TIMBER INDUSTRY AND GHANA TIMBER MARKETING BOARD (AMENDMENT) ACT - 1977 (SMCD 128)

    • 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.

    • 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.

    • (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 c20,000.00 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.

    • (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.

    • 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.

    • 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.

    • 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.

    • 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 c5,000.00 or one year's imprisonment or both; and in the case of a continuing offence to a further fine not exceeding c50.00 in respect of each day on which the offence continues.

    • (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.

    • (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.

    • 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.

    • (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 c20,000.00 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.

    • In this Decree,

      "Board" means the Ghana Timber Marketing Board; and

      "Commissioner" means the Commissioner responsible for Trade.