PUBLIC AND PRESIDENTIAL SEALS ACT,
1970 (ACT 342)
ARRANGEMENT OF SECTIONS
Section
1. Use of Public and Presidential
Seals
2. Custody of Seals
3. Wafer Seals
4. Regulations
5. Offences in connection with
Seals
6. Repeal of Act 246
THE THREE HUNDRED AND
FORTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PUBLIC AND PRESIDENTIAL SEALS
ACT, 1970
AN ACT to regulate the use and
custody of the Public and
Presidential Seals and to provide
for other matters connected
therewith.
DATE OF ASSENT: 21st August, 1970.
WHEREAS article 39 of the
Constitution provides that there
shall be a Public Seal and a
Presidential Seal, the use and
custody of which shall, subject to
the provisions of the
Constitution, be regulated by law.
NOW THEREFORE BE IT ENACTED by the
President and the National
Assembly in this present
Parliament assembled as follows:—
Section 1—Use of Public and
Presidential Seals.
(1) Subject to subsections (2) and
(3) of this section, except where
their use is expressly provided
for by the Constitution or any
other enactment, the Public Seal
and the Presidential Seal shall or
may be used on such occasions and
in respect of such matters as may
be prescribed by regulations made
under section 4 of this Act.
(2) The Public Seal may be applied
in respect of any instrument
signed by a Minister in exercise
of any function conferred or
imposed on him by the Constitution
or by any other enactment.
(3) The Presidential Seal may be
applied in respect of any
instrument executed personally in
exercise of any function conferred
by the Constitution or any other
enactment, by the President or by
the Speaker when exercising the
functions of the President under
article 38 of the Constitution.
Section 2—Custody of Seals.
(1) The Secretary to the Cabinet
or such other member of the Public
Services as may be prescribed by
regulations, shall have the
custody and charge of the Public
Seal.
(2) The Secretary to the President
or such other member of the Public
Services as may be prescribed by
regulations, shall have the
custody and charge of the
Presidential Seal.
Section 3—Wafer Seals.
(1) Regulations may provide for
the making of wafer seals,
representing the Public Seal and
the Presidential Seal, of such
material as the regulations may
specify and also prescribe the
size of the cast to be used for
that purpose.
(2) The wafer seals made in
pursuance of subsection (1) of
this section shall—
(a) be in the same custody as the
seals they represent, and
(b) when affixed to any document
required to be authenticated by or
passed under the Public Seal or
the Presidential Seal, shall
confer on that document the same
validity in all respects as if the
document itself had been
authenticated by or passed under
the Public Seal or the
Presidential Seal.
(3) It shall not be necessary to
the validity of any document to
which a wafer Public Seal or a
wafer Presidential Seal is
attached or embossed to prove that
the attachment or embossing of
such wafer seals respectively was
authorised, and no evidence to the
contrary shall be received.
Section 4—Regulations.
(1) The Prime Minister may by
legislative instrument make
regulations in respect of all or
any of the following matters:—
(a) the documents to which the
wafer Public Seal and the wafer
Presidential Seal respectively are
to be affixed;
(b) the manner in which such
documents are to be prepared,
whether to be printed or written,
or partly printed or partly
written, and whether to be printed
or written on paper, parchment or
any other fitting material;
(c) such matters as are required
or authorised under this Act to be
prescribed by regulations; and
(d) any other matter which he
considers expedient for the
purpose of carrying this Act into
effect:
Provided that regulations shall
not be made under this section in
relation to the Presidential Seal
or the wafer Presidential Seal
except with the prior approval of
the President.
(2) Regulations made under this
section may modify the provisions
of any enactment for the purpose
of giving full effect to this Act
or to the regulations.
Section 5—Offences in Connection
with Seals.
Any person who, without lawful
authority or excuse (the proof of
which shall lie on him), uses or
has in his possession any seal or
wafer seal to which this Act
applies shall be guilty of a
misdemeanour.
Section 6—Repeal of Act 246.
The Official Seals Act, 1964 (Act
246) is hereby repealed.
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