MATRIMONIAL CAUSES ACT, 1971 (ACT
367)
ARRANGEMENT OF SECTIONS
Section
PART I—DIVORCE
1. Petition for divorce
2. Proof of breakdown of marriage
3. Adultery of respondent
4. Unreasonable behaviour of
respondent
5. Desertion of respondent
6. Consent of respondent
7. Failure of parties to live as
man and wife
8. Promotion of reconciliation
9. Restriction on petitions within
two years of marriage
10. Petitioner's conduct no bar to
divorce
11. Respondent entitled to divorce
without cross-petition
12. Alleged adulterer may be
joined
PART II—OTHER MATRIMONIAL CAUSES
13. Nullity
14. Children of annulled marriages
15. Presumption of death and
dissolution of marriage
16. Neglect to maintain spouse or
child
17. Unreasonable conduct towards
spouse or child
PART III—FINANCIAL PROVISION,
CHILD CUSTODY AND OTHER RELIEF
18. General powers
19. Financial provision for spouse
20. Property settlement
21. Conveyance of title
22. Custody and financial
provision for children
23. Security for payment
24. Payment of costs
25. Orders of restraint, etc.
26. Orders relating to assets
27. Modification of financial
provision, custody and support
28. Financial provision to cease
on re-marriage or death
29. Orders terminating on child
reaching majority
30. Failure to comply with order
to make financial provision
PART IV—JURISDICTION
31. General matrimonial
jurisdiction
32. Domicile of married women
33. Additional jurisdiction
relating to financial provision
34. Additional jurisdiction
relating to child custody
35. Choice of law
36. Recognition of foreign decrees
PART V—MISCELLANEOUS AND
SUPPLEMENTARY
37. Decrees to be final
38. Bequest to divorced spouse to
be invalid
39. Privacy of proceedings
40. Transfer of undefended actions
41. Application of this Act
42. Abolition of right to claim
restitution of conjugal rights
43. Interpretation
44. Enactments ceasing to have
effect.
THE THREE HUNDRED AND
SIXTY-SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE MATRIMONIAL CAUSES ACT, 1971
AN ACT to provide for matrimonial
causes and for other matters
connected therewith.
DATE OF ASSENT: 7th September,
1971
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—DIVORCE
Section 1—Petition for Divorce.
(1) A petition for divorce may be
presented to the court by either
party to a marriage.
(2) The sole ground for granting a
petition for divorce shall be that
the marriage has broken down
beyond reconciliation.
Section 2—Proof of Breakdown of
Marriage.
(1) For the purpose of showing
that the marriage has broken down
beyond reconciliation the
petitioner shall satisfy the court
of one or more of the following
facts:—
(a) that the respondent has
committed adultery and that by
reason of such adultery the
petitioner finds it intolerable to
live with the respondent; or
(b) that the respondent has
behaved in such a way that the
petitioner cannot reasonably be
expected to live with the
respondent; or
(c) that the respondent has
deserted the petitioner for a
continuous period of at least two
years immediately preceding the
presentation of the petition; or
(d) that the parties to the
marriage have not lived as man and
wife for a continuous period of at
least two years immediately
preceding the presentation of the
petition and the respondent
consents to the grant of a decree
of divorce; provided that such
consent shall not be unreasonably
withheld, and where the Court is
satisfied that it has been so
withheld, the Court may grant a
petition for divorce under this
paragraph notwithstanding the
refusal; or
(e) that the parties to the
marriage have not lived as man and
wife for a continuous period of at
least five years immediately
preceding the presentation of the
petition; or
(f) that the parties to the
marriage have, after diligent
effort, been unable to reconcile
their differences.
(2) On a petition for divorce it
shall be the duty of the court to
inquire, so far as is reasonable,
into the facts alleged by the
petitioner and the respondent.
(3) Notwithstanding that the court
finds the existence of one or more
of the facts specified in
subsection (1), the court shall
not grant a petition for divorce
unless it is satisfied, on all the
evidence, that the marriage has
broken down beyond reconciliation.
Section 3—Adultery of Respondent.
Where with a view to
reconciliation the parties to the
marriage have lived with each
other as man and wife for a period
or periods after it became known
to the petitioner that the
respondent had since the
celebration of the marriage,
committed adultery, then—
(a) if the length of that period
or of those periods together was
six months or less, their living
with each other as man and wife
during that period or those
periods shall be disregarded in
determining whether for the
purposes of section 2 (1) (a) the
petitioner finds it intolerable to
live with the respondent; but
(b) if the length of that period
or those periods together exceeded
six months, the petitioner shall
not be entitled to rely on that
adultery for the purposes of
section 2 (1) (a).
Section 4—Unreasonable Behaviour
of Respondent.
For the purposes of section 2 (1)
(b), in determining whether the
petitioner cannot reasonably be
expected to live with the
respondent, the court shall
disregard any period or periods
not exceeding six months in the
aggregate during which the parties
to the marriage lived with each
other as man and wife after the
date of the occurrence of the
final incident relied on by the
petitioner and proved to the court
in support of his allegation.
Section 5—Desertion of Respondent.
(1) For the purposes of section 2
(1) (c), in determining whether
the period for which the
respondent has deserted petitioner
has been continuous, the court
shall disregard any period or
periods not exceeding six months
in the aggregate during which the
parties resumed living as man and
wife.
(2) For the purposes of section 2
(1) (c) the court may treat a
period of desertion as having
continued at a time when the
deserting party was incapable of
continuing the necessary intention
if the evidence before the court
is such that, had that party not
been so incapable, the court would
have inferred that his desertion
continued at that time.
Section 6—Consent of Respondent.
(1) For the purposes of section 2
(1) (d) the court must be
satisfied that a consent to
divorce has been given by the
respondent only after the
respondent has been given such
information as will enable him to
understand the consequences of his
consent.
(2) Where the only fact specified
in section 2 upon which the
petitioner relies in support of
his petition is that mentioned in
section 2 (1) (d), the court may,
on application by the respondent
at any time before the decree is
made, dismiss the proceedings if
it is satisfied that the
petitioner misled the respondent,
intentionally or unintentionally,
about any matter which the
respondent took into account in
deciding to consent to the grant
of a decree.
Section 7—Failure of Parties to
Live as Man and Wife.
For the purposes of section 2 (1)
(d) and (e), in determining
whether the period for which the
parties to a marriage have not
lived as man and wife has been
continuous, the court shall
disregard any period or periods
not exceeding six months in the
aggregate during which the parties
resumed living as man and wife.
Section 8—Promotion of
Reconciliation.
(1) On the hearing of a petition
for divorce, the petitioner or his
counsel shall inform the court of
all efforts made by or on behalf
of the petitioner, both before and
after the commencement of the
proceedings, to effect a
reconciliation.
(2) If at any stage of the
proceedings for divorce it appears
to the court that there is a
reasonable possibility of
reconciliation, the court may
adjourn the proceedings for a
reasonable time to enable attempts
to be made to effect a
reconciliation, and may direct
that the parties to the marriage,
together with representatives of
their families or any conciliator
appointed by the court and
mutually agreeable to the parties,
attempt to effect a
reconciliation.
(3) When proceedings are resumed
after an adjournment under
subsection (2), the conciliator,
or if no conciliator has been
appointed, counsel for the
petitioner, shall make a report to
the court of the result of the
adjournment, and the report shall
be limited to a statement that the
parties have been reconciled or
have not been reconciled or that
more time is needed to effect a
reconciliation.
(4) Evidence of statements or
other actions of the parties or
their representatives in
connection with attempts at
reconciliation under subsection
(2) shall not be admissible in
court in the divorce proceedings.
Section 9—Restriction on Petitions
Within Two Years of Marriage.
(1) Subject to subsection (2), no
petition for divorce shall be
presented to the court within two
years from the date of the
marriage.
(2) The court may, on application,
allow the presentation of a
petition for divorce within two
years from the date of the
marriage on the ground of
substantial hardship suffered by
the petitioner or depravity on the
part of the respondent.
(3) In determining the application
under subsection (2) the court
shall have regard to the interest
of any child of the household and
to the question whether there is a
reasonable possibility of
reconciliation between the
parties.
(4) If it appears to the court
that leave under subsection (2)
was obtained by the petitioner by
any misrepresentation or
concealment of the nature of the
case, the court may dismiss the
petition, without prejudice to any
petition which may be brought
after the expiration of the period
of two years from the date of that
marriage upon the same, or
substantially the same, facts as
those proved in support of the
dismissed petition.
(5) This section shall not be
deemed to prohibit the
presentation of a petition based
upon matters which occurred within
two years from the date of the
marriage.
Section 10—Petitioner's Conduct No
Bar to Divorce.
Without prejudice to any provision
of this Act which empowers or
requires the court to dismiss a
petition for divorce, nothing in
any enactment or rule of law shall
be taken as empowering or
requiring the court to dismiss
such a petition on the ground of
collusion between the parties in
connection with the presentation
or prosecution of the petition or
on the ground of any conduct on
the part of the petitioner.
Section 11—Respondent Entitled to
Divorce Without Cross-Petition.
If in any proceedings for divorce
the respondent alleges against the
petitioner and proves the facts
required by sections 1 (2) and 2
(1), the court may in those
proceedings give to the respondent
the relief to which the respondent
would have been entitled if the
respondent had presented a
separate petition seeking that
relief.
Section 12—Alleged Adulterer may
be Joined.
On a petition for divorce in which
adultery is alleged, the person
alleged to have committed adultery
with the party to the marriage may
be, but need not be, made a party
to the proceedings.
PART II—OTHER MATRIMONIAL CAUSES
Section 13—Nullity.
(1) Any person may present a
petition to the court for a decree
annulling his marriage on the
ground that it is by law void or
voidable (in this Act referred to
as "a decree of nullity”).
(2) In addition to any other
grounds on which a marriage is by
law void or voidable, a marriage
shall, subject to subsection (3),
be voidable on the ground—
(a) that the marriage has not been
consummated owing to the wilful
refusal of the respondent to
consummate it; or
(b) that at the time of the
marriage either party to the
marriage was of unsound mind or
subject to recurrent attacks of
insanity; or
(c) that the respondent was at the
time of the marriage pregnant by
some person other than the
petitioner; or
(d) that the respondent was at the
time of the marriage suffering
from an incurable venereal disease
in a communicable form.
(3) The court shall not grant a
decree of nullity in a case
falling within paragraphs (b), (c)
or (d) of subsection (2) unless it
is satisfied that—
(a) the petitioner was at the time
of the marriage ignorant of the
facts making the marriage voidable;
and
(b) proceedings were instituted
within a year from the date of the
marriage; and
(c) marital intercourse with the
consent of the petitioner has not
taken place since the petitioner
discovered the existence of the
facts making the marriage voidable.
(4) Nothing in this section shall
be construed as validating a
marriage which is by law void but
with respect to which a decree of
nullity has not been granted.
Section 14—Children of Annulled
Marriages.
Where a decree of nullity is
granted, any child of the parties
to the decree shall be deemed to
have the same status and rights as
if the marriage of his parents had
been dissolved rather than
annulled.
Section 15—Presumption of Death
and Dissolution of Marriage.
(1) Any married person may present
a petition to the court to have it
presumed that the other party to
the marriage is dead and to have
the marriage dissolved.
(2) The court may, if it is
satisfied that reasonable grounds
for the application of the
presumption exist, make a decree
of presumption of death and
dissolution of marriage.
(3) In any proceedings under this
section, the fact that for a
period of seven years or more the
other party to the marriage has
been continually absent from the
petitioner and the petitioner has
no reason to believe that the
other party has been living within
that time shall be evidence that
the other party is dead until the
contrary is proved.
Section 16—Neglect to Maintain
Spouse or Child.
(1) Either party to a marriage may
petition the court for an order
for maintenance on the ground that
the other party to the marriage
has wilfully neglected to provide,
or to make a proper contribution
towards, reasonable maintenance
for the petitioner or any child of
the household.
(2) A wife shall not be deemed to
have wilfully neglected her
husband unless the court is
satisfied that, in all the
circumstances, it is reasonable to
expect the wife to provide or
contribute towards maintenance for
her husband; and for the purpose
of so satisfying itself the court
shall consider—
(a) any impairment of the
husband's earning capacity,
whether through age, illness,
disability or otherwise; and
(b) any resources of the husband;
and
(c) the earning capacity and any
resources of the wife; and
(d) any other circumstances
relating to the financial position
of the parties.
(3) A respondent shall not be
deemed to have wilfully neglected
a child of the household where
that child is not the natural or
adopted child of the respondent
unless the court is satisfied in
all the circumstances that it is
reasonable to expect the
respondent to provide or
contribute towards maintenance for
that child of the household; and
for the purpose of so satisfying
itself, the court shall consider—
(a) whether the respondent had
assumed any responsibility for the
child's maintenance, and if so,
the extent, duration and basis of
that assumed responsibility; and
(b) whether any person other than
the respondent is responsible for
the maintenance of the child, and
if so, the extent to which that
party is maintaining, or might be
able to maintain, the child; and
(c) any other circumstances
relating to the relationship
between the respondent and the
child.
Section 17—Unreasonable Conduct
Towards Spouse or Child.
Either party to a marriage may
petition the Court for a child
custody order on the ground that
the other party to the marriage
has persistently behaved in an
unreasonable manner towards either
the petitioner or any child of the
household.
PART III—FINANCIAL PROVISION,
CHILD CUSTODY AND OTHER RELIEF.
Section 18—General Powers.
In any proceedings under this Act,
the court may exercise any of the
powers specified in this Part.
Section 19—Financial Provision for
Spouse.
The court may, whenever it thinks
just and equitable, award
maintenance pending suit or
financial provision to either
party to the marriage, but no
order for maintenance pending suit
or financial provision shall be
made until the court has
considered the standard of living
of the parties and their
circumstances.
Section 20—Property Settlement.
(1) The court may order either
party to the marriage to pay to
the other party such sum of money
or convey to the other party such
movable or immovable property as
settlement of property rights or
in lieu thereof or as part of
financial provision as the court
thinks just and equitable.
(2) Payments and conveyances under
this section may be ordered to be
made in gross or by instalments.
Section 21—Conveyance of Title.
(1) When a decree of divorce or
nullity is granted, if the court
is satisfied that either party to
the marriage holds title to
movable or immovable property part
or all of which rightfully belongs
to the other, the court shall
order transfer or conveyance of
the interest to the party entitled
to it upon such terms as the court
thinks just and equitable.
(2) When a transfer or conveyance
of movable or immovable property
is ordered by the court and the
party ordered to make the transfer
or conveyance is either unable or
unwilling to do so, the court may
order the registrar of the court
to execute the appropriate
transfer or conveyance on the part
of that party.
Section 22—Custody and Financial
Provision for Children.
(1) In all proceedings under this
Act, it shall be the duty of the
court to inquire whether there are
any children of the household.
(2) The court may, either on its
own initiative or on application
by a party to any proceedings
under this Act, make any order
concerning any child of the
household which it thinks
reasonable and for the benefit of
the child.
(3) Without prejudice to the
generality of subsection (2), an
order under that section may—
(a) award custody of the child to
any person;
(b) regulate the right of access
of any person to the child;
(c) provide for the education and
maintenance of the child out of
the property or income of either
or both of the parties to the
marriage.
Section 23—Security for Payment.
Where the court has reason to
believe that a party ordered to
make a payment or payments may be
unwilling or unlikely to pay, the
court may order that party to give
reasonable security for any
payment or payments ordered.
Section 24—Payment of Costs.
At any time after the commencement
of the proceedings, the court may
require either party to the
marriage to pay to the other party
such sum or sums of money as are
reasonable to enable that party to
maintain or defend the suit.
Section 25—Orders of Restraint,
Etc.
(1) The court may by order
restrain—
(a) either party to the marriage
from leaving the jurisdiction
until the court is satisfied that
that party has made adequate
provision to satisfy any award the
court has made or may make in the
proceedings;
(b) any person from removing any
child of the household from the
jurisdiction,
(c) any party to the marriage from
imposing any restraint on the
personal liberty of, or from
harming or interfering with, the
other party to the marriage or any
child of the household, for as
long as it thinks necessary.
(2) The court may order any person
to return any child of the
household to the jurisdiction.
Section 26—Orders Relating to
Assets.
(1) The court may by order
restrain either party to the
marriage, or any other person,
from permitting the disposition of
the assets or property of either
party to the marriage, and the
court may rescind any disposition
of such assets or property that
has been made with the intention
of defeating the financial
provision or property settlement
of the other party, except that a
disposition for value to a
purchaser in good faith may not be
rescinded.
(2) The court may make any order
concerning the property of either
party to the marriage or of any
child of the household that is
appropriate to preserve or
maintain that asset or property
while the suit is pending before
the court.
Section 27—Modification of
Financial Provision, Custody and
Support.
(1) Subject to subsection (2), the
court may from time to time
rescind or vary any order in
respect of maintenance pending
suit and financial provision, or
the care, custody and support of
any child, as it thinks fit.
(2) No order of financial
provision for a party to the
marriage may be made subsequent to
a decree of divorce or nullity in
any case in which—
(a) the decree contains, an
express waiver of financial
provision; or
(b) the decree provides for a
money or property settlement in
lieu of financial provision and
that settlement has been executed;
or
(c) the decree does not grant
liberty to apply for financial
provision in the future.
Section 28—Financial Provision to
Cease on Remarriage or Death.
(1) A party to the marriage shall
not be entitled to financial
provision for himself in respect
of any period after his
remarriage.
(2) The death of a party for whose
benefit an order for financial
provision has been made, or the
death of the party adversely
affected by such order, shall
automatically terminate the order.
(3) The provisions of this section
shall be without prejudice to the
right of any party ordered to make
financial provision to apply to
the Court under section 27 (1), at
any time subsequent to such order,
to rescind or vary such order for
any sufficient cause.
Section 29—Orders Terminating on
Child Reaching Majority.
An order for care, custody or
support of a child shall
automatically terminate when the
child reaches the age of
twenty-one years, unless the order
provides otherwise with a view to
making reasonable provision for
the further education of such a
child, or for the care, custody
and support of such a child who is
so incapacitated that he cannot be
expected to care for himself.
Section 30—Failure to Comply with
Order to Make Financial Provision.
Failure to comply with an order of
the Court to make financial
provision under this Act for a
spouse or child shall, in addition
to any other effect it might have,
be deemed to commence a period of
desertion by the party to the
marriage who has failed to comply
with the order.
PART IV—JURISDICTION
Section 31—General Matrimonial
Jurisdiction.
The court shall have jurisdiction
in any proceedings under this Act
where either party to the
marriage—
(a) is a citizen of Ghana; or
(b) is domiciled in Ghana; or
(c) has been ordinarily resident
in Ghana for at least three years
immediately preceding the
commencement of the proceedings.
Section 32—Domicile of Married
Women.
For the sole purpose of
determining jurisdiction under
this Act, the domicile of a
married woman shall be determined
as if the woman was above the age
of twenty-one and not married.
Section 33—Additional Jurisdiction
Relating to Financial Provision.
In addition to any other
jurisdiction conferred by this
Act, the court shall have
jurisdiction, where a party who
may be ordered to make financial
provision has assets in Ghana, to
order that party to make financial
provision not exceeding the value
of those assets.
Section 34—Additional Jurisdiction
Relating to Child Custody.
In addition to any other
jurisdiction conferred by this
Act, the court shall have
jurisdiction to make child custody
arrangements whenever the child
whose custody is in question is
present in Ghana.
Section 35—Choice of Law.
In any proceedings under this Act,
except in proceedings for a decree
of nullity of a void marriage, the
issues shall be determined as if
both parties to the marriage were
domiciled in Ghana at the
commencement of the proceedings.
Section 36—Recognition of Foreign
Decrees.
The court shall recognize as valid
a decree of divorce, nullity or
presumption of death and
dissolution of marriage, obtained
by judicial process or otherwise,
which is not contrary to natural
justice, and which—
(a) has been granted by any
tribunal which had a significant
and substantial connection with
the parties to the marriage; or
(b) is in accordance with the law
of the place where both parties to
the marriage were ordinarily
resident at the time of the action
dissolving or annulling the
marriage.
PART V—MISCELLANEOUS AND
SUPPLEMENTARY
Section 37—Decrees to be Final.
Every decree of divorce, nullity
and presumption of death and
dissolution of marriage under this
Act shall take effect from the
date on which the court gave
judgment.
Section 38—Bequest to Divorced
Spouse to be Invalid.
Any gift to or appointment in
favour of one spouse in the will
of the other shall be invalidated
if the marriage has been
terminated under this Act by
divorce or annulment, unless the
will contains an express provision
to the contrary.
Section 39—Privacy of Proceedings.
The court may direct that any
proceedings under this Act be
heard in private and may exclude
all persons except officers of the
court, the parties and their
witnesses and lawyers where the
court is satisfied that the
interests of the parties or the
children of the household so
require.
Section 40—Transfer of Undefended
Actions.
The Chief Justice may by writing
under his hand transfer any
undefended action under this Act
from the High Court or a Circuit
Court to a District Court, and
that court shall have
jurisdiction.
Section 41—Application of this
Act.
(1) This Act shall apply to all
monogamous marriages.
(2) On application by a party to a
marriage other than a monogamous
marriage, the court shall apply
the provisions of this Act to that
marriage, and in so doing, subject
to the requirements of justice,
equity and good conscience, the
Court may—
(a) have regard to the peculiar
incidents of that marriage in
determining appropriate relief,
financial provision and child
custody arrangements;
(b) grant any form of relief
recognised by the personal law of
the parties to the proceedings,
either in addition to or in
substitution for the matrimonial
reliefs afforded by this Act.
(3) In the application of section
2 (1) of this Act to a marriage
other than a monogamous marriage,
the court shall have regard to any
facts recognised by the personal
law of the parties as sufficient
to justify a divorce, including in
the case of a customary law
marriage (but without prejudice to
the foregoing) the following—
(a) wilful neglect to maintain a
wife or child;
(b) impotence;
(c) barrenness or sterility;
(d) intercourse prohibited under
that personal law on account of
consanguinity, affinity or other
relationship;
(e) persistent false allegations
of infidelity by one spouse
against another:
Provided that this subsection
shall have effect subject to the
requirements of justice, equity
and good conscience.
(4) In the application of this Act
to any marriage under customary
law, the words "child of the
household" shall be construed as
including any child recognised
under customary law as a child of
the parties.
Section 42—Abolition of Right to
Claim Restitution of Conjugal
Rights.
After the commencement of this Act
no person may petition the court
for restitution of conjugal
rights.
Section 43—Interpretation.
In this Act—
"adultery" means the voluntary
sexual intercourse of a married
person with one of the opposite
sex other than his or her spouse;
"child of the household" means any
child, whether the natural or
adopted child of both or either of
the parties, or any other child
who is treated by both parties as
a permanent member of their
household;
“court" means (subject to section
40) the High Court or a Circuit
Court;
“financial provision" includes
maintenance and all other forms of
financial support provided by one
spouse to the other or to any
child of the household;
“maintenance pending suit"
includes all forms of financial
support provided by one spouse to
the other or to any child of the
household from the commencement to
the determination of the
proceedings;
“marriage" except as otherwise
provided in section 41 of this Act
means a monogamous marriage;
“monogamous marriage" does not
include a potentially polygamous
marriage.
Section 44—Enactments Ceasing to
have Effect.
(1) Any English statute relating
to matrimonial causes which was in
force in Ghana immediately before
the commencement of this Act shall
cease to apply.
(2) This Act shall not apply to
any proceedings commenced before
the coming into force of this Act,
and accordingly notwithstanding
subsection (1) of this section,
any such proceedings may be
continued and determined after the
commencement of this Act in
accordance with the law in force
immediately before such
commencement.
HOSPITAL FEES ACT, 1971 (ACT 387)
ARRANGEMENT OF SECTIONS
Section
1. Hospital Fees
2. General exemptions from
hospital fees
3. Exemptions for particular
services
4. Exemptions for particular
classes of persons
5. Increased fees payable in
certain cases
6. Persons liable to pay fees
7. Manner of payment of fees
8. Recovery of fees
9. Evidence
10. False representations
11. Regulations
12. Interpretation
13. Repeals
14. Commencement.
THE THREE HUNDRED AND
EIGHTY-SEVENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE HOSPITAL FEES ACT, 1971
AN ACT to regulate the fees
payable in respect of hospital
services, and for matters
connected therewith.
DATE OF ASSENT: 6th October, 1971
BE IT ENACTED by the President
and the National Assembly in this
present Parliament assembled as
follows—
Section 1—Hospital Fees.
(1) Subject to the provisions of
this Act, any person who receives
services at a hospital shall pay
for those services the prescribed
basic fees.
(2) Except as provided by this Act
and regulations made thereunder,
no person shall be liable to pay
any fees in respect of services
rendered to him in a hospital.
Section 2—General Exemptions from
Hospital Fees.
No fees shall be paid in respect
of services rendered in a hospital
to—
(a) any person certified in
writing by a medical officer to be
unable to pay those fees on the
ground of poverty;
(b) any person suffering from such
disease or condition as may be
prescribed;
(c) any pupil or student receiving
full-time education in a
recognised institution;
(d) any prescribed class of
persons working or studying within
the Health Service;
(e) any person requested by the
medical officer concerned to
attend or come to a hospital for
admission for the purpose of
teaching;
(f) any person for the time being
in lawful custody;
(g) any certified psychiatric
patient;
(h) any other prescribed class of
persons.
Section 3—Exemptions for
Particular Services.
(1) No fees shall be paid in
respect of any medical examination
or report required by any
department of state, or in
connection with the official
duties of any employee of a
department of state, or in
connection with the entry of any
person into a department of state
or his departure therefrom.
(2) No fees shall be paid by any
person receiving medical attention
in a hospital in respect of any
medical report relating to him.
(3) No fees shall be paid by any
person in respect of any
prescribed laboratory examination
carried out on him during
out-patient attendance.
(4) No fees shall be paid by any
person in respect of X-ray films
taken for the purposes of
tuberculosis control.
(5) No fees shall be paid by any
person other than a non-resident
alien—
(a) in respect of any casualty
treatment given which does not
involve admission into hospital;
or
(b) in respect of treatment
involving splints or other similar
appliances.
Section 4—Exemptions for
Particular Classes of Persons.
(1) No fees other than the fees
prescribed for accommodation and
maintenance shall be paid in
respect of services rendered in a
hospital to—
(a) any person who is not
gainfully employed and who is
under the age of eighteen years or
over the age of sixty-five years;
(b) any person other than a
non-resident alien in respect of
ante-natal care at a health post,
rural health centre or clinic, or
any other hospital specified by
the Director of Medical Services
by notice published in the
Gazette;
(c) any maternity patient who has
had four or more child births;
(d) any maternity patient referred
to a hospital from a clinic or
health centre;
(e) any maternity patient referred
to a hospital by a registered
midwife or registered medical
practitioner.
(2) No fees in respect of
accommodation or maintenance shall
be paid where any person referred
to in subsection (1) is exempted
from such payment by any provision
of section 2.
(3) Notwithstanding the provisions
of subsections (1) and (2) of this
section where a patient requests
for special amenities such patient
shall pay such fees as may be
prescribed.
Section 5—Increased Fees Payable
in Certain Cases.
Where services are rendered in a
hospital to any person who is—
(a) a private patient; or
(b) a non-resident alien; or
(c) a member of the diplomatic
staff of a country which does not
give reciprocal medical coverage
to Ghanaian diplomatic staff
accredited to that country or
Ghanaians resident in that
country; or
(d) the wife or child of a person
referred to in paragraph (c),
and such person is liable to pay
any fee under the foregoing
provisions of this Act, the fee
payable shall be not less than
such fee as shall be payable by a
Ghanaian diplomat accredited to or
resident in the country of that
person.
Section 6—Persons Liable to Pay
Fees.
(1) Subject to the provision of
this section, the person liable to
pay any fee under this Act shall
be the person in respect of whom
the service was rendered.
(2) Notwithstanding subsection
(1), where it is a term in the
conditions of service of any
person employed by the Government
that such person shall be entitled
to receive any free medical
attention, such person shall to
that extent not be liable for the
payment of fees under this Act.
Section 7—Manner of Payment of
Fees.
(1) The fees payable under this
Act shall be paid to the hospital
revenue officer at the hospital
where the fees were incurred, upon
the issue by that officer of a
bill specifying the fees to be
paid.
(2) The hospital revenue officer
shall issue an official receipt to
every person making a payment
under this Act.
(3) Any hospital revenue officer
who fails, at the time of
receiving a payment under this
Act, to issue an official receipt
to the person making that payment,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding two thousand
new cedis or to imprisonment not
exceeding twelve months or to
both.
Section 8—Recovery of Fees.
A
hospital revenue officer or any
other person appointed by the
Minister may sue for the recovery
of any fees payable under this Act
which are unpaid together with any
costs properly incurred.
Section 9—Evidence.
In any proceedings for the
recovery of any fees payable under
this Act, an account signed by the
hospital revenue officer setting
out the amount claimed from the
defendant in the proceedings shall
be admissible in evidence without
proof of the signature, and shall
be prima facie evidence of the
amount due.
Section 10—False Representations.
(1) Any person who by a false
representation obtains without
payment or at a reduced rate of
payment any medicine, surgical
appliance, attendance or treatment
at a hospital shall be guilty of
an offence and liable on
conviction to a fine not exceeding
one hundred new cedis.
(2) Any person who commits any of
the acts referred to in subsection
(1) shall, whether or not he is
prosecuted, be liable to pay for
such medicine, surgical appliance,
attendance or treatment at the
prescribed rates, and in respect
of such payment shall not be
entitled to the benefit of any
exemption under this Act.
Section 11—Regulations.
The Minister may with the approval
of the Cabinet by legislative
instrument make regulations
prescribing anything that is to be
prescribed for the purposes of
this Act, granting further
exemptions in respect of any class
of persons or any form of
treatment, or otherwise for giving
effect to the provisions and
purposes of this Act.
Section 12—Interpretation.
(1) In this Act,—
"department of state" includes the
Civil Service, the Judicial
Service, the Teaching Service, the
Police Service, the Prisons
Service, the Armed Forces of
Ghana, and any other prescribed
service;
"hospital" means any
government-controlled hospital,
dispensary, health centre, clinic,
mental or psychiatric hospital or
other government medical
institution at which medical
treatment is available;
"hospital revenue officer" means
the officer responsible for the
collection of fees at a hospital;
"medical officer concerned" means
a medical officer wholly or partly
responsible for the medical care
of a patient at a hospital;
"Minister" means the Minister
responsible for Health;
"non-resident alien" means an
alien who does not have a
residence permit entitling him to
remain in Ghana for six months or
more, or who is not lawfully
exempted from having a residence
permit;
"prescribed" means prescribed by
regulations made under section 11;
"private patient" means a patient
who requests and is prepared to
pay for special attention and
amenities in lieu of the attention
and amenities ordinarily
appropriate to his case;
"special amenities" means the
accommodation and maintenance of a
patient in a ward designated by
the Director of Medical Services
as an amenity ward, in which the
patient enjoys personal facilities
for washing and toilet and where
special diets and other facilities
are provided at extra cost.
(2) Where there is any doubt as to
whether an institution at which
treatment is available is
government-controlled so as to be
a "hospital" within the meaning of
this Act, the Director of Medical
Services, after consultation with
the Minister, may resolve such
doubt by notice published in the
Gazette.
Section 13—Repeals.
The Hospital Fees Decree, 1969 (N.L.C.D.
360) and the Hospital Fees Decree,
1969 (Amendment) Act, 1970 (Act
325) are hereby repealed.
Section 14—Commencement.
This Act shall be deemed to come
into force on the 1st day
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