POSTAL AND COURIER SERVICES
REGULATORY COMMISSION ACT, 2003
(ACT 649)
ARRANGEMENT OF SECTIONS
PART 1—ESTABLISHMENT, OBJECTS
AND FUNCTIONS OF POSTAL AND
COURIER SERVICES REGULATORY
COMMISSION
Section
1. Establishment of Postal and
Courier Services Regulatory
Commission
2. Objects and Functions of the
Commission
3. Directions to the Commission
4. Composition of the Commission
5. Tenure of Office of Members
of the Commission
6. Meetings of the Commission
7. Disclosure of Interest
8. Committees of the Commission
9. Allowances of Members
PART II—LICENSING AND REGULATION
OF POSTAL AND COURIER SERVICES
10. Licence to Provide Postal
Services
11. Qualification for Licence
12. Application for licence
13. Grant of Licence
14. Courier Service
15. Designation of National
Postal Service Provider
16. Reserved Postal Services
17. Contract to Convey Postal
Articles
18. Licence not Transferable
without Written Approval
19. Renewal of Licence
20. Power to Modify Licence
21. Suspension or Cancellation
of Licence
22. Complaint to the Minister
23. Production of Books of
Account and Records
24. Quality of Postal Services
PART III—POSTAGE STAMPS AND
POSTAL OPERATIONS
25. Postage Stamps
26. Postal Charges
27. Copyright in Stamps and
other Philatelic Materials
28. Exemption from Postal
Charges
29. Prohibition on Sending
Certain Articles by Post or
Courier
30. Power to Detain and Open
Prohibited Articles
31. Power to Open Postal
Articles Suspected to Contain
Dutiable Goods
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
32. Executive Secretary
33. Appointment of other Staff
of the Commission
34. Funds of the Commission
35. Accounts and Audit
36. Annual Report
PART V—POSTAL OFFENCES AND
PENALTIES
37. Unlawfully Taking Away or
Opening Mail Bag sent by Postal
Services
38. Unlawful use of Stamp or
Franking Machine
39. Unlawful Interference with
Mail
40. Unlawful Entry into Post
Office Premises
41. Fraudulent use of Philatelic
Material
42. Acts infringing Reserved
Rights
43. Prohibition of False Notice
as to Reception of Letters and
Sale of Stamps
44. Damage to Post Office Letter
Box
45. Evasion of Post office Laws
46. Retaining Mail Bags or
Postal Articles
47. Unlawful Disclosure of
Contents of Postal Articles
48. General Penalty
49. Offences Committed by Body
of Persons
PART VI—MISCELLANEOUS PROVISIONS
50. Article Addressed to
Deceased Person
51. Settlement of Disputes
52. Establishment of Register
53. Inspectors
54. Directions in the Interest
of National Security and
International Relations
55. Regulations
56. Interpretation
57. Repeal and Savings
SCHEDULE
Schedule
THE SIX HUNDRED AND FORTY-NINETH
ACTOF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE POSTAL AND COURIER SERVICES
REGULATORY COMMISSION ACT, 2003
AN ACT to establish the Postal
and Courier Service Regulatory
Commission as a regulatory body
to license and regulate the
operation of post and courier
services; to designate a
national postal service provider
and to provide for related
matters.
DATE OF ASSENT: 10th August,
2003
BE IT ENACTED by Parliament as
follows:
PART I—ESTABLISHMENT, OBJECTS
AND FUNCTIONS OF POSTAL AND
COURIER SERVICES REGULATORY
COMMISSION
Section 1—Establishment of
Postal and Courier Services
Regulatory Commission.
(1) There is established by this
Act a body corporate to be known
as the Postal and Courier
Services Regulatory Commission.
(2) The Commission shall have
perpetual succession and a
common seal and may sue and be
sued in its corporate name.
(3) The Commission may for and
in connection with the discharge
of its functions under this Act,
purchase, hold, manage and
dispose of movable and immovable
property and may enter into
contracts and transactions
reasonably necessary for its
functions
Section 2—Objects and Functions
of the Commission.
(1) The objects of the
Commission are to
(a) promote and encourage the
expansion of postal services for
the social and economic
development of the country;
(b) promote an efficient system
for the delivery of mails
nationwide in a manner
responsive to the needs of mail
users;
(c) promote fair competition
among persons engaged in the
provision of postal services;
(d) protect licensees and
consumers from unfair conduct of
other licensees with regard to
quality of postal services;
(e) protect generally the
interest of consumers; and
(f) promote the advancement of
technology related to the
provision of postal services;
(2) For the purpose of achieving
its objects, the Commission
shall
(a) ensure that there are
provided throughout the country
as far as practicable, postal
services reasonably necessary to
satisfy demand for the services;
(b) ensure that providers of
postal services achieve the
highest level of efficiency in
the provision of the services
and are responsive to customer
and community needs;
(c) grant licences for the
operation of postal and courier
services;
(d) regulate the issue of
postage stamps including
definitive, commemorative and
special issue postage stamps and
any other philatelic items;
(e) provide guidelines on rates
of postage and other fees
chargeable in respect of postal
articles;
(f) designate quality standards
of equipment for the provision
of postal services where
necessary;
(g) ensure that the needs of
persons with disability are
taken into account in the
provision of postal services;
(h) provide advice and
assistance to licensees, where
reasonably practicable, for
which they may be charged fees
the Commission considers
appropriate;
(i) maintain a register of
licensees;
(j) to submit inputs for policy
formulation to the Minister for
consideration as may be
necessary;
(k) ensure strict compliance
with this Act and Regulations
made under it; and
(l) perform any other functions
(i) assigned to it under this
Act, or any other enactment; or
(ii) incidental to the objects
of this Act.
Section 3—Directions to the
Commission.
The Minister may give to the
Commission such directions as
appear to the Minister to be
required in the public interest
for the functions of the
Commission.
Section 4—Composition of the
Commission.
The Commission comprises the
following persons appointed by
the President in consultation
with the Council of State:
(a) a chairperson;
(b) four persons with knowledge
in matters relevant to the
functions of the Commission, at
least two of whom shall be
women;
(c) a representative of the
relevent sector Ministry; and
(d) the Executive Secretary
appointed under section 32(1);
Section 5—Tenure of Office of
Members of the Commission.
(1) A member of the Commission
other than the Executive
Secretary shall hold office for
a term of four years and is
eligible for re-appointment.
(2) A member of the Commission
other than the Executive
Secretary may in writing
addressed to the President,
resign or be removed from office
by the President for stated
reasons.
(3) A member who is absent from
four consecutive ordinary
meetings of the Commission
without good cause shall cease
to be a member of the
Commission.
(4) The chairperson of the
Commission shall through the
Minister notify the President
and the appropriate institution
of any vacancy which occurs in
the membership of the Commission
within one month of the
occurrence of the vacancy and in
the case of the chairperson, the
notification shall be made by
the Executive Secretary.
(5) When a member of the
Commission other than the
Executive Secretary is
incapacitated by illness or any
other cause from performing the
functions of office for more
than twelve months, the
President may, acting in
consultation with the
appropriate institution, appoint
another person to perform the
functions of the member until
the member is able to resume the
performance of the member's
duties.
(6) Where a person is appointed
to fill a vacancy, the person
shall hold office for the
remainder of the term of the
previous member and shall,
subject to this Act, be eligible
for re-appointment
Section 6—Meetings of the
Commission.
(1) The Commission shall meet at
such times and places as the
chairperson may determine but
shall meet at least once every
two months.
(2) The chairperson shall upon
the request of not less than
one-third of the membership of
the Commission convene a special
meeting of the Commission.
(3) The quorum at a meeting of
the Commission shall be four
members including the Executive
Secretary or the person acting
in that capacity.
(4) Every meeting of the
Commission shall be presided
over by the chairperson and in
the absence of the chairperson
by a member of the Commission
elected by the members present
from among their number.
(5) Matters before the
Commission shall be determined
in accordance with the majority
of the members present and
voting.
(6) The chairperson or the
person presiding at a meeting of
the Commission shall in the
event of equality of votes have
a second or casting vote.
(7) The Commission may co-opt
any person to act as an adviser
at its meetings but a co-opted
person is not entitled to vote
at the meeting.
(8) The validity of the
proceedings of the Commission
shall not be affected by a
vacancy among its members or by
a defect in the appointment or
qualification of a member.
(9) Except as otherwise
expressly provided for in this
section, the Commission shall
determine and regulate the
procedure for its meetings.
Section 7—Disclosure of
Interest.
(1) A member of the Commission
who is directly interested in
any matter being considered or
dealt with by the Commission
shall disclose the nature of
that interest at a meeting of
the Commission and shall not
take part in any deliberation or
decision of the Commission with
respect to the matter.
(2) A member who has an interest
but who fails to disclose that
interest under subsection (1)
shall be removed from the
Commission.
Section 8—Committees of the
Commission.
The Commission may for the
discharge of its functions,
appoint committees comprising
members of the Commission or
non-members or both and may
assign to them such functions as
the Commission may determine
except that a committee composed
entirely of non-members may only
advise the Commission.
Section 9—Allowances of Members.
A member shall be paid
allowances determined by the
Minister in consultation with
the Minister for Finance.
PART II—LICENSING AND REGULATION
OF POSTAL SERVICES
Section 10—Licence to Provide
Postal Service.
Subject to this Act, a person
shall not establish or operate a
postal or courier service except
under a licence issued by the
Commission under this Act.
Section 11—Qualification for
Licence.
A licence to provide a post or
courier service may be granted
only to
(a) a citizen of Ghana;
(b) a body corporate registered
under the Companies Code, 1963
(Act 179); or
(c) a partnership registered
under the Incorporated
Partnerships Act 1962 (Act 152).
Section 12—Application for
Licence.
(1) An application for a licence
shall be made to the Commission
on a form determined by the
Commission and shall be
accompanied with a fee and
documents that the Commission
shal determine.
(2) The Commission shall
(a) upon receipt of an
application, acknowledge the
receipt of the application
within five working days from
the date of receipt of the
application; and
(b) within sixty days after
acknowledgment, inform the
applicant in writing of the
decision of the Commission.
(3) The Commission shall in
considering an application under
this Act, require an applicant
to show proof of ability to
provide the service to which the
application relates.
Section 13—Grant of Licence.
(1) The Commission may subject
to conditions that it may
determine grant a licence to an
applicant to provide a postal or
courier service other than a
reserved postal service.
(2) Without limiting the scope
of subsection (1) a licence
shall state
(a) the type of services to be
provided;
(b) the period of validity of
the licence; and
(c) the payment to the
Commission
(i) of a fee for the grant of
the licence; of
(ii) of periodic payments during
the existence of the licence or
both.
Section 14—Courier Service.
A person shall not be licensed
to provide a courier service
unless the person undertakes to
(a) develop and publish with the
approval of the Commission,
unless the person undertakes to
(b) follow and trace items
received or collected for
delivery by that person's
business undertaking;
(c) deliver items within the
acceptable delivery time set by
each operator and approved by
the Commission; and
Section 15—Designation of
National Postal Service
Provider.
(1) The Ghana Post Company
Limited referred to in this Act
as "Ghana Post" is hereby
designated as the national
postal service provider with the
exlusive right to provide the
reserved postal services
specified in the Schedule.
(2) The Commission shall upon
the coming into force of this
Act, accordingly grant to Ghana
Post as soon as practicable the
exclusive licence for the
provision of the reserved postal
services
(3) Ghana Post shall have the
exclusive use of the words "Post
Office"
(4) For the effective
implementation of the reserved
function, Ghana Post may subject
to such conditions as it may
determine in writing, delegate
the performance of a function
conferred on it under this Act
to any Person.
Section 16—Reserved Postal
Services.
The function reserved for Ghana
Post confers on it the exclusive
power to convey letters, post
cards, printed matters, small
parcels and other postal
articles within the requirements
specified in paragraph 1 of the
Schedule.
Section 17—Contract to Convey
Postal Articles.
Ghana Post may contract any
person to convey a postal
article by land, sea or air on
its behalf and on conditions
that may be agreed upon between
Ghana Post and the person
contracted.
Section 18—Licence not
Transferable Without Written
Approval.
A licence issued under this Act
is not transferable except with
the prior written approval of
the Commission.
Section 19—Renewal of Licence.
(1) A licence may be renewed
upon an application made to the
Commission for renewal of the
licence, not later than three
months before the expiry of the
licence.
(2) The procedure for renewal of
a licence shall be the same as
that applicable to the grant of
the original licence
(3) A licencee who fails to
renewa licence or whose
application for the renewal is
rejected by the Commission shall
cease to provide the postal or
courier service ninety days
after the expiration of the
licence.
Section 20—Power to Modify
Licence.
(1) The Commission may, subject
to this Act and Regulations made
under it, modify a licence if it
considers that the modification
is required in the public
interest.
(2) No modification shall be
made unless the Commission has
given at least sixty working
days notice in writing to the
licensee
(a) stating that the Commission
proposes to make modifications;
and
(b) setting out the consequences
of the modification.
(3) The Commission shall in all
cases consider any
representations or objections
that are made to it before the
modifications are made.
(4) A notice under subsection
(2) shall be given by
publication in the Gazette or in
the national media and by
sending a copy of the notice to
the licensee.
(5) The Commission may
compensate the licensee for any
expense incurred or damage
caused as a result of a
modification to a licence made
under subsection (1).
Section 21—Suspension or
Cancellation of Licence.
(1) Where the Commission is
satisfied that a licensee is not
complying with or has not
complied with the conditions of
the licence, the Commission may
suspend or cancel the licence.
(2) A suspension or cancellation
shall not be made unless the
Commission gives the licensee a
written notice specifying in the
notice the cause of
dissatisfaction of the
Commission and giving directions
for rectification of the breach
and the action proposed to be
taken by the Commission in the
event of non-compliance with the
notice.
(3) The Commission shall not
suspend or cancel a licence
without first giving the
licensee an opportunity to be
heard and to comply with the
directives of the Commission if
any, within a reasonable period.
(4) The Commission shall in
determining whether it is
necessary to suspend or cancel a
licence, consider the extent of
loss or damage to persons likely
to be affected by the suspension
or cancellation.
(5) A licence which is ot
utilised within six months from
the date of its grant shall
lapse.
Section 22—Complaint to the
Minister.
(1) A person aggrieved by
(a) a rejection or refusal of
the Commission to grant or renew
that person's licence; or
(b) a modification, suspension
or cancellation of a licence may
lodge a complaint in writing
with the Minister who shall
within thirty days of receipt of
the complaint, make a decision
on it.
(2) A person dissatisfied with
the decision on the Minister or
with the failure of the Minister
to make a decision within thirty
days as required under
subsection (1), may pursue the
matter in accordance with any
alternative dispute resolution
process available or in the
court.
Section 23—Production of Books
of Account and Records.
The Commission, for the purpose
of ensuring compliance with this
Act may by notice in writing
direct a licensee to bring its
accounts, records and other
documents specified in the
notice, for the inspection and
examination by the Commission.
Section 24—Quality of Postal
Service.
(1) The Commission may for the
purpose of monitoring the
quality of postal services
provided by a licensee, appoint
an independent consultant who
shall be a written report make
recommendations to the
Commission on measures to be
taken to improve the quality of
services.
(2) The Commission shall in
appointing a consultant under
subsection (1) specify the type
of postal services and licensee
to be monitored.
PART III—POSTAGE STAMPS AND
POSTAL OPERATIONS
Section 25—Postage Stamps.
(1) Ghana Post has the sole
right to issue postage stamps.
(2) Postage stamps provided
shall be used in respect of
postal articles, for the
prepayment of postage other sum
chargeable under this Act,
except where Ghana Post decides
that prepayment may be made in
some other form.
Section 26—Postal Charges.
(1) Ghana Post shall publish at
every post office in the country
a notice showing the charges and
other conditions upon which it
offers to provide postal
services.
(2) Increase in charges for
reserved postal services
provided by Ghana Post shall be
determined by Ghana Post in
accordance with guidelines given
by the Commission.
Section 27—Copyright in Stamps
and Other Philatelic Materials.
(1) Copyright in philatelic
materials produced by Ghana Post
belongs to the Government.
(2) For the purpose of
subsection (1), "philatelic
material" include—
(a) philatelic stamps;
(b) artworks, proofs, printed
sheets and printing plates of
philatelic stamps; and
(c) date-stamps, slogan, dyes
and other artifacts used in
connection with the production
of philatelic stamps.
Section 28—Exemption from Postal
Charges.
The Commission may by notice
published in the Gazette, exempt
specified classes of persons
from paying for postal services
provided by Ghana Post.
Section 29—Prohibition on
Sending Certain Articles by Post
or Courier.
(1) A person shall not send by
post
(a) any explosive, inflammable,
dangerous, filthy, noxious or
deleterious substances;
(b) any sharp instrument not
properly protected;
(c) any living creature which is
either noxious or likely to
damage other postal articles in
the course of conveyance by post
or injure a postal officer;
(d) any indecent or pornographic
printing, painting, photograph,
lithograph, engraving, book,
card or any other indecent
pornographic article in whatever
form;
(e) any postal article that
bears on the cover of it any
words, marks or designs of an
indecent, pornographic,
scurrilous, threatening or
grossly offensive character;
(f) opium, morphine, cocaine or
any other narcotics;
(g) a postal article that bears
a fictitious postage or purports
to be prepaid with a postage
stamp whic has been previously
used to prepay another postal
article;
(h) any printing, painting,
photograph, lithograph, book or
card which may be prejudicial to
public safety or to the peace
and public order of any part of
the country; or
(i) any other article prohibited
for carriage in the interest of
national security or IATA
regulations or any other
international rules of carriage.
(2) Notwithstanding the
provisions of subsection (1), a
person may send by courier,
coins, bank notes, currency
notes, securities or cheques,
platinum, gold or silver whether
manufactured or not, precious
stones, jewels or other valuable
articles.
Section 30—Power to Detain and
Open Progibited Articles.
Where a postal or a courier
service provider has reason to
believe that a postal article
contains anything in
contravention of section 29, it
may detain and open the article
and where it is found to contain
prohibited material, it shall
destroy or forfeit it to the
State.
Section 31—Power to Open Postal
Articles Suspected to Contain
Dutiable Goods.
(1) A postal or a courier
service provider may detain a
postal article reasonably
suspected to contain goods in
contravention of the customs
legislation and the officer of
the postal or courier provider
may open the article in the
presence of the person to whom
the postal article is addressed
or the person's duly appointed
agent.
(2) Where that person or the
person's agent after being duly
notified fails or neglects to
attend, the officer may open and
examine the postal article.
(3) After a postal article has
been opened and examined under
this section it shall be
delivered to the person to whom
it is addressed unless it is
required for the purpose of any
proceedings under this or any
other enactment.
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
Section 32—Executive Secretary.
(1) The Commission shall have an
Executive Secretary who shall be
appointed by the President in
accordance with the advice of
the Commission given in
consultation with the Public
Service Commission.
(2) The Executive Secretary
shall be a member of the
Commission.
(3) The Executive Secretary
shall hold office upon such term
and conditions as shall be
specified in the Executive
Secretary's letter of
appointment.
(4) The Executive Secretary
shall be responsible for the
day-to-day administration of the
Commission and ensure the
implemenation of the decisions
of the Commission.
(5) The Executive Secretary may
delegate the day-to-day
administration of the Commission
to any officer but the Executive
Secretary shall be ultimately
responsible for the discharge of
any delegated function.
Section 33—Appointment of Other
Staff of the Commission.
(1) The President may, acting in
accordance with the advice of
the Commission given in
consultation with the Public
Service Commission, appoint such
officers or other employees as
may be necessary for the
effective and efficient
umplementation of the functions
of the Commission.
(2) The President may delegate
the power of appointment of
public officers under this Act
in accordance with article
195(2) of the Constitution.
(3) Other public officers may be
transferred or seconded to the
Commission.
(4) The Commission may on the
recommendation of the Executive
Secretary engage the services of
experts and consultants that it
considers necessary.
Section 34—Funds of the
Commission.
(1) The source of funds of the
Commission unclude
(a) Government subvention;
(b) any loans granted to the
Commission;
(c) any monies accruing to the
Commision in the course of the
performance of its functions
under this Act including monies
from investments made by the
Commission; and
(d) grants.
(2) All monies due to the
Commission and received on
account shall be paid into a
bank account determined by the
Commission, but the Commission
may invest any money not
required for immediate use as it
considers appropriate.
Section 35—Accounts and Audit.
(1) The Commission shall keep
books of account and proper
records in relation to them and
the account books and records of
the Commission shall be in a
form approved by the
Auditor-General.
(2) The books of account of the
Commission shall be audited
annually by the Auditor-General
or an auditor appointed by teh
Auditor-General within three
months from the end of the
immediately preceding financial
year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Section 36—Annual Report.
(1) The Commission shall, as
soon as possible after the
expiration of each financial yar
but within eight months after
the end of the financial year,
submit to the Minister an annual
report dealing with the
activities and the operations of
the Commission within that year
which shall include
(a) a copy of the audited
accounts of the Commission
together with the
Auditor-General's report on the
accounts; and
(b) such other information as
the Minister may require.
(2) The Minister shall within
two months after receiving the
annual report of the Commission
submit the report to Parliament
with such statement as the
Minister may consider necessary.
PART V—POSTAL OFFENCES AND
PENALTIES
Section 37—Unlawfully Taking
Away or Opening Mail Bag sent by
Post.
A person who
(a) unlawfully takes away or
opens a mail bag used for the
transmission or conveyance of a
postal article; or
(b) unlawfully takes out of a
mail bag a postal article or any
other article in the course of
transmission or conveyance of
that article by post
commits an offence and is liable
summary on conviction to a fine
not exceeding 500 penalty units
or to imprisonment for a term
not exceeding 2 years or to
both.
Section 38—Unlawful use of Stamp
or Franking Machine.
A person who with intent to
defraud
(a) removes from a postal
article any postage stamp fixed
to that postal article;
(b) removes from a used stamp a
mark made on that stamp at a
post office:
(c) uses a postage stamp which
has been obliterated or defaced
by a mark made on the postage
stamp as having been previously
used to prepay any revenue, duty
or tax on any postal article; or
(d) tampers with a franking
machine or superscripts a postal
article with a franking machine
which has been tampered with
commits an offence and is liable
on summary conviction to a fine
of not less than 50 penalty
units but not more than 250
penalty units or to imprisonment
for a term not exceeding 12
months or to both.
Section 39—Unlawful Interference
with Mail.
A person who
(a) interferes with any mail or
postal article otherwise than in
accordance with the provisions
of this Act or Regulations made
under it; or
(b) fraudulently puts, alters,
removes, or erases any official
mark on a postal article
commit an offence and is liable
on summary conviction to a fine
of not less than 50 penalty
units but not more than 250
penalty units or to imprisonment
for a term not exceeding 12
months or to both.
Section 40—Unlawful Entry into
Post Office Premises.
A person who
(a) without permission enters
any premises used for the
purpose of postal services
provided by Ghana Post and to
which the public has no right of
access, and refuses or fails to
leave the premises when asked to
do so by a person employed on
the premises; or
(b) unlawfully obstructs or
impedes an employee of a license
in the discharge of the
employee's duties in connection
with postal services
commits an offence and is liable
on summary conviction to a fine
of not less than 50 penalty
units but not more than 250
penalty units of to imprisonment
for a term not exceeding 12
months or to both.
Section 41—Fraudulent Use of
Philatelic Material.
A person who
(a) counterfeits any philatelic
material;
(b) uses without authority,
proof of which shall be on that
person, a stamp designed for
Ghana Post; or
(c) continues to use
commemorative and definitive
postage stamps for postage
purpose after the stamps have
been demonetized or invalidated
commits an offence and is liable
on summary conviction to a fine
of not more than 500 penalty
units or to imprisonment for a
term not exceeding 2 years or to
both.
Section 42—Acts Infringing on
Reserved Rights.
A person who without lawful
authority or excuse performs any
of the reserved postal functions
specified in the Schedule
commits an offence and is liable
on summary conviction to a fine
of not less than 250 penalty
units and not exceeding 1000
penalty units or imprisonment
for a term not exceeding 3 years
or to both.
Section 43—Prohibition of False
Notice as to Reception of Letter
and Sale of Stamps.
(1) A person shall not inscribe
on any receptacle placed or
maintained in any premises under
the person's control or on any
premises.
(a) the words "post office" or
"letter box" or
(b) any other words, letter, or
marks which signify or may lead
the public to believe that it is
a post office or a post office
letter box without the authority
of Ghana Post.
(2) A person shall not inscribe
on any vehicle or vessel, any
words, letters or marks which
signify or may reasonably lead
any other person to believe that
the vehicle or vessel is used
for the conveyance of mails from
a post office, except with the
written permission of Ghana
Post.
(3) A person who contravenes
subsection (1) or (2) commits an
offence and is liable on summary
conviction to a fine not
exceeding 250 penalty units or
to a term of imprisonment not
exceeding 12 months or to both.
Section 44—Damages to Post
Office Letterbox.
A person who destroys or damages
any receptacle provided by Ghana
Post for the reception of postal
articles or any notices on any
receptacle, commits an office
and is liable on conviction to a
fine of not less than 50 penalty
units and not more than 250
penalty units or to imprisonment
for a term not exceeding 12
months or to both.
Section 45—Evasion of Post
Office Laws.
A person who
(a) fraudulently puts into a
post office anything
(i) in which or in the cover of
which or
(ii) upon which or upon the
cover of which there is a
letter, newspaper, any writing
or mark or anything contrary to
this Act;
(b) makes a false declaration of
the contents of anything sent by
post; or
(c) fraudulently sends by post
anything which the person claims
to be a thing that falls within
an exemption or privilege
granted under this Act in
respect of the postal article
commits an offence and is liable
on summary conviction to a fine
of not less than 50 penalty
units and not exceeding 250
penalty units or to imprisonment
for term not exceeding 12 months
or to both
Section 46—Retaining Mail Bags
or Postal Articles.
A person who
(a) fraudulently retains,
controls or destroys; or
(b) neglects or refuses to
deliver when requested to do so
by an officer of Ghana Post
any mail bag or postal article
in the course of its
transmission by post, with the
apparent intention of it not
being delivered to the
addressee, commits and offence
and is liable on summary
conviction to a fine of not less
than 100 penalty units and not
more than 500 penalty units or
to a term of imprisonment not
exceeding 2 years or to both.
Section 47—Unlawful Disclosure
of Contents of Postal Article.
Except for the purpose or
returning a postal article to
the sender, a person who without
authorisation in writing from
Ghana Post, discloses or in any
manner makes known to any person
other than an officer of Ghana
Post, the contents of a postal
article, commits an offence and
is liable on summary conviction
to fine not exceeding 250
penalty units or to a term of
imprisonment not exceeding 12
months or to both.
Section 48—General Penalty.
A perspm who contravenes or
fails to comply with any
provision of this Act commits an
offence and, where no penalty is
expressly provided, shall upon
conviction be liable to a fine
not exceeding 250 penalty units
or to a term of imprisonment not
exceeding 12 months or to both.
Section 49—Offences Committed by
a Body of Persons.
(1) Where a body of persons is
convicted of an offence under
this Act
(a) in the case of a body
corporated every director or
officer of that body corporate
shall be deemed to have
committed that offence; and
(b) in the case of a partnership
or a firm every partner of the
partnership or firm shall be
deemed to have committed that
offence
(2) A person shall not be deemed
to have committed an offence
under subsection (1) where the
person
(a) proves that the offence was
committed by some other person
without the person's knowledge
or connivance; or
(b) exercised diligence to
prevent the commission of that
act as the person ought to,
having regard to the
circumstances
PART VI—MISCELLANEOUS PROVISIONS
Section 50—Article Addressed to
Deceased Person
A postal article addressed to a
deceased person may be delivered
to the executors or
administrators of the estates of
the deceased person on
presentation of probate or
letters of administration.
Section 51—Settlement of
Dispute.
(1) Any dispute between a
customer and a licensee in which
it is alleged that the licensee
(a) has exercised undue
discrimination in the provision
of a postal service against the
customer in respect of charges
or terms applied or to be
applied:
(b) has shown undue preference
to any other person to the
detriment of the customer; or
(c) has applied or proposes to
apply to the customer any charge
related to provision of a postal
service which is not authorised
under this Act may be referred
to the Commission by either
party.
(2) Where a dispute is referred
to the Commission the Commission
or a person appointed by the
Commission shall determine
whether the allegation is well
founded and where it is, the
Commission or the person shall
make such determination as
considered appropriate together
with a statement of reasons for
the determination made.
(3) An act or omission of a
licensee which is authorised by
any condition included in the
licence for the purpose of this
section shall not be taken to
constitute undue discrimination.
(4) The procedures to be
followed in determining a
dispute referred to under this
section shall be determined by
the Commission.
Section 52—Establishment of
Register.
(1) The Commission shall
establish and keep a register in
a form it may determine and
shall record in it
(a) licences issued under this
Act and the relevant conditions:
(b) suspensions and cancellation
of licences; and
(c) other information relating
to licences that the Commission
considers appropriate.
(2) Where it appears to the
Commission that entry of any
condition in the register would
be contrary to the public
interest or the commercial
interest of any person, the
Commission shall not enter that
condition in the register.
(3) A person may on payment of a
fee, require the Commission to
supply to that person an
extract from any part of the
register.
Section 53—Inspectors.
(1) For the purpose of this Act,
inspectors may be appointed for
the Commission
(2) An inspector appointed under
this Act shall carry out such
functions that the Commission
may determine for the purpose of
giving full effect to this Act.
(3) An inspector may at
reasonable times
(a) enter and inspect premises,
which the inspector knows or
reasonably suspects to be used
for a purpose to which this Act
applies, to ensure that the
provisions of this Act are
complied with: or
(b) enter premises to perform
any other function imposed on
the inspector under this Act.
Section 54—Directions in the
Interest of National Security
and International Relations.
(1) The Commission may, in
consultation with the Minister
give to a licensee, specific or
general direction as it
considers necessary or expedient
in the interest of
(a) national security; or
(b) the country's international
relations with other countries.
(2) The licensee shall give
effect to any direction given by
the Commission, notwithstanding
any other duty imposed on the
licensee under this Act.
(3) The Minister may in
consultation with the Minister
responsible for Finance and with
the approval of Parliament,
compensate the licensee for loss
sustained through compliance
with directions given under this
section.
Section 55—Regulations.
The Minister on the advice of
the Commission may be
legislative instrument make
Regulations
(a) to provide for the payment
of compensation for loss or
damage in the course of
transmission of postal articles
including any limit to the
amount payable;
(b) to prohibit the transmission
by post of articles not
proscribed under section 29;
(c) for the detention, disposal
or destruction of postal
articles the transmission of
which is prohibited under this
Act;
(d) for the safe keeping pending
further action of valuable or
saleable enclosures found in
postal articles lawfully opened
under this Act;
(e) prescribing the period
within which undelivered postal
articles shall be returned to
the sender;
(f) to provide for the
publicaiton of a list of
undelivered postal articles;
(g) to amend the Schedule to
this Act;
(h) to provide for the manner in
which undelivered postal
articles shall be finally
disposed of; and
(i) generally for the effective
implementation of this Act.
Section 56—Interpretation.
(1) In this Act unless the
context otherwise requires
"Commission" means the Postal
and Courier Services Regulatory
Commission established under
section 1;
"courier service" means a
service for the receipt and
delivery of correspondence,
items of value or both, such as
parcels and packets, for which
no postage stamp is required;
"Ghana Post" means the Ghana
Post Company Limited registered
under the Companies Code 1963
(Act 179);
"IATA" means International Air
Traffic Association;
"inspector" means an inspector
appointed for the Commission
under section 53;
"letter" means any communication
in writing directed to a
specified person or address and
include postcards;
"licence" means an authorisation
granted by the Commission under
sections 13 and 15 (2) of this
Act for the provision of postal
service;
"licence" means a person to whom
a licence has been granted under
this Act;
"mail" includes little articles
collected for conveyance by
post, loose articles and every
mail bag or conveyance of any
kind by which articles are
carried whether or not
itcontains postal articles;
"mail bag" includes any
container, bag, parcel, basket,
envelope or other convering in
which postal articles are
conveyed whether or not it
contains postal articles;
"member" means a member of the
Commission;
"Minister" means the Minister
with responsibility for
Communications;
"money order" means a money
order issued by a licensee for
payment;
"post" means any system for the
collection, dispatch, or
conveyance of postal articles:
"post office" includes
(a) a house, building, room,
vehicle place or structure where
postal articles are received,
sorted, delivered, made up or
dispatched or which is used for
any other postal purpose in
connection with the rendering of
any postal money transfer or
other services by Ghana Post;
and
(b) any pillar box or other
receptacle provider by or under
the authority of Ghana Post for
the reception of postal
articles;
"postage stamp" includes a label
or stamp for denoting postage or
other sum payable in respect of
a postal article and which is an
adhesive stamp, printed,
impressed or otherwise indicated
on a postal article whethr the
stamp is issued under this Act
or by the government of any
other country.
"postal article" includes a
letter, postcard, reply
postcard, lettercard, newspaper,
book, packet, printed paper,
pattern or sample packet, small
packet or parcel and every other
packet article when in course of
conveyance by post and includes
a telegram when conveyed by
post;
(a) and constitutes delivery to
a post office where it is placed
in any receiving box for the
deposit of postal articles, or
delivered to an employee of
Ghana Post in the course of hte
employee's duties; or
(b) and constitutes delivery to
the addressee where it is
(i) delivered at the house or
office of the addressee,
(ii) delivered to the
addressee's servant or agent or
any other person considered to
be authorised to receive the
article according to the usual
mode of delivery to the
addressee;
(iii) delivered to the
addressee's authorised agent or
hotel proprietor or manager,
where the addressee is a guest
at or is resident in a hotel; or
(iv) placed in the addressee's
private box or bag.
Section 57—Repeal and Savings.
(1) The Ghana Postal Services
Corporation Act 1995 (Act 505)
is hereby repealed.
(2) Notwithstanding the repeal,
any authorisation granted under
that Act and valid on the date
of the coming into force of this
Act shall continue to be in
force until it expires or is
renewed under this Act.
(3) Notwithstanding the repeal,
any statutory instrument made
under the repealed enactment and
in force on the coming into
force of this Act shall continue
to apply unless revoked under
this Act.
(4) Any licence granted by Ghana
Post which is in force prior to
the commencement of this Act,
shall be deemed to have been
granted under this Act by the
Commission.
SCHEDULE
POSTAL SERVICES EXCLUSIVE TO
GHANA POST
(Section 15 (1))
1. Sole authority to convey
letters, postcards, printed
matters, small parcels and other
postal articles of a weight up
to and including one hundred
grams.
2. Printing and selling of
postage and commemorative
stamps.
3. Printing and selling of
Postal Order and Money Order.
Date of Gazette Notification:
15th August, 2003 |