PUBLIC AND PRESIDENTIAL SEALS ACT - 1970 (ACT 342)

• Section - 1 - Use Of Public And Presidential Seals.

  • (1) Subject to subsections (2) and (3) of this section, except where their use is expressly provided for by the Constitution or any other enactment, the Public Seal and the Presidential Seal shall or may be used on such occasions and in respect of such matters as may be prescribed by regulations made under section 4 of this Act.
    
    (2) The Public Seal may be applied in respect of any instrument signed by a Minister in exercise of any function conferred or imposed on him by the Constitution or by any other enactment.
    
    (3) The Presidential Seal may be applied in respect of any instrument executed personally in exercise of any function conferred by the Constitution or any other enactment, by the President or by the Speaker when exercising the functions of the President under article 38 of the Constitution.

• Section - 2 - Custody Of Seals.

  • (1) The Secretary to the Cabinet or such other member of the Public Services as may be prescribed by regulations, shall have the custody and charge of the Public Seal.
    
    (2) The Secretary to the President or such other member of the Public Services as may be prescribed by regulations, shall have the custody and charge of the Presidential Seal.

• Section - 3 - Wafer Seals.

  • (1) Regulations may provide for the making of wafer seals, representing the Public Seal and the Presidential Seal, of such material as the regulations may specify and also prescribe the size of the cast to be used for that purpose.
    
    (2) The wafer seals made in pursuance of subsection (1) of this section shall-
    
    (a) be in the same custody as the seals they represent, and
    
    (b) when affixed to any document required to be authenticated by or passed under the Public Seal or the Presidential Seal, shall confer on that document the same validity in all respects as if the document itself had been authenticated by or passed under the Public Seal or the Presidential Seal.
    
    (3) It shall not be necessary to the validity of any document to which a wafer Public Seal or a wafer Presidential Seal is attached or embossed to prove that the attachment or embossing of such wafer seals respectively was authorised, and no evidence to the contrary shall be received.

• Section - 4 - Regulations.

  • (1) The Prime Minister may by legislative instrument make regulations in respect of all or any of the following matters:-
    
    (a) the documents to which the wafer Public Seal and the wafer Presidential Seal respectively are to be affixed;
    
    (b) the manner in which such documents are to be prepared, whether to be printed or written, or partly printed or partly written, and whether to be printed or written on paper, parchment or any other fitting material;
    
    (c) such matters as are required or authorised under this Act to be prescribed by regulations; and
    
    (d) any other matter which he considers expedient for the purpose of carrying this Act into effect:
    
    Provided that regulations shall not be made under this section in relation to the Presidential Seal or the wafer Presidential Seal except with the prior approval of the President.
    
    (2) Regulations made under this section may modify the provisions of any enactment for the purpose of giving full effect to this Act or to the regulations.

• Section - 5 - Offences In Connection With Seals.

  • Any person who, without lawful authority or excuse (the proof of which shall lie on him), uses or has in his possession any seal or wafer seal to which this Act applies shall be guilty of a misdemeanour

• Section - 6 - Repeal Of Act 246.

  • The Official Seals Act, 1964 (Act 246) is hereby repealed.