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PENSIONS (SPECIAL PROVISIONS) ACT,
1959 (NO. 69 OF 1959)
ARRANGEMENT OF SECTIONS
Section
1. Short Title
PART I—AMENDMENT TO PENSIONS
ORDINANCE
2. Service with United Nations
Organisation to be public service.
PART II—SPECIAL PROVISIONS
3. Pension to cease where
deportation order made.
4. Pension suspended where
preventive detention order made.
5. Pension rights of D. A.
Chapman.
GHANA
Assented to in Her Majesty's Name
and on Her Majesty's behalf this
27th day of November, 1959.
LISTOWEL
Governor-General
AN ACT to amend the Pensions
Ordinance and to make special
provision as to payment of
pensions in certain cases.
Date of Commencement: 2nd
December, 1959.
BE IT ENACTED by the Queen's Most
Excellent Majesty, by and with the
advice and consent of the National
Assembly of Ghana in this present
Parliament assembled, and by the
authority of the same as follows:—
Section 1—Short Title.
This Act may be cited as the
Pensions (Special Provisions) Act,
1959.
PART I—AMENDMENT TO PENSIONS
ORDINANCE
Section 2—Service with United
Nations Organisation to be Public
Service.
Cap. 30
(1) This section shall be read
together with, and form part of
the Pensions Ordinance.
(2) Section 2 of the Pensions
Ordinance is amended by the
insertion after subsection (1) of
the following new subsection,—
“(1A.) Service with the United
Nations Organisation shall be
deemed to be public service for
the purposes of this Ordinance,
and paragraph 8 of the Schedule
shall be read and construed so as
to include the United Nations
Organisation as a Scheduled
Government in respect of any
officer appointed to service with
that Organisation on or after the
commencement of the year 1946.”
PART II—SPECIAL PROVISIONS
Section 3—Pension to Cease where
Deportation Order Made.
1957 No. 14.
(1) Where before or after the
coming into operation of this Act
any person is the subject of an
order made under the Deportation
Act 1957,—
(a) contributions made by him or
on his behalf to a pension fund or
scheme and any earned retiring
award or allowance accruing due to
him or to any dependant of such
person under the provisions of any
Act shall be forfeited and paid
into the Consolidated Fund;
(b) any pension or allowance
granted or awarded under the
provisions of any Act shall, on
the publication of the order,
cease to be paid to that person or
his dependants, as the case may
be;
(c) nothing in any Act which
confers a right to continue to
rank for any benefit if as an
officer he is dismissed from
service with the Government of
Ghana shall apply to any person
affected by this section, and any
such right if accrued due shall
cease and determine, and any
moneys shall be retained in or
paid into the Consolidated Fund as
the case may require.
Section 4—Pension Suspended where
Preventive Detention Order Made.
17 of 1958 Cap. 30.
(1) If any person is detained
under the Preventive Detention
Act, 1958, or where not detained
is the subject of an order made
under that Act, any pension or
allowance granted or awarded under
the Pensions Ordinance before the
making of the order shall, during
the currency of that order, cease
to be payable to that person or
his dependants as the case may be.
Where an order made under the
provisions of the Preventive
Detention Act, 1958 ceases to have
effect, any pension or allowance
suspended under this Act shall be
restored; but no restoration shall
have retrospective effect, and the
pension or allowance shall be
payable as if it had been granted
or made when the order ceased to
have effect.
(2) This section shall be deemed
to have come into operation on the
1st day of April, 1959 and shall
apply in relation to any order
made under the Preventive
Detention Act 1958 before the
coming into operation of this Act
as well as to any later order.
Section 5—Pension Right of D. A.
Chapman.
Cap. 30.
Whereas Daniel Ahmling Chapman
being a person to whom the
provisions of a pension scheme
under the Pensions Ordinance
applied, duly resigned from
service with the Achimota School
Council in the then Gold Coast,
and for reasons connected with his
appointment to service with the
United Nations Organisation it is
expedient and necessary to make
provision for the continuance of
his entitlement as if the
resignation never had effect: Be
It Therefore Enacted as follows:—
For the purpose of determining the
rights of the said Daniel Ahmling
Chapman to a superannuation
benefit or other pension on his
retirement from service with or on
behalf of the Government of Ghana
after the passing of this Act, the
period during which he ceased to
be a person to whom the provisions
of a pension scheme applied shall,
upon the refund by him to the
Government of Ghana of the total
sum of seven hundred and fifty
pounds, be treated for all the
purposes of the Pensions Ordinance
as if he were a person to whom
such provisions as aforesaid had
never ceased to apply, and the
Pensions Ordinance shall have
effect accordingly.
This printed impression has been
carefully compared by me with the
Bill which has passed the National
Assembly, and found by me to be a
true and correctly printed copy of
the said Bill.
K. B. AYENSU
Clerk of the National Assembly. |
