Ghana Forestry Commission Act (Act No. 405 of 1980)

TIU.! fOUR HUNDRI'D AND FIFTH OF THE PARL1Atv1ENT OF THE REPUBLIC OF GHANA ENTITLED THE GHANA l<'OIU:S'l'RY COMM[SSlON ACT, 1980 AN ACT to c::tablish a Forestry Commission in accordance with article l 91 of the Constitution and for other purposes connected therewith. DATE OF ,\SSENT: 22nd March, 1980 Bn rr l!NACTED by Parliament as follows: PART i-ESTA!.ILISHMENTOF GHANA FORl:SfRY COMMISSION Act t!05 l. (l) There i.;; hereby established a Ghana Forestry Commisswn, E,rahlr~i-. in this Act rcfcm:d to as O the Commission". mentoftl:o Ghana (2) The 0.rnunission shall be a hody corporate wit11 perpetual CFo 1 r 1 e 1 ~t!·Y 5 .r 0 . l I d d b d . . o nus i, • succcss10n an, a comm1Jn s~a an may sue an· c sue 111 its corpo rate name. (3) The Conunisc;ion shall have power, for the discharge of any of its functi0ns. to a..:quirc and hold any movable or immovable prop..:rty and to dispose c,f such property and to ent(?r into any contract or otlicr trnnsaction. (4) Where there is any hindrance to the acquisition of any property und..,♦r subsection (3) of this section, the property may be acquired for the Commission under the State Property and Contracts Act, 1960 (.C.A. 6) or the State Lands Act, 1962 (Act 125). Act 405 Composition of the Commis5ion. qualilica t1ons of mombcrs of Commission. Ghana Forestry Commissio11 Ac:t, 1Y80 2. (1) Thc1Commi:;sion sliall con:;ist of: (a) · a Chairman who sli:111 not be a Minister or Deputy Minister; (b) the Chief Administrator referred to in section 11 of this Act; (c) as ex ~ffecio, members, Heads of Departments of the Commission, without the right of vote; (d) one representative each of the following: (i) Ministry n;sponsiblc for Natural Resources; (ii) :Ministry responsible for Trade; (iii) Ministry responsible for Industries; (iv) UlC Bank of Ghana; (v) the National House of Chiefs; and (vi) the Lands Commissi;n. (e) a person who possesses knowledge and experience of the wildlife trade; and (j) two representatives of the Ghana timber trade and industry. (2) The Chairman and other members of the Commission shall be appointed by the President acting in accordance with the advice of the Council of State. 3. (J) No person shall be qualified to be a member of the Com mission who (a) is not a citizen of Ghana; (b) has been adjudged or otherwise dcclar~d (i) a bankrupt under any law in fiircc in Ghana and hns not been discharged; (ii) to b::: of unsound mii:d; or (c) is detained .~s a crimind lunatic under any law for the time being in force in Gha.n:1: or (cl) has b:::cn convictc<l (i) for high crime under the Constitution or treason or for nn offence involving the security of the State, fraud, dishonesty or moral turpitude, or (ii) for any other offence on indictment; and has not been granted a free pardon; or · (c) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or in respect of whom ~ commission 2 Ghana Forestry Cvim11issiu11 Act, 1980 or committee of inquiry has found that while being a public officer he acquired assets nnlawf'ully. or · defra11dcd the State or misused or abused his office, or wilfully acted in a manner prejudicial to the interests of the St.itc, and sui;h findings have not been set aside on appeal or judicial review; or (f) has had liis property confisc,itcd as tl;c result of the findings of a comtni%ion or committee of inquiry; . and such findings ha Ye not been sd aside on appeal or judicial review; or (g) is under sentence of death or sentence of imprisonment imposed on ltim by any cottrt; or (I,) is otherwise disqualified by any law for the lime being in force. (2) Without prejudice to the provisions of subscct ion {l) of this section, any member of the Commission shall cease to be a member if (a) ho is absent from three or more consecutive meetings of the Co 1nmission without sufficient reason; or · (b) in the case of a person possessed of professional qualif1cations, he is clisqualificd, otherwise than at his own request, from prftctising his profession in Ghana by order of any competent authority made in respect of him personally. Act 405 4 . .(I) All the members of the Commission other than the Chief Tenure of Administrator ~md Heads of Divisions referred to in paragraph office. (c) of subsection (I) of s.::clion 2 of this Acl shall; subject to sub sections (2) and (3) of this section hol<l offic~ for a period of four years. (2) A member may at any time resign his otlicc in \1.Titing addressed to the President :111d may be removed from o!l1ce by the Pre~idcnt ncting in accordance with the advice of the Council of State for disability, neglect of duty or mi~condud. (3) A member nominated by any authority as its representative on the Commission shall cease to be a rncmbcr if the PrcsicJcnt, on the recommendation of the authority by writing addressed to him and copied to the Chairman of the Commission, revokes his appointment. '(4) The Chairman of the Commis~ion shall noti(v the President of all vacancies occurring in the membership of the Commission. (5) Members of the Commission cea•;inr, to hold ofl1ce shall subjoct to soctions 2 and 3 of this Act, be eligible for rc:1ppointmcnt. 3 Act 405 I!molumcnts of members of Com mission. Gh,1110 forestry Co111111ission Ac1, /<)SO . (6) Where any member of the Commission is incapacitated by illness or any other cause from performing the functions of his ollicc the President may acting in accordance with the advice of the Council of State appoint another person to act in his oflice until lhc member is able to resume the performance of his functions. S. There shall be paid to members of the Commission in respect of their membership such subsistcnc-c, travdling and oth:r ;dlowanccs as the Minister responsible for Finance may approve in relation to them. PART 11--OBJECTS AND FUNCTIONS OF C0Mt.llSSI0N Ohjem of 6. The Commission shall be rcsp0nsiblc for the regulation and Commission. management of U1e utilisation of all forestry and wildlife resources of Ghana and U1c co-ordin:ition of the policies in relation the1eto. Functions ofCom m ission. 7. {I) Without prejudice to the gcnc:r~il eflcct of S:!ction 6 of this Act, it shall be the responsibility of the Commission in relation to forcstry, (a) to manage, maintain and protect fo~ests as an economic resource in p~rpctuity and to promote the i1itcresi'i of forestry, tlevc.:lnp natural and artificial rcgcner~tion, and contro I, dcvdop and p:-0111otc U1c production and marketing of timlJcr and the manufacture of wood based products; (b) to cause to be estahlif..hcd a permanent forest estate made up cf rcs•:r vcd areas upon-·\.;;hich scientific forestry will be pract is~d; (c) to manage the utilisation of all fo1est land~ so as to achieve their most productive use for the p:::rmanent good of the whole i1ation considering both direct and indirect value; (d) to stop needless waste and destruction of the forest and associated natural resources and bring about the profit able harvesting of all timber and other wood products ·,vhile ensuring that supplies of these products arc perpetuated; (e) to establish systems ·to protect timber and ni.ore specifically, to salvage aba11do;1ed tunber wherever found; (f) to correlate forestry with all other land use and adjust the fo1cst economy to the overall national economy; 4 Ghana Forestry Commission Act, 1980 (g) to conduct essential research in conservation of forest and pattern action programmes upon the results of such research; (h) to give training in the prncticc of forestry and the promotion and marketing of timber and other wood products, offrr technical assisL1.nce to all persons engar,cd in forestry activities r.nd spread knowlcd6e of forestry and the acceptance of conservation of naturvl resources throughout the country; (i) subject to the provisions of article 190 of the Constitu tion, to collect royalties and other rcvenuLs in respect of fore!-.ts; timber exploitation nnd forest products; {j) to liaise with the Lnncls Commission with a view to a voiding fr:1.gmcntation of forest concessions; (k) to control and supervise the production for export and th0 exporting or sdc in Ghnna of all species of timber and wood products; (/) to control the number of timber mills and factories and their siting; (m) to declare species of timber tlw.t should be turned into finished and semi-finished products for exports or for use in Gh:ma or for both; (11) to publish journals and p::riodicals reporting results of market smvcys, current dc-rnnnds of species, qu;·,Jity ancl prices of all buying countries for the benefit of the timlx~r trJdc and industry; (o) to advertise Glnna timber, cspccinllly the commercially unknown species, to the worh.l market. ni1d gencrnlly promote the s1Jc of Ghana timber thro11ghout the world; (p) to establish pri~cs of, and secure the most favourable returns for logs, lumber, plywood and other wood products; (q) to regulate the felling of sp::cics in uccord:mce with market demands; (r) in co-operation with the authority or authorities responsible for railways and harhllurs, to exercise control over th~ nlloc;~tion of raih,ay foci lilies and p1md sp·,cc in any lnrbour and t<, a..:quirc spac-: ft•r Stock piling of timhcr am! other wood prlltlucts; (s) to assist in the settlements of all disputes within tJu: tim~cr tr:~<lc and in~lustry; 5 Act 405 Act 405 Ghana For1.mry Cv111missio11 1Jcl, 1980 (t) to ensure that adequate compensation is paid in respect of nil d:unagc to crops ,md farms resulting from the felling of timber trees; (t1) to st.anclardizc within thu timber trndq, the conversion factor for the various species oflogs; · (v) to carry out :i escarch on scientific and technological matters p..:rtaining to the proper utilization and conservation of the forest resources of Cliima; (w) to cn.cour~3c nnd nssist the research efforts of individuals nnd org:misalions eng;i.g-=d in research activities of interest to lhu timber trade and industr;,i of Ghana; (x) to co-opr.rnlc and t iaisc) wil.11 national and in tcrnational organisations in any p:irt of the world 011 matters of research into forestry, forest conservation and utilisa tion; and (y) to publish journals and pcriodical.i reporting results of scientific research work. (2) With.out prejudice to the general effect of section 6 of U1is Act it shall oo the responsibility of the Commissi.on in relation to wildlife- . (a) to establish, develop, control :md con.serve recreational and wildlife resources of Ghana; (b) to establish or cause to be esL'l.blishcd, conserve, develop, control, mannge and prnt~ct !)trict nature rei:~rvcs, national parks, game production reserves, natural hi~tory conscrvntion areas, zoologi~l gardens and recrea I ional areas; (c) · to conduct surveys, nss•2~sments, investigmions and inquiries in connection wilh.thcwildlifo imd rccreatiom,J resources ,md zoologic;:i.l g,\rdens of G~.mrn; (d) to control, develop, m:mni;c and exploit or cause to be · exploited the wildlifo r..n<l recreational resources of Ghana; (e) to e~taLld1, 111,\int:-~in and impro\'c the wilcllifo and rccrcation~d rcsourc:.::, and zoological g,1.rdcns of Gh;ma; (J) to :1.dvig,c :i.n<l dis:.eminatc inforim,tion on all wildlife, rccrc:1.tiond and zoologicnl matters; · (g) to promot~ education and trnining in wildlife, rr.crea tional and zoologic;iJ g:m.lcn matters; · 6 Ghana Forewry Commission Act, 1980 (h) to conduct and promote research into :!II matters pcrtainiJtg to wikllifr, recrc:ttional and zoo!Pgical g:1rdcns of Gh.!1ut and to publish the results of such res.arch; (i) subject to the provisions of article 190 of the Constitu tion, to collect roydtirs and other revenue in respect of wildlife rcsomccs, by-products mid industries, hunting and hunting licences, rrnimd trophies and lc\'ics on exportation and import~tion of wild animals (<lead or alive) and trophies and other products rd:tting thereto; (j) to control pLsls and other factors which prevent the foll development of the wi l<l l ifc resources of Ghnna; (k) tc declare any species of wildlife as pests an<l to control tl1em. (3) Tlw Commission may also do all such acts as may nppenr to it expedient, for th~ purposes of achieving the objects set out in section 6 of this Act and implcmcntii1g the functions spccific<l in subsections ( J) and (2) of this section. (4) The Commission shall further supervise the administration of all laws relating to forestry, wil<llifo, recreational resources an<l zoological g;mlcns. Act 405 8. (1) The Commission shall ordinarily meet for the despatch of Meeting! of business at such times and places ns the Chairman may from time to Commission. time appoint, but sluiU meet at least once in every month. (2) The Chairman shall upon the request in writing siencd by not less !han four members of the Commission summon a special meeting of the Commission within fourteen days on receipt of such request. . (3) At every meeting of the Commission tlte Chuirrmm shall preside and in his a.hs~ncc, the rncmhcrs pn:scnt shall elect a person from among their number to preside at IJ1;\t meeting. (4) Every question coming b(forc the Con11n;ssion at any meet ings.hall be <lccidcd by a majurity of the voles of members. present. (S) The quorum :.it n.ny mcetin1r of the Con11ni1.:ion sh.11l be not less than half the number of members of the Commis5ion. (6) The Chairman or other person presiding :it ~•ny meeting shall have an origin~! us well as a casting vote. (7) The Commission m:i.y co-opt any person as an a.dviscr to , attend any meeting of the Commiss.ion so however tl1:1.t a person so co-opted sll:Jl not have the right to vote on any matter coming before the Commission for decision at that meeting. 7 Act 405 Appoint ment of Committees by Com mission. Relationship with other at11hori1ics. Chief Adminis• trator. Ghana Forestry Commission Act, 1980 9. The Commission may :i.ppoint committees of the Commission comprising nfomb.:-rs of the Commission or non-mcmh.:rs as the Comrniss;on may think fit and m,\y as~ign to such committees such functions rd:1ling to the obj~cts rn1d functions of the commission as the Commission may ddermine. 10. (I) fn the discharg'.;! of its functiom umtcr this Act, the Commii;~icn shall, subjx:t to the provisions of this Act, so far ns practicable, co-op~rntc folly with all Government departments and ngcnci<'S and other puhlic nuthoritics. (2) Subject to the provisions of the Constitution, no person or authority sJK1ll exercise any statutory po\\t·r or <luty inconsistent with the exercise of any powers or duties conferred on the Commis sion by or under this Act. PART III-MANAGEMENT AND STAFF OF CO~iMfSSION 11. (I) The Commission shall have an ofliccr to be dcsi1:,natcd "the Chief Administrator". (2) The Chief Administrator shall be nppointcd in nccorclance with art:cle 157 of the Constitution and slmll hold office upon such terms and conditions us may be specified in his instrument of appointment. (3) Where the office of the Chief Administrator becomes vacant the Commission shall nolifv the Prcsi<lent and the Public Services Commission thereof. · (4) Where the Chief Administr:Hor is incap;1.citatc9 from the pcrformnncc of his functions under this Act the Commission mn.y, subject to subsection (7) of section 4 of this Act· authorise any employee c,f the Commission to perform those functions for the duration of the incapacity. (5) Snhject to the provisions ofth is Act, the Chief Administra tor shall l:e the chief cxccutiv.:! of the Commission :.i.nd shall, !>ubject to the general control of the Commission on mallers of policy, be charged with the direction and day-to-<lay business of the Commis sion nnd of its ~<lministrntion mid the orr;,:1nisation nnd co11trol of all the employees of the Commission. (6) Subject,,~ ~forc~aid the Chid J\dminis~r:-itor may dcleg,1te to any cmpluycl' of the Commis:;ion or to r,ny other p~rson any of his functions tinder this Act and may impose with respect to the exercise of such delegated functions such cvnditions ~1s h!. may tbink fit: Provided th.!t nothing in this suhsccticm sh~ll be construed so as to absoh·:.! tllc Chief Administr:nor from uttinlt'.ll' rcsp,ms:bility for on; act done by any person in pursuance of any such ddcgation. 8 Ghana Forestry Commission Act, 1980 /\ct <05 12. (I) The Commission 1112.y from time to tim~ cng1gc such s1:ifTof11Jo <l Commhsion. employees as may I1c ncci:ssary for the proper and cJlicient con uct of tile b11siness and functions of the Commis~ion. (2) The Colllmission may also cnr;age the services of such consultants and advisers as the Commission may upon the rccom· mendation of the Chief A<lministrator determine. (3) 111e staff of the Commission shall be appointed in acccor dancc with the provisions of article 157 of the Constitution. (4) Subject to the provisions of the Constitution the employees, consultants, :!nd .~dviscrs of the Commission sh;:ill b;;: ,!Pi~ointcd upon s:.ich terms 2.nd conditions ,:s the Commission m2.y, on the rccommend:Jtions of the Chief Administwtor <lctcrminc. ,, (5) Publicomccrs m2.y be transferred or sccondcd to the Com mission or 1112.y othcrwisc give ,:ss?st2.nc-c t11ercto; 1.3. (I) The Commi.ssion r.hall have an offic-:r to b::: dcsiC'fjmted Sct,ctriry of j;,,' Commis5ion. as the "the Sccret<'.ry" of the Commis5ion. (2) Th1:: S::crctary shall r.ct as Sccrct2.ry to the Commi~:.ion at it:; mcctini;s ~.nd shall, sabjcct to the directions of the Commir.s;on, arran,G:: th::: b:!sinc~s L>r r.ncl cat!se to b:: recor<lc<l ~nd k~pt minutes of .~u mectiJ1gc; of the Commission. 0) The S:::crctary shall als'.) perform s1:ch other functions r.s the Commission 1112.y hy writin~ direct or 2.5 th'.! Chief Adminis trator mr.y by writinr, delcg:-.tc to J1i111 ,.ncl 5hdl b:: r.s5iste<l in hi:. func1ions by such of the employees of the Commission ::s the Com• mission m:!.y, on the recommendations of the Chief Administr~tor <lire ct. 14. (I) The Commission sJ1::l1 l1~vc ,m Internal Auditor. (2) s~bjcct to the provisionc, of this Act the Intcm::1 Auditor shall be rcs:1onsiblc to tht: Chief Administrr.tor for t11c pcrform .. "..nce of h!s functtons. (3) As p::rt o: his functions under th:s Act the Intern;:] Auditor s:r:11, ::t intcrv:-.ls of tllrel! montJ~s. prep;:rc n rer,ort on the internal audit wo,·k carried out hy him darinr; the period 0f thrco months immediately prcccu.in g the prepa,·:~tion of the report and submit the report tu the Chief Administrator. (4) Witho;.it prcjt:<lic~ to the zr~nN:t! effect of s'!..lbS'.:ction (3) of this s~ction, the Internal Auditor shall 111~,kc in ca<.h report ~uch obscrva!icns as ap;x:ar to him ncc2ss·.\ry ,!s to the conduct of the financial affairs of the Commission <luring the period to which tJ1c rci:ort relates. 9 rn1c.,-nnt Auditor. 1:unds of Commission, Estim:iic, or r:Apcnditurc. Fin:mcial yoa.r. n:mk ncc,tunti and h,trt<1Wi11r. 1mw1:r< flf Commission. Ghana Forestry Commission Act, J9SO (5) 'Dir.: Jn!crn:~1 Au.JiLor r.!dl s,:ncl n copy of each rcp:1rt prepared by him umb· this s~ction to lhc tlinistcr an<l ;~lso to the M inistcr r<.spun:iibh: for Fin:mcc, the Auditor-Gcncml, ;~ll(l the CJmirman mi<l c.!ch of 1J1c oth;,;r mcmb::rs of the Commission. PArtl' lV-FrNJ\NCIAL PROVISIONS JS. (I) TJ1c funds of the Commission shall include all rcvcnuo accruing to th~ Commi~sion from its operations from m1y s:)tlrcc wh:~tso::vcr ~nd subvention~ :md ,ip1)roprintions from whatever source m.:clc to 1J1c Commiss:011. , (2) For the purpose of providing further capit.:l for the rtm ning of the Commission ::n<l for otlr:r fanctions incidental thcrdo the Commi!i'iion m~y levy s·1c!1 rc:'.son:!hlc clmrg:s :'.'.. it may think fit in rcsp::ct of anything required or m1tJlOriscd to be done under tl1is Act. JG. (I) Th~ Commission sh:-:11 s'.lbmit to the Minister :i.t such times and in s:1ch form ::s th'; Minister m~y. in cons:ilt:~tion with tJ1c Minister rcspon.,il;h:: for Finance direct, detailed c~timatcs of its income 2-nd cxp.::ncfaurc f0r the next folbwing fin:mci~l yc.:1r. (2) Subject to the provis;ons of th-;; Const itutio11, tJ1c cxp:m ctitnrc of the Commission sh::11 be in r.ccorcl:1.n.cc with the S:'.id cs~irn:!tcs :-1s :-.ppmvcd by the Minister ncting in cons:.ihation with ~ho Minister rc!ipousihlc fur Fina11cc. ' 17. (I) Thr:: fim~ncinl ycu of tJ1c Commiss:on shall be the same llS th-; fi.m:.ncid yc;,.r of th; Government. (2) Notwitfo,t::nding s:ths:ction (I) of this s~ction the period commencing with thJ comin~ into force of this Act and ending on th~ 30th d:~y of June, l % 1 s11:--.ll bi deemed to be the firsl finam:ial ycur of th~ Commiss:on. rn. (I) Th~ Commis,ion m:?y h~ve b:mk :ic-cc,unts in such bonks nr. tJi-: Minister rcs:,onsibb for fin,.nc::: m:!y npprovc. (2) S:1bj•;ct to th-; provisions of ciat:sc (2) of article 146 of th~ Constitut,on, th-;; Commi:;,;:on rn:-.y open ,:n<! op-;r::tc fvn:i~n 'CXC!1;:nrp .:ccounts incl~tling ::ccot:nts outsi<!c Gh::11:i into whidt ·may he p:iiu :! p-:rccnt:-.r;~' :~! )proved by the ll:mk of Gh,:-:,n:i of 1Jv: c:irnim!s of th'! Rqnbh: throur;h the export of Gh::11a timh:::r anu ,other wcoJ products and wildlife and wildlife proJuc:s. . (3), The Comm;ssion may obt:,,in lo::ns :rnd otJicr crc<lit facilities on the eunrnntec of 1hc Government from the N::tional Jnvrstmr.nt Bank nr fr0rn S'Jt;h 01h1;r h:':nk ;:s 1J1e :Mi,nistcr ;md tho Minister responsible for Finance may approve. Ghana Forestry Comn!ission Act, 1980 (4) Apart from the powers of the Comrnis'>ion under sub section (3) of this s•~ctio.n, the Commission may, with the nppruval of the Mini~;tcr and the Minister responsible for Finance borrow from any other source. (5) For the purpose of uny technical n.rrnngcmcnt in con nection with the n!ising of ~my lo:in under subsection (3) of this section the Commission shall, if the Nation.ii Investment Bank agrees, use the s.::rviccs of the Bank . . (6) The Commission may borrow temporarily by way of overdraft or oth·:rwisc such sums as it may require for meeting its current obligations or discharging its functions. (7) The Minister responsible for Finance may, on bchnlf of the Government, g11arnntec the pc-rform:mce of any obli~ation or undertaking of the Commission under this Act. (8) The Minister responsible for Finn.nee mny, from time to time, in cons1.1lt;ition \',ith the Minister, prescribe the maximum sums which the Commission may borrow under subsection (3) or (4) of this section. Act 405 19. The Commission shall be exempt from income t:1x imposed E,cemption under the provi:;ions of the Income Tax Decree, J 975 (S.r-.1.C.D. 5). from income tax. 20. At the end of each fir1ancial yc;:ir, ufter the Commission hns Payment into made provision for bJd nm] dJubtful dcbt5, clcpreciation, interest resetvc fund. charg::s, contribution lo sU:ff ~:r1d supcr~111mwtion fund,, and for other ccmting;ncics (if any) :md n.ftcr appropri,:tion h:.is b::cn made for the staff welfare fund (if .~ny) such p)rt of the excess of income over exp-.:n<liture of tJ1c Comrnis~ion st;ll remaining n.s the i\linister responsibl~ for Finance, after consultatiou \\ ith the Commissiol', may by writing c!ircct, sh,~ll be p:i.id into a reserve fund to be estab lished by the Commission. 21. {l) The Commission shrill keep proper accounts and proper Accounts records in relation thereto n.nd the ,:ccounts books and records of anJ audit. the Commission shall be in such form a.s the Auditor-General may approve. (2) The books n.nd n.cc0unt<i. of the Commission sh:;11. within three montl1s .:ftcr the cn<l of c:idl fir ,mcial year, b-:- ,m<l:trd by the Auditor-Gener~) or by an au<litor authorised by him in .iccord.incc with article 151 of the Constitution. (3) The Commis'>ion shall p:1y in rcsp~ct of such audit, such fees (if nny) :?.s the Au<litor-Grner,!l m::i.y agree. 11 Gh<111a Forestry Commission Act, 1980 Act 405 ·26. (J) The Conimission may by lcglsbtivc instmmcnt, mnke Regulations. such regulations as it may thinic ftt for the purposes of giving full effect to lhc provisions of thb Act. (2) Without prcjt~dicc to the gcncrntity of subsection (1) of this section, rcgubticns m::de thereunder may (a) prescribe the form of all fa:cn~cs, permits, :~grccmcnts . t'.ncl o!her instrumcntsdcalin[: \\ith the cons:-r\':nion of .J.'.CCl::Caliou.iJ forest, wikllifo u ncl recrc:! tiL111,~I resources; (b) regulate the contrcl of the issue of such instruments r:.nd determine the conditions under which they m;:y be 1mumgcd, cxcrcis:d, produced, revoked or rctumed; (c) prcs:;rib~ fees in respcct of such instruments.; (d) with the prior P.pprovnl of the Minister nctin~ in con sulmtion wi!h the Minister responsible for Finance, provide for the establishment .:m<l op:::rntion of a slaff welfare fund. · (3) Reg11lations made under this section may prescribe in relation to :my contravention of the rciulntions, (a) penalties not exceeding a fine of ~50,000.00 or five years' impi·isonmcnt or both; (b) additioral penalties ~ot exceeding ~200.00 per day in resp<.-ct of colltinuing ofTcaccs; (c) forfeiture to 1J1c State and disposal of n.ny articles with which or in conne::tion with which the olfonccs aro committed. '1;7. (l) The functions of the Ghana Timber Marketing Borud, Functions, She Fe rest Products Research Institute of the Council f,,r Scientific ~1.~;~i~ and lnd11,;t·,·ial R,:sc:>.rch, tlic Fo·:csti·y Dc!1,~rlmc!:t n·H.l t!1c Dcpa1 I· c~i~ting mcnt of Game and Wiltllifo shall be exercised subject to the eo11trol b,,di..:~ d and direction of the Comrnis:;ion and the said organisations shall :~;1~;;,~~;c continue in existence as Divisions within lhe CQmmission. mi~sioo, (2) All n~sct\ ri~ht:::, o".J!i:;:1.tio:1s a·1d lia!)i!itics of the hodies referred to in subsection (I) of ti1is section shall b..: ta!..:~n over by the Commission. (3) The employees of such bodies shall be taken over by the Commission but on tcn.ns nnd conditions of service nnt kss fovour nble than the.terms nnd conditions of service tl1cy enjoyed immcJia tcly before such take over. 13 Act '105 Ghana Fores1ry Commission Act, 1980 Existini; enac1mcnts to have clTcct with modifica tion~. Jnrcrprct:i tion. 28. (I) Thc,following enactments, an<l also, n.ny other enactments relating to forcsh·y, wildlife or recreational resources, shall ha.ve effect with such modifications as may be necessary to give effect to this Act Forests Ordinance (Cap 157), Fo;est Improvement Fund Act, 1960 (No. 12), Administration of Lands Act, 1962 (Act 123), Concessions Act, 1962 (Act 124), Forest Protc-~tion Dcc·,ee, 1974 (N.R.C.D. 243), Trees nnd Timbei." Decree, 1974 (N.R.C.D. 273) and Wil<l Animals Presei."vation Act, 1961 (Act 43). (2) The Council for Scientific and Indmtrial Research Decree, 1968 (N.L.C.D. 293) is he·.-cby rtmcntlccl by the deletion from subparagraph (2) of pamg.aph 13 theicof' of the words "(J) Forest Products Research Institute" ... (3) The Ghana Timber Marketing Iloard rnstrumcnt, 1970 (L.I. 661) is hereby revoked. 29. In this Act, "Minister" mc~s the Minister responsible for forestry and wildlife. PJlINTED llY 'I'Jm CHANA PUnT,lf-:Hlh'G COHT'()HATION (PJUNTJ.NO DlVL"iWlll> . ACCnA-TE1JA, CJUN4 01'C/A2.?C 16,2-W/<II) I'ri;,i, f.1,0O