COMMISSIONS OF INQUIRY (IMPLEMENTATION OF FINDINGS) ACT - 1974 (NRCD 261)

• Section - 1 - Power To Dismiss Or Remove Persons.

  • (1) Where any Commission of Inquiry has submitted any report to the Government, and thereafter the Government has published a White Paper in respect of such report and has in the White Paper-
    
    (a) accepted a recommendation that any person should be dismissed or removed from any post; or
    
    (b) recommended that any person should be dismissed or removed from any post,
    
    the Chairman of the National Redemption Council or any person authorised by him may by notice published in the Gazette declare that any such person is summarily dismissed or removed from his post with effect from such date as may be specified in the notice.
    
    (2) A dismissal or removal under this section shall have effect notwithstanding any enactment or rule of law to the contrary, and in particular (without prejudice to the generality of the foregoing provisions) without recourse to any disciplinary or other procedures prescribed under any other enactment.
    
    (3) A person dismissed or removed under this section shall be deemed to have been dismissed or removed for misconduct, and accordingly his entitlement or eligibility to emoluments, pension, gratuity or other accrued rights shall be affected in the same manner as if he had been dismissed or removed under any other enactment relating to him.

• Section - 2 - Power To Order And Enforce Return Of Money Or Other Property.

  • (1) Where any Commission of Inquiry has submitted any report to the Government, and thereafter the Government has published a White Paper in respect of such report and has in such White Paper-
    
    (a) accepted a recommendation that any person should refund any money or restore property to any person or body entitled thereto; or
    
    (b) recommended that any person should refund any money or restore property to any person or body entitled thereto,
    
    the Attorney-General may order that person by notice served on him to refund the money or restore the property to the person or body specified in the notice within such time as may be specified in the notice.
    
    (2) For the purpose of implementing subsection (1) of this section, where any person holds any money, security or other asset on behalf of or in trust for a person on whom a notice has been served under subsection (1), the Attorney-General may by notice served on such first-mentioned person direct him to transfer such money, security or other asset to such other person and within such time as the Attorney-General may direct.
    
    (3) Any person to whom an asset is transferred in pursuance of this section shall acquire good title to such asset notwithstanding anything to the contrary.
    
    (4) Any person who-
    
    (a) fails without reasonable excuse (proof of which shall be upon him) to refund any money, restore any property or transfer any asset in accordance with this section; or
    
    (b) disposes or attempts to dispose of any asset in a manner which may frustrate the implementation of this section; or
    
    (c) in any manner obstructs or hinders the full implementation of this section,
    
    shall be guilty of an offence and liable on summary conviction to a fine not exceeding five thousand cedis or to imprisonment not exceeding five years or to both.

• Section - 3 - Notices To Have The Same Effect As Judgment Of High Court.

  • For the purpose of securing the refund of any money or the restoration of any property under subsection (1) of section 2, that subsection shall operate as a judgment or order of the High Court in civil proceedings from which there is no right of appeal; and accordingly all the enactments relating to the enforcement of judgments or orders of the High Court shall, with such modifications as may be necessary apply with respect to the enforcement of that subsection as they apply for the enforcement of judgments or orders of the High Court in civil proceedings.
    

• Section - 4 - Unpaid Moneys To Bear Interest.

  • Where, under any enactment for the time being in force (whether enacted before or after the commencement of this Decree), any person is made liable to pay any money to the Republic or to any other person or body as a result of the findings of any Commission of Inquiry, such moneys or any part thereof shall until they are paid bear interest at the rate of 10 per centum per annum to be calculated in respect of each completed month, with effect from the commencement of this Decree or the enactment creating the liability, whichever is later.
    

• Section - 5 - Application.

  • Sections 1 and 2 of this Decree shall have effect in relation to any White Paper whether published before or after the commencement of this Decree.
    

• Section - 6 - Interpretation.

  • In this Decree-
    
    "Commission of Inquiry" includes a Committee of Inquiry;
    
    "Inquiry" includes " Enquiry".