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PUBLIC PROPERTY PROTECTION
DECREE, 1977 (SMCD 140)
ARRANGEMENT OF SECTIONS
Section
1. Deliberate Dissipation, Loss or
Damage.
2. Loss, etc. Caused by
Carelessness, Gross Negligence or
Dishonesty.
3. Failure to Account for Public
Property.
4. Using Public Property for
Private Gain.
5. Obtaining Public Property by
False Statements, etc.
6. Recovery of Public Property.
7. Offences by Bodies of Persons.
8. Interpretation.
9. Repeals.
PUBLIC PROPERTY PROTECTION DECREE,
1977 (SMCD 140)
BE IT ENACTED by the Supreme
Military Council as follows:—
Section 1—Deliberate Dissipation,
Loss or Damage.
(1) Any person who intentionally
dissipates public funds shall be
guilty of an offence and liable on
conviction to imprisonment not
exceeding ten years without the
option of a fine.
(2) Any person who intentionally
misapplies or causes loss of or
damage to public property shall be
guilty of an offence and liable on
conviction to imprisonment not
exceeding five years or to a fine
not exceeding ¢10,000.00 or to
both.
Section 2—Loss, Etc. Caused by
Carelessness, Gross Negligence or
Dishonesty.
Any person who by carelessness,
gross negligence or dishonesty
misapplies or causes the
dissipation of or loss or damage
to public property shall be guilty
of an offence and liable on
conviction to imprisonment not
exceeding five years or to a fine
not exceeding ¢5,00000 or to both.
Section 3—Failure to Account for
Public Property.
(1) Any person who without
reasonable excuse fails to account
for any public property which was
under his control or entrusted to
his care shall be guilty of an
offence and liable on conviction
to imprisonment not exceeding five
years or to a fine not exceeding
¢5,000.00 or to both.
(2) This section shall have effect
without prejudice to the
provisions of the Audit Service
Decree, 1972 (N.R.C.D. 49) or of
any other enactment relating to
public property.
Section 4—Using Public Property
for Private Gain.
(1) Subject to subsection (2), any
person who without lawful
authority uses public property for
private gain to himself or any
other person, or in such manner as
to obtain a private benefit for
himself or any other person, shall
be guilty of an offence and liable
on conviction to a fine not
exceeding ¢5,000.00.
(2) It shall be a defence for a
person charged with an offence
under subsection (1) to prove that
he had lawful authority to use the
public property in the manner in
which he used it.
Section 5—Obtaining Public
Property by False Statements, Etc.
Any person who causes any public
property to be given or paid to
him or any other person by means
of any statement or representation
which he knows to be false or
which he has no reason to believe
to be true shall be guilty of an
offence and liable on conviction
to imprisonment not exceeding five
years or to a fine not exceeding
¢5,000.00 or to both.
Section 6—Recovery of Public
Property.
(1) Where the court convicts any
person of an offence under this
Decree the court shall make such
orders as may be necessary for
recovering the public property
concerned, or for making good any
loss of or damage to the public
property concerned, and for this
purpose the court may, upon such
terms as it thinks fit:—
(a) order the seizure and
forfeiture to the Republic of any
asset of the convicted person;
(b) where the court is satisfied
that any other person holds any
asset on behalf of the convicted
person, order the seizure and
forfeiture to the Republic of that
asset;
(c) order any person to execute
such instrument or do such act as
may be necessary for enabling any
asset situated outside Ghana to be
vested in the Republic;
(d) order the delivery to the
court of any document of title
relating to any asset forfeited to
the Republic:
(e) make such other orders as may
be necessary in the circumstances
of the case.
(2) An order made under this
section shall, unless the court in
special circumstances otherwise
directs, have effect from the date
of the conviction.
(3) Any person who—
(a) fails without reasonable
excuse (proof of which shall be
upon him) to comply with any order
of the court under this section;
or
(b) otherwise obstructs the
carrying into effect of any order
made under this section,
shall be guilty of an offence and
liable on conviction to
imprisonment not exceeding ten
years without the option of a
fine.
Section 7—Offences by Bodies of
Persons.
Where an offence under this Decree
is committed by a body of
persons,—
(a) where the body of persons is a
body corporate other than a
partnership, every director or
officer of that body corporate
shall be deemed to be guilty of
that offence; and
(b) where the body of persons is a
partnership, every partner shall
be deemed to be guilty of that
offence:
Provided that no person shall be
deemed to be guilty of an offence
under this section if he proves
that the act in respect of which
he is charged was committed by
some other person without his
consent or connivance and that he
exercised all such diligence to
prevent the commission of that act
as he ought to have exercised
having regard to all the
circumstances.
Section 8—Interpretation.
In this Decree, unless the context
otherwise requires—
“local authority” means a
Regional, District or Local
Council or a management committee,
but does not include a traditional
council;
“public property” includes money
and any other property owned by or
held in trust for the Republic,
the property of any State
enterprise, statutory corporation
or local authority, and any other
property specified by the
Attorney-General by executive
instrument to be public property
for the purposes of this Decree;
“State enterprise” includes an
enterprise completely owned and
operated by the State or jointly
owned and operated by the State
and any person, and an enterprise
managed under the direction of an
organ of Government.
Section 9—Repeals.
The following enactments are
hereby repealed:—
Public Property (Protection) and
Corrupt Practices (Prevention)
Act, 1962 (Act 121).
Public Property (Protection) and
Corrupt Practices (Prevention)
Act, 1962 (Amendment.) (No. 2)
Decree, 1967 (N.L.C.D. 200).
Made this 12th day of December,
1977.
GENERAL I. K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 16th
December, 1977.
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