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POLICE SERVICE (DISPOSAL OF PROPERTY) REGULATIONS, 1971 (LI 704).        

.

ARRANGEMENT OF REGULATIONS

Regulation

1. Registers to be kept.

2. Disposal of dangerous drugs.

3. Disposal of passports and travel documents.

4. Disposal of perishable property, etc.

5. Disposal of arms, explosives, etc.

6. Disposal of jewels, precious metals, etc.

7. Disposal of animals and birds.

8. Disposal of money.

9. Disposal of other property.

10. Notice of property to be posted.

11. Disposal of proceeds of sales.

12. Return of property to owner.

13. Interpretation.

14. Revocations.

IN exercise of the powers conferred on the Minister of Internal Affairs by section 35 (3) of the Police Service Act, 1970 (Act 350), these Regulations are made this 14th day of September, 1971.

Regulation 1—Registers to be Kept.

(1) The police officer in charge of every police station shall keep at that station registers in which shall be entered a description of all property which has come into the possession of the police where the owner of the property cannot be ascertained or no order of a Court has been made with respect thereto.

(2) The officer in charge of the registers shall enter therein particulars of the manner of disposal of all such property, and, where it is sold in accordance with these Regulations, the amount of proceeds of sale and of the expenses deducted in accordance with these Regulations.

Regulation 2—Disposal of Dangerous Drugs.

(1) Where such property is believed to be a dangerous drug, the officer in charge of the police station shall immediately notify the Inspector-General of Police and the Minister.

(2) Where the Minister has been notified of such property, it shall be disposed of in such manner as the Minister may direct, and the Minister may if he thinks fit order that it be delivered to the Minister responsible for Health.

Regulation 3—Disposal of  Passports and Travel Documents.

Where such property is a passport or similar travel document, the officer in charge of the police station shall immediately transfer the property to the Principal Secretary of the Ministry responsible for the Police Service.

Regulation 4—Disposal of  Perishable Property, Etc.

(1) Where such property is of a perishable nature or its custody  involves unreasonable expense or inconvenience and its owner cannot after reasonable enquiry be found—

(a)  it may be destroyed at any time on the written authority of a superior police officer if he is satisfied that it is unsaleable; or

(b) where it is saleable, it shall, as soon as may be convenient, be sold by public auction by a superior police officer or an auctioneer or other person appointed by such officer in writing for that purpose.

(2) Where property is sold in accordance with this regulation the proceeds of sale shall not be disposed of under regulation 11 until they have remained in the possession of the police for two months.

Regulation 5—Disposal of Arms, Explosives, Etc.

(1) Where such property is a firearm, arms or offensive weapon of any description or any article similar to any of the foregoing, it shall be sold or otherwise disposed of in such manner as the Minister may direct after it has remained in the possession of the police for two months.

(2) Where such property consists of ammunition, explosive, gunpowder, ammunitions of war or any similar article, the officer in charge of the police station shall immediately notify the Inspector-General of Police and the Minister.

(3) Where the Minister has been notified under paragraph (2) of this regulation, the property shall be disposed of (otherwise than by sale) in such manner as the Minister may direct.

Regulation 6—Disposal of Jewels, Precious Metals, Etc.

Where such property consists of precious stones or precious metal, it shall be sold in such manner as the Minister may direct after it has remained in the possession of the police for two months.

Regulation 7—Disposal of Animals and Birds.

(1) Where such property consists of live animals or birds, it shall be sold in such manner as a superior police officer may direct after it has remained in the possession of the police for seven days.

(2) Where any person satisfies the officer in charge of the police station, within the aforesaid period of seven days, that he is the owner or otherwise entitled to any such animals or birds, he shall pay to the police a sum equivalent to the expenses of keeping them at rates not exceeding twenty new pesewas a day for each animal and five new pesewas a day for each bird.

Regulation 8—Disposal of Money.

(1) Where such property consists of Ghanaian money it shall  be retained in the possession of the police for two months, and if it has not been claimed at the expiration of that period, then

(a) if the amount does not exceed twenty new cedis, it shall be paid into the Police Welfare Fund;

(b) if the amount exceeds twenty new cedis, it shall be paid into the Consolidated Fund.

(2) Where such property consists of foreign money it shall be retained in the possession of the police for two months, and if it has not been claimed at the expiration of that period it shall be paid into the Consolidated Fund.

Regulation 9—Disposal of Other Property.

In the case of property not referred to in regulations 2 to 8, where its owner cannot after reasonable enquiry be found—

(a)  it may be destroyed, after it has remained in the possession of the police for two months, on the written authority of a superior police officer if he is satisfied that it is unsaleable; or

(b) where it is saleable, it shall, after it has remained in the possession of the police for two months, be sold by public auction by a superior police officer or an auctioneer or other person appointed by such officer in writing for that purpose.

Regulation 10—Notice of Property to be Posted.

(1) The officer in charge of a police station at which property  is retained in possession of the police shall post a notice conspicuously outside the police station specifying the property so retained, and such notice shall be kept posted prior to the disposal of such property—

(a) for seven days, in the case of live animals or birds;

(b) for two months, in any other case.

(2) Where such property consists of money, the notice shall not specify the amount of the money.

(3) It shall not be necessary to post a notice in respect of property of the description mentioned in regulation 2, 4 or 5 (2).

Regulation 11—Disposal of Proceeds of Sales.

After deducting any expenses incurred by the police in the custody of the property and any expenses incurred by its sale, the proceeds of all sales under these Regulations shall be paid as follows:—

(a) seventy-five per cent into the Consolidated Fund;

(b) twenty-five per cent into the Police Welfare Fund.

Regulation 12—Return of  Property to Owner.

Where property or the proceeds of the sale of property is           required to be retained in the possession of the police for any period under these Regulations, the officer in charge of the police station shall deliver the property or proceeds of sale to any person who satisfies him, before the expiration of such period, that he is the owner or otherwise entitled to such property or proceeds of sale.

Regulation 13—Interpretation.

In these Regulations—

"dangerous drug" has the meaning assigned to it by the Pharmacy and Drugs Act, 1961 (Act 64);

"Minister" means the Minister to whom responsibility for the Police Service is assigned by the Prime Minister;

"money" includes coins, banknotes, postal orders, cheques and other valuable securities;

"superior police officer" means an officer not below the rank of Assistant Superintendent of Police.

Regulation 14—Revocations.

The following statutory instruments are hereby revoked—

Unclaimed Property Disposal Regulations, 1941 (No. 37).

Unclaimed Property Disposal (Amendment) Regulations, 1963 (L.I. 321).

N. Y. B. ADADE

Minister of Internal Affairs

Date of Gazette Notification: 26th October, 1971.

 

 

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