PUBLIC OFFICERS ACT - 1962 (ACT 114)

    • (1) No action shall lie against a public officer -

      (a) upon any promise, express or implied, to repay money paid or advanced to him or to another person at his request;

      (b) upon any promise, express or implied, to be answerable for the debt or default of another person; or

      (c) upon any bond, bill of exchange (other than a cheque drawn on a banker), promissory note, or other personal security made, drawn, accepted, endorsed, or given by him.

      (2) This section shall not apply to any action which is-

      (a) brought against a public officer who at the time when the cause of such action arises is in receipt of a salary of more than three hundred pounds per annum in respect of his substantive appointment;

      (b) brought against a person in respect of any liability incurred prior to the date on which such person became a public officer;

      (c) brought by the holder of any security other than those specified in paragraph (c) of subsection (1) of this section to realize such security.

    • (1) All proceedings and documents in or incidental to an action brought in contravention of this Act shall be void.

      (2) Where complaint is made that a public officer is dealt with in contravention of this Act by any process, execution or order issued out of any Court, and is made to that Court or any Court superior to it, the Court shall enquire into the complaint and shall, if it is satisfied that the complaint is well-founded, discharge the public officer without fee, and may award reasonable costs to the person making the complaint, which may be recovered as if such costs had been awarded in his favour in the proceedings instituted against him.

    • (1) On the coming into operation of this Act no Court other than the Supreme Court, High Court, Circuit Court or a District Court shall exercise any jurisdiction whatsoever in respect of an action of any of the descriptions mentioned in paragraph (a), (b) or (c) of subsection (1) of section 1 of this Act brought before or after the commencement of this Act against a public officer.

      (2) This section shall not apply to any action -

      (a) brought against a public officer who at the time when the cause of such action arose was in receipt of a salary of more than three hundred pounds per annum in respect of the salary of his substantive appointment;

      (b) brought by the holder of any security, other than those specified in paragraph (c) subsection (1) of section 1 of this Act to realize such security.

    • The President may, by legislative instrument, declare the holder of any office to be a public officer and may by the same or any other instrument specify the functions exerciseable by any such public officer or amend any enactment for giving effect to the declaration so made.

    • The President may, by legislative instrument, change the designation of any public officer and may for that purpose by the same or any other instrument amend any enactment for giving effect to the change so made.

    • In this Act unless the context otherwise requires-

      "action" includes legal proceedings and process of every description other than criminal;

      "public officer" means:-

      (a) any person in the service of the Government,

      (b) any person in the service of any local authority.

    • (1) The Public Officers (Liabilities) Ordinance (Cap. 26), the Public Officers (Protection) Ordinance (Cap. 27) and the Public Officers and Government Departments (Change of Designations) Ordinance (Cap. 28) are hereby repealed.

      (2) Notwithstanding the repeal of the enactments specified in the preceding subsection, any statutory instrument made thereunder and in force immediately before the commencement of this Act shall continue in force as if made under this Act.

    • This Act shall come into operation on such day as the President may, by legislative instrument, appoint.