including in particular
the modification of such law, the
elimination of anomalies, the
repeal of obsolete and unnecessary
enactments, the reduction of the
number of separate enactments, and
generally, the simplification and
modernisation of the law, and for
that purpose—
(a) to receive and consider any
proposals for the reform of law
which may be made or referred to
the Commission;
(b) to prepare and submit from
time to time to the National
Redemption Council through the
Commissioner responsible for
Justice (in this Decree referred
to as "the Commissioner"),
programmes for the examination of
different branches of the law with
a view to reform including
recommendations as to the agency
(whether the Commission or another
body) by which any such
examination should be carried out;
(c) to undertake, in pursuance of
any such recommendations approved
by the National Redemption
Council, the examination of
particular branches of the law and
the formulation, by means of draft
Decrees or otherwise of proposals
for reform therein;
(d) to prepare from time to time
at the request of the Commissioner
comprehensive programmes of
consolidation and statute law
revision and to undertake the
preparation of draft Decrees
pursuant to any such programme
approved by the Commissioner;
(e) to provide advice and
information to government
departments and other authorities
or bodies concerned at the
instance of the Government with
proposals for the reform or
amendment of any branch of the
law;
(f) to obtain such information as
to the legal systems of other
countries as appears to the
Commission likely to facilitate
the performance of any of its
functions;
(g) to co-opt other persons to
constitute committees or
sub-committees for the purposes of
studying in detail and making
recommendations on any subject
matter in any field in which such
persons could be considered to be
experts.
Section 3—Membership of
Commission.
(1) The Commission shall consist
of a Chairman and eight other
members all of whom shall be
appointed by the National
Redemption Council upon the
recommendations of the
Commissioner.
(2) The Chairman of the Commission
shall be a person appearing to the
National Redemption Council upon
the recommendations of the
Commissioner, to be suitably
qualified by the holding of
judicial office or by experience
as a lawyer or as a teacher of law
in a University.
(3) A person appointed to be a
member of the Commission shall be
appointed for such term not
exceeding five years and, subject
to such conditions as may be
determined by the National
Redemption Council upon the
recommendations of the
Commissioner.
(4) Any such member may at any
time resign his office by writing
under his hand addressed to the
Commissioner and, the appointment
of any such member may for good
cause be revoked by the National
Redemption Council upon the
recommendations of the
Commissioner.
(5) All members of the Commission
shall, upon ceasing to hold office
as such, be eligible for
reappointment.
Section 4—Meetings of Commission,
Etc.
(1) The quorum at any meeting of
the Commission shall be five
members of whom not less than
three shall be lawyers.
(2) Without prejudice to the
provisions of subsection (2) (g)
of section 2 of this Decree the
Commission may from time to time
co-opt any person or persons to
act as an adviser or advisers at
any of its meetings, so however,
that no person so co-opted shall
be entitled to vote at any such
meeting on any matter for decision
by the Commission.
(3) Subject to the provisions of
this Decree, the Commission shall
regulate its own procedure.
Section 5—Executive Secretary and
Other Employees of Commission.
(1) The Commission shall have an
officer to be designated Executive
Secretary.
(2) The Executive Secretary shall
be a lawyer of not less than eight
years standing as a lawyer and
shall be appointed by the National
Redemption Council upon the
recommendations of the
Commissioner.
(3) The Executive Secretary shall—
(a) act as Secretary to the
Commission;
(b) subject to the overall control
and direction of the Commission,
be responsible for the day to day
administration of the office of
the Commission; and
(c) be responsible to the
Commission for the discharge of
his functions under this Decree.
(4) The Executive Secretary shall
be assisted in the discharge of
his functions by such members and
categories of employees of the
Commission as the Commissioner,
with the prior approval of the
Commissioner responsible for
Finance, may determine and such
employees shall be appointed by
the Commissioner.
(5) The Executive Secretary and
the other employees of the
Commission shall hold office upon
such terms and conditions as the
National Redemption Council shall
from time to time determine upon
the recommendations of the
Commissioner.
(6) The Executive Secretary and
the other employees of the
Commission shall be public
officers.
Section 6—Allowances to Members of
Commission.
Any member of the Commission, any
person co-opted to any meeting of
the Commission under section 4 of
this Decree and any person
co-opted to any Committee of the
Commission or a sub-Committee
under subsection (2) (g) of
section 2 of this Decree may be
paid such allowance (if any) as
the National Redemption Council
may determine.
Section 7—Annual Report.
The Commission shall in each year
submit to the Commissioner an
annual report on its proceedings.
Section 8—Commission to Report to
NRC.
The Commissioner shall lay before
the National Redemption Council—
(a) any programmes prepared by
the Commission and approved by
him;
(b) any proposals for reform
formulated by the Commission
pursuant to such programmes; and
(c) any annual report submitted to
him by the Commission under
section 7 of this Decree together
with any comments that he may
think necessary.
Section 9—Expenses of Commission
to be Met Out of Moneys Provided
by NRC.
The Expenses of the Commission
including the remuneration of
employees of the Commission shall
be defrayed out of moneys provided
by the National Redemption
Council.
Section 10—Accounts of Commission
to be Audited by Auditor-General.
(1) The Executive Secretary shall
ensure that the Commission keeps
proper books of account and proper
records in relation thereto.
(2) The books of accounts and the
said records of the Commission
shall be in such form as the
Auditor-General may approve.
(3) The accounts of the Commission
shall be audited annually by the
Auditor-General who shall make a
report thereon to the Commissioner
and forward a copy of such report
to the Secretary to the National
Redemption Council for the
information of the Council.
Section 11—Interpretation.
In this Decree "Commissioner"
means the Commissioner responsible
for Justice.
Section 12—Repeal.
The Law Reform Commission Decree,
1968 (NLCD 288) and the Law Reform
Commission (Amendment) Decree,
1975 (NRCD 312) are hereby
repealed.
Made this 18th day of April, 1975.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 22nd
April, 1975.
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