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TIMBER INDUSTRY AND GHANA TIMBER
MARKETING BOARD (AMENDMENT)
DECREE, 1977 (SMCD 128)
ARRANGEMENT OF SECTIONS
Section
1. Only Ghana Timber Marketing
Board to Export Timber and Timber
Products by Land.
2. Prohibition of Unauthorised
Persons from Exporting Timber and
Timber Products by Sea and Air.
3. Offences for Contravening
Section 1 or 2.
4. Board to Fix Export and Local
Prices of Timber Products.
5. Power to Demand Returns.
6. Power to Prescribe Percentage
of Timber Products to be Exported
Etc.
7. Registration of Dealers in
Timber Products.
8. General Penalties.
9. Offence by Bodies of Persons.
10. Offence by Bodies of Persons.
11. Amendment of Schedule.
12. Regulations.
13. Interpretation.
SCHEDULE
Schedule
BE IT ENACTED by the Supreme
Military Council as follows:—
Section 1—Only Ghana Timber
Marketing Board to Export Timber
and Timber Products by Land.
No person other than the Ghana
Timber Marketing Board in this
Decree referred to as the "Board"
shall export overland timber, or
any of the timber products
specified in the Schedule to this
Decree.
Section 2—Prohibition of
Unauthorised Persons from
Exporting Timber and Timber
Products by Sea and Air.
No person except—
(a) the Board;
(b) a person authorised in writing
by the Board,
shall export by sea or air timber
or any of the timber products
specified in the Schedule to this
Decree.
Section 3—Offences for
Contravening Section 1 or 2.
(1) Any person who contravenes
section 1 or 2 of this Decree
shall be guilty of an offence and
liable on summary conviction to a
term of imprisonment not less than
fifteen years and not more than
thirty years;
Provided that the court convicting
the accused may, if satisfied on
grounds stated that the offence
was trivial or that there are
special circumstances relating to
the offence or the offender which
would render unjust the
application of the minimum penalty
prescribed by this section, impose
on him a term of imprisonment less
than the said minimum or a fine
not exceeding ¢20,000.00 or both.
(2) Unless the court otherwise
decides on grounds stated, all
goods involved in the commission
of an offence under this section
shall be forfeited to the State.
Section 4—Board to Fix Export and
Local Prices of Timber Products.
(1) Notwithstanding any enactment
to the contrary the Board shall,
to the exclusion of all other
persons have the right to fix the
prices at which the timber
products specified in the Schedule
to this Decree and any other
timber products prescribed by the
Commissioner by regulations made
under section 12 of this Decree,
shall be exported.
(2) The Board shall advise the
Prices and Incomes Board and the
Commissioner as to the price at
which such timber products shall
be sold within Ghana.
Section 5—Power to Demand Returns.
The Board may by writing request
any manufacturer of any timber
products to submit to the Board
returns of such products
manufactured by him and of sales
made of such products.
Section 6—Power to Prescribe
Percentage of Timber Products to
be Exported Etc.
The Board may also give directions
to any manufacturer of timber
products relating to the
percentage of such products
manufactured by him which should
be exported and the percentage to
be sold in Ghana.
Section 7—Registration of Dealers
in Timber Products.
No person shall, after three
months from the commencement of
this Decree operate as a retailer,
wholesaler or dealer of or in
plywood, timber, flush doors and
any other timber products
prescribed by the Commissioner by
regulations made under section 12
of this Decree unless he is
registered with the Board and has
a valid licence from the Board so
to do.
Section 8—General Penalties.
Any person who —
(a) fails without reasonable
excuse proof of which shall be on
him to submit any return requested
by the Board under section 5 of
this Decree or submits in response
to any such request any return
which he knows to be false or
which he has no reason to believe
to be true;
(b) contravenes any direction
given to him by the Board under
section 6 of this Decree;
(c) contravenes the provision of
section 7 of this Decree;
shall be guilty of an offence and
shall be liable upon summary
conviction to a fine not exceeding
¢5,000.00 or one year's
imprisonment or both; and in the
case of a continuing offence to a
further fine not exceeding ¢50.00
in respect of each day on which
the offence continues.
Section 9—Offence by Bodies of
Persons.
(1) Where a body of persons
commits an offence under this
Decree or under regulations made
thereunder then—
(a) in the case of a body
corporate other than a partnership
the directors and the Secretary of
that body shall also be deemed to
have committed the offence;
(b) in the case of a partnership
the partners shall also be deemed
to have committed the offence.
(2) No person shall be deemed to
have committed an offence under
subsection (1) of this section if
he proves to the satisfaction of
the court that the offence was
committed without his knowledge or
connivance and that he took all
necessary steps which he was
required to take to prevent the
commission of the offence having
regard to all the circumstances.
Section 10—Power of Board to
Suspend Manufacturers.
(1) The Board may by writing
suspend for a time specified by
the Board any manufacturer who has
been convicted of an offence under
this Decree or under any
regulations made thereunder from
the manufacturer of timber
products.
(2) Any person aggrieved by a
decision of the Board under this
section may appeal to the
Commissioner against the decision.
(3) The Commissioner may upon such
appeal, confirm, reverse or vary
the decision of the Board and the
Commissioner's decision on the
matter shall be final.
Section 11—Amendment of Schedule.
The Commissioner may, after
consultation with the Board and
with the prior approval of the
Supreme Military Council, by
legislative instrument amend the
Schedule to this Decree.
Section 12—Regulations.
(1) The Commissioner may on the
advice of the Board by legislative
instrument, make regulations for
carrying the provisions of this
Decree into full effect.
(2) Without prejudice to the
generality of subsection (1) of
this section regulations may be
made thereunder—
(a) for regulating the marketing
of timber and timber products;
(b) for registration of exporters
of timber and timber products;
(c) for regulation of the
conveyance and haulage of timber
and timber products;
(d) for the registration of
carpenters and other persons who
depend on woodwork for their
livelihood for the purpose of
enabling them to obtain timber
products for the pursuit of their
occupations;
(e) to regulate the supply of
timber products to persons
requiring them for building
purposes in the case of towns or
places near the land borders of
Ghana;
(f) for providing that timber and
timber products shall be exported
only through particular designated
exit points;
(g) for prescribing fees in
respect of anything to be done
under this Decree;
(h) for prescribing any thing
required or authorised to be
prescribed by this Decree;
(i)
for prescribing in relation to a
contravention of any of the
regulations, a penalty not
exceeding a fine of ¢20,000.00 or
ten years imprisonment or both and
prescribing where the Commissioner
thinks fit a minimum penalty and
requiring the forfeiture of any
goods involved in the commission
of the offence.
Section 13—Interpretation.
In this Decree,
"Board" means the Ghana Timber
Marketing Board; and
"Commissioner" means the
Commissioner responsible for
Trade.
SCHEDULE
Logs (in the round, squared or
boulles)
Plywood
Veneer
Lumber
Flush doors
Furniture
Furniture parts.
Made this 31st day of August,
1977.
GENERAL I. K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 9th
September, 1977.
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