Postal, Courier & Logistics Services Commission (Amendment) Bill
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Watch an AI-generated discussion breaking down this bill in plain language, exploring its key provisions and potential impacts on Ghana's digital innovation sector.
Executive Summary
The Postal, Courier & Logistics Services Commission (Amendment) Bill establishes a comprehensive regulatory framework for Ghana's postal, courier, and logistics sector by creating the Postal, Courier and Logistics Commission as the primary regulatory authority. The Commission receives broad powers to license operators, set quality standards, monitor compliance, and enforce regulations across the industry. The bill mandates licensing for all postal, courier, and logistics service providers except Ghana Post, making it a criminal offense to operate without authorization, with penalties including fines and imprisonment up to three years.
Key regulatory requirements and business implications include mandatory technology adoption for licensees, particularly courier services, which must implement tracking systems, timely delivery mechanisms, and digital payment processing. The Commission can modify license conditions with 60 days' notice if deemed in the public interest, and has authority to access business records and financial accounts for compliance monitoring. The bill establishes Ghana Post as the designated national provider with exclusive rights over certain "reserved" postal services including letters, postcards, and small packages as detailed in Section 22, creating a protected market segment that limits competition in these areas. License holders face non-transferability restrictions without Commission approval and must renew licenses at least three months before expiration or cease operations within 90 days.
Consumer protections and quality assurance mechanisms include the Commission's power to hire independent consultants to evaluate service quality and recommend improvements, a formal dispute resolution process for complaints about discrimination or unauthorized charges, and requirements for transparent postal rate displays with regulatory oversight of price increases. The bill also enables the Commission to exempt certain groups from postal charges, potentially benefiting vulnerable populations. However, the Commission's broad discretionary powers to modify, suspend, or cancel licenses create regulatory uncertainty for businesses, particularly given the 60-day notice period for modifications and the subjective "public interest" standard.
Enforcement provisions establish extensive criminal penalties across multiple categories: operating without a license carries fines or imprisonment up to three years; tampering with mail, stamps, or postal infrastructure results in fines and/or imprisonment; unauthorized disclosure of mail contents is criminalized; and fraudulent activities including counterfeit stamps face significant penalties. The bill grants inspectors authority to enter premises and access documents for compliance verification, while also allowing the Commission to issue directives for national security purposes that override other obligations, with potential compensation for resulting losses. The transitional provisions ensure continuity by transferring all assets, contracts, and employees from the previous regulatory body to the new Commission, maintaining existing employment terms and recognizing current licenses during the transition period.
Impact Analysis
Digital Innovation
This bill creates substantial barriers to digital innovation in Ghana's postal and logistics sector through extensive licensing requirements and market restrictions. The mandatory licensing provisions in 17 specifically target digital-first businesses including e-commerce platforms, online shops, and courier aggregators -...
Freedom of Speech
This bill establishes significant content-based restrictions on freedom of speech and expression through the postal, courier, and logistics system. Section 35 prohibits sending materials that are "indecent, pornographic, scurrilous, threatening or grossly offensive" or "prejudicial to public safety or to the peace...
Privacy & Data Rights
This bill poses significant threats to privacy and data rights through multiple provisions that grant extensive surveillance and search powers to postal service providers, regulators, and government authorities. Most concerning is the authority granted to service providers to detain and open mail suspected of containing prohibited articles...
Business Environment
This bill fundamentally transforms Ghana's business environment for postal, courier, and logistics services through an expansive mandatory licensing regime that captures virtually every entity engaged in delivery activities. The licensing requirements extend far beyond traditional courier companies to include **e-commerce...
Critical Issues with This Bill
These concerns pose significant risks to Ghana's digital innovation ecosystem
Criminal Penalties for Unlicensed Delivery
The provision imposes criminal liability including up to 3 years imprisonment for operating delivery services without a license (subsection 4), treating administrative licensing violations as crimes. This is grossly disproportionate—democratic jurisdictions reserve criminal penalties for licensing violations involving fraud or serious safety risks, not routine delivery activities. The broad scope captures restaurants, pharmacies, shops, and individuals offering delivery, while Ghana Post operates license-free (subsection 2), creating unequal market conditions. Subsection (5) further criminalizes using unlicensed third-party operators, restricting business relationships and creating cascading liability risks throughout supply chains.
Warrantless Mail Searches by Private Entities
This provision authorizes private postal, courier, and logistics providers to detain and open sealed mail based solely on their subjective "reason to believe" it contains prohibited items—without requiring judicial warrants, independent oversight, or notification to the sender/recipient. This violates international privacy standards (ECHR Article 8, ICCPR Article 17) which require judicial authorization for correspondence searches. Unlike Section 41 which mandates opening in the addressee's presence for customs matters, this provision lacks even minimal procedural safeguards, creating potential for arbitrary searches of personal correspondence by commercial entities with no accountability or appeal mechanism.
Warrantless Data Access Directives
The Commission can issue binding directions to licensees requiring disclosure, retention, or processing of customer data in the name of "national security" or "international relations" without prior judicial authorization, notice to affected individuals, or independent review. Combined with inspector access powers, this creates a framework for warrantless surveillance of postal and courier communications that overrides all privacy protections. Customers have no right to know when their data is accessed or to challenge such directions, and the vague justification standards enable arbitrary data collection without meaningful legal constraint.
Arbitrary Operational Directives Risk
The Commission can issue binding operational directives to any licensee based on undefined "national security" or "international relations" grounds, with only ministerial consultation required. Section 59(2) mandates compliance "despite any other duty" under the Act, overriding license conditions, service contracts, and regulatory obligations without prior notice or hearing rights. This creates severe regulatory unpredictability that undermines business planning and investment decisions—operators cannot forecast what operational changes might be demanded at any time. While compensation is theoretically available under Section 59(3), it is discretionary and requires cumbersome ministerial coordination plus parliamentary approval, providing no protection against immediate operational disruption.
Digital Platforms Face Licensing Barriers
This provision mandates licensing for e-commerce platforms, logistics aggregators, and digital delivery coordination services - business models that typically operate without specialized licensing in democratic jurisdictions. The requirement to obtain a license to "facilitate" or "offer" courier services creates regulatory uncertainty for digital platforms that coordinate delivery without directly providing it, while criminal penalties (up to 3 years imprisonment) for operating without authorization chill innovation and market entry. The exemption for Ghana Post while subjecting digital competitors to licensing requirements creates an uneven playing field that protects the state operator from innovative competition.
Undefined Application Requirements Create Market Barriers
The Commission has unilateral authority to determine application forms, required documents, and fees without statutory guidance or transparency requirements. Applicants must demonstrate "proof of ability to provide the service" under subjective standards that lack objective criteria, creating unpredictability in licensing outcomes. Combined with Section 20's mandatory licensing requirement and criminal penalties for unlicensed operation, these undefined procedural requirements create significant barriers to market entry, particularly for small operators who lack resources to navigate regulatory uncertainty.
State Monopoly Forecloses Market Competition
This provision designates Ghana Post as the exclusive provider of letters, postcards, printed matters, and small parcels (as defined in Section 26), preventing private sector competition in these segments. While private operators face mandatory licensing and technology requirements in non-reserved segments, Ghana Post operates in protected markets without equivalent performance mandates. The provision grants Ghana Post unregulated authority to delegate reserved functions "subject to such conditions as it may determine in writing" (subsection 4), creating a sub-licensing system with no specified criteria or Commission oversight, enabling potentially arbitrary market access decisions.
Postal Monopoly Blocks Digital Innovation
This provision grants Ghana Post exclusive rights over letters, postcards, printed matters, and small parcels, preventing private operators from competing in these segments regardless of their digital capabilities. While 20 mandates extensive digital infrastructure for courier services, this monopoly ensures those innovations cannot be applied to reserved postal services by private competitors. The contracting mechanism in 23 allows Ghana Post to subcontract delivery, but private operators cannot independently innovate or compete. This exceeds modern OECD practice, which favors competition with universal service obligations rather than full monopolies, significantly limiting market-driven digital transformation of postal services.
Monopoly Blocks Private Market Entry
This provision grants Ghana Post exclusive rights to convey letters, postcards, printed matters, and small parcels, creating a statutory monopoly that prevents private operators from competing independently in these service categories. Private businesses can only participate as subcontractors to Ghana Post under Section 27, not as independent competitors. This approach exceeds typical regulatory practice in modern democracies, which generally allow competition while imposing universal service obligations on designated providers, rather than granting full monopoly rights.
No Safeguards for License Transfers
This provision prohibits transferring postal, courier, or logistics licenses without Commission approval, but provides no criteria, timeline, or appeal rights for transfer decisions. This creates severe uncertainty for business transactions—companies cannot reliably plan mergers, acquisitions, or succession strategies because the Commission has unlimited discretion to deny transfers without explanation or recourse. Combined with Section 29's requirement to cease operations 90 days after license expiration, businesses face a "trapped asset" scenario where licenses cannot be transferred and have no exit value if renewal is denied.
Vague Content Bans Enable Censorship
This provision prohibits sending materials that are "indecent," "scurrilous," "grossly offensive," or "prejudicial to public safety or peace and public order" through postal, courier, or logistics services. These subjective, undefined terms create a censorship mechanism that can be applied arbitrarily to suppress legitimate political speech, satire, journalism, or controversial but protected expression. Unlike international democratic standards, the provision extends beyond universally accepted prohibitions (child exploitation, direct incitement to violence) to vague moral judgments, with no exceptions for journalistic, artistic, or educational purposes. Combined with inspection powers in Section 40, this creates infrastructure for content surveillance and control of information flow.
Private Censorship of Mail Content
This provision empowers private postal and courier companies to unilaterally open mail they subjectively believe contains prohibited content. Combined with Section 39's vague prohibitions on "scurrilous," "grossly offensive," or materials "prejudicial to public safety," this creates a private censorship regime where service providers become speech arbiters without judicial oversight. The subjective "reason to believe" standard and absence of appeal mechanisms will chill legitimate expression—political criticism, controversial art, activist materials—as senders self-censor to avoid mail interception. This violates international freedom of expression standards requiring precise legal definitions and independent review of content restrictions.
Private Mail Surveillance Without Warrants
This provision authorizes private postal and courier companies to detain and open mail based on subjective "reasonable suspicion" of customs violations—without judicial authorization, warrants, or independent oversight. This creates a severe chilling effect on private correspondence, particularly for journalists, activists, and civil society organizations who rely on mail for sensitive communications. When combined with Section 39(1)(h)'s prohibition on materials "prejudicial to public order," private operators could intercept political speech or investigative journalism under the guise of customs enforcement, with no appeal mechanism or accountability for wrongful interception.
Private Mail Opening Without Judicial Oversight
This provision authorizes private postal, courier, and logistics operators to detain and open mail suspected of customs violations without requiring judicial authorization or independent review—a significant departure from international privacy standards. While subsection (1) requires the addressee's presence, subsection (2) permits unilateral opening if the addressee "fails or neglects to attend" after notification, creating opportunities for abuse through inadequate notice or circumstances preventing attendance. The provision contains no mechanism for addressees to challenge detention decisions, seek judicial review, or obtain compensation for wrongful intrusion, violating fundamental due process principles that typically govern privacy intrusions in democratic jurisdictions.
Criminal Penalties Deter Digital Innovation
This provision criminalizes unauthorized provision of "reserved postal functions" with imprisonment up to three years and substantial fines (250-1,000 penalty units), creating severe barriers for digital innovation in logistics and delivery services. Digital platforms, peer-to-peer delivery apps, and innovative courier services face criminal liability for market entry rather than administrative penalties, deterring experimentation and testing of new business models. The provision's reference to reserved functions "specified in the Schedule" creates regulatory uncertainty for digital entrepreneurs who cannot determine whether their services fall within the criminalized zone, while the incomplete penalty specification (blank minimum term) makes risk assessment impossible. This criminal enforcement of Ghana Post's monopoly contrasts sharply with global trends toward digital disruption in postal/logistics services and exceeds typical OECD regulatory approaches.
Criminal Monopoly Enforcement Restricts Competition
This provision enforces Ghana Post's monopoly over reserved services (Section 22) through criminal imprisonment up to 3 years rather than administrative remedies, exceeding typical OECD regulatory approaches where market-entry violations are handled through civil penalties and license denial. The provision contains a critical drafting defect with the minimum imprisonment term left blank ("not less than ………."), violating legal certainty principles—businesses cannot know the actual criminal consequences of their conduct. This criminal enforcement approach creates severe barriers to market entry and competition in reserved service areas.
Vague Language Criminalizes Digital Innovation
The provision prohibits using "any other words, letters or marks which may lead the public to believe" something is postal-related without Ghana Post's discretionary permission, backed by criminal imprisonment up to 12 months. This overbroad language creates severe uncertainty for digital platforms, logistics apps, and tech startups that routinely use descriptive terms like "mail delivery," "postal services," or "package tracking" in their interfaces and marketing. The discretionary permission requirement from Ghana Post—with no standards, timeframes, or appeal rights—creates an insurmountable barrier to digital innovation, as tech companies cannot confidently develop products without risking criminal liability for standard industry terminology.
Criminal Penalties for Protected Commercial Speech
This provision criminalizes the use of vague, overbroad language on private property, vehicles, or vessels that "may lead the public to believe" they are associated with postal services, with penalties including up to 12 months imprisonment. The subjective standard creates a chilling effect on legitimate commercial speech, forcing businesses to self-censor descriptive language about their mail, delivery, or logistics services to avoid criminal liability. Requiring Ghana Post's discretionary permission to use certain words creates a prior restraint system where a government-affiliated competitor controls what private businesses can say about their own services, with no standards, appeal rights, or due process protections.
Criminal Penalties for Business Terminology
This provision criminalizes the use of postal-related terminology without Ghana Post's permission, threatening private courier and logistics operators with up to 12 months imprisonment for inscribing words that "may lead the public to believe" their facilities or vehicles handle mail. The vague language captures legitimate business communications—terms like "mail delivery," "postal services," or "letter box" could trigger prosecution—while giving Ghana Post discretionary control over whether competitors can use common industry terminology. This treats a labeling matter as a serious criminal offense rather than a civil violation, creating severe regulatory uncertainty and anti-competitive barriers that protect the state-owned postal monopoly from market competition.
No Journalism Exception for Disclosure
This provision criminalizes disclosure of postal article contents without written authorization from Ghana Post, with penalties up to 250 penalty units and 12 months imprisonment. The provision contains no exception for journalism, whistleblowing, or public interest disclosure, creating a chilling effect on investigative reporting into postal service corruption or fraud. Ghana Post's gatekeeping role in authorizing disclosures is particularly problematic—journalists investigating postal service wrongdoing must seek permission from the very entity they're investigating, or face criminal prosecution.
Warrantless Access to Customer Data
Inspectors can enter premises and access "all books, records, returns and any other documents" without warrants or judicial authorization. In the postal/courier/logistics sector, these records contain extensive customer personal data including names, addresses, transaction histories, and shipment details. The provision lacks explicit confidentiality protections or restrictions on how accessed customer data is retained or used beyond immediate compliance verification. When combined with Section 59's national security override powers, this creates potential for customer surveillance without the warrant requirements standard in GDPR and comparable democratic frameworks.
Unrestricted Inspector Access to Business Records
Inspectors may enter business premises "at all reasonable times" and access all books, records, and documents without warrant requirements, advance notice, or confidentiality protections. This creates significant operational uncertainty for courier and logistics businesses, as inspectors could access commercially sensitive information including pricing strategies, customer lists, and operational methodologies during unannounced visits. The absence of procedural safeguards—no appeal mechanism, no limitation on inspection frequency, no protection for competitive intelligence—increases compliance costs and regulatory risk, particularly for smaller operators lacking dedicated compliance infrastructure.
Unbounded Tech Mandate Power
The Commission can issue binding directions requiring technology changes, data sharing, or operational modifications based on undefined "national security" or "international relations" concerns, with no prior notice, technical feasibility review, or independent oversight. This creates severe regulatory uncertainty for digital investments: companies could spend millions implementing tracking systems, digital payment platforms, or automated infrastructure only to receive directions mandating different approaches. The mandatory compliance override means these directions supersede all other requirements, including the technology standards established in Section 20, creating conflicting obligations that undermine the bill's digital transformation goals.
Key Provisions
Establishment of the Commission
Plain Language Summary
This provision creates the Postal, Courier and Logistics Commission as a legal entity. The Commission can own property and enter into contracts to carry out its duties. It also has the authority to acquire land needed for its operations, following the procedures outlined in the Land Act, 2020, and covering the expenses.
Show Original Legal Text
- (1) There is established by this Act the Postal, Courier and Logistics Commission as a body corporate.
(2) The Commission may for the performance of functions of the Commission, acquire and hold property, dispose of property and enter into a contract or any other related transaction.
(3) Where there is a hinderance to the acquisition of land, the land may be acquired for the Commission under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Commission.
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Functions of the Commission
Plain Language Summary
The Commission is responsible for ensuring postal, courier, and logistics services are available throughout the country and meet customer needs. It grants licenses to service providers, regulates postage stamps and rates, and sets quality standards. The Commission also considers the needs of people with disabilities, assists licensees, and maintains a register of them, while also ensuring compliance with relevant laws and regulations.
Show Original Legal Text
The functions of the Commission are to
(a) ensure as far as practicable the provision of postal, courier and logistics services throughout the country to meet the demand for the services;
(b) ensure that providers of postal, courier and logistics services achieve the highest level of efficiency in the provision of the services and are responsive to customer and community needs;
(c) grant licences for the operation of postal, courier and logistics services;
(d) regulate the issue of postage stamps including definitive, commemorative and special issue postage stamps and any other philatelic items;
(e) provide guidelines on rates of postage and other fees chargeable in respect of postal articles;
(f) designate quality standards of equipment for the provision of postal, courier and logistics services where necessary;
(g) ensure that the needs of persons with disability are considered in the provision of postal, courier and logistics services;
(h) provide assistance to licensees, where practicable;
(i) maintain a register of licensees;
(j) submit inputs for policy formulation to the Minister for consideration as may be necessary;
(k) ensure strict compliance with this Act and Regulations made under it; and
(l) perform any other functions assigned to the Commission under this Act or any other enactment; or
(m) perform any other function incidental to the object of the Commission.
Governance of the Commission
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Governing body of the Commission
Plain Language Summary
This provision establishes the governing board of the Commission. The board will consist of a chairperson, a representative from the Ministry of Communication, Digital Technology and Innovations, and the Executive Secretary. The President will appoint the chairperson and other members of the board.
Show Original Legal Text
(1) The governing body of the Commission is a Board consisting of
- (a) a chairperson; - (b) one representative of the Ministry of Communication, Digital Technology and Innovations not below the rank of a Director nominated by the Minister; - (c) the Executive Secretary; and
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Functions of the Board
Plain Language Summary
The Board is responsible for setting the Commission's strategic direction and policies. It also manages the Commission's resources. The Board ensures the Commission performs its functions efficiently and effectively.
Show Original Legal Text
- The Board
(a) is responsible for the strategic direction and policies of the Commission; and
- (b) shall
- (i) oversee the sound and proper management of the resources of the Commission; and
- (ii) ensure the efficient and effective performance of the functions of the Commission.
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Tenure of office of members of the Commission
Plain Language Summary
Commission members, excluding the Executive Secretary, serve four-year terms and can be reappointed once. Members can resign by notifying the President. Absence from three consecutive meetings without a valid reason results in removal. The President can also revoke an appointment for specific reasons, and the process for filling vacancies involves the Minister notifying the President, who then appoints a replacement for the remainder of the term.
Show Original Legal Text
- (1) A member of the Commission other than the Executive Secretary shall hold office for a term of four years and is eligible for re-appointment for another term only.
(2) A member of the Board may, in writing addressed to the President, resign from office.
(3) A member of the Board other than the Executive Secretary who is absent from three consecutive meetings of the Commission without sufficient cause ceases to be a member of the Commission.
(4) The President may, in writing addressed to a member, revoke the appointment of the member for stated reasons.
(5) Where a member of the Board is for a sufficient reason unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy.
(6) Where there is a vacancy
- (a) under subsection (2), (3) or (4) or subsection (2) of section 9;
- (b) as a result of a declaration under subsection (5); or
- (c) by reason of the death of a member,
the Minister shall notify the President of the vacancy and the President shall appoint another person to fill the vacancy for the unexpired term.
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Duties and liabilities of a member of the Board
Plain Language Summary
Board members must act in the best interest of the Commission, similar to how company directors act. They cannot use their position for personal gain or misuse confidential information. Board members are required to disclose their assets and affiliations before taking office. Violating these rules can lead to fines and being ordered to pay compensation to the Commission.
Show Original Legal Text
- (1) A member of the Board has the same fiduciary relationship with the Commission and the same duty to act with loyalty and in good faith as a director of the company incorporated under the Companies Act, 2019 (Act 992).
(2) Without limiting subsection (1), a member of the Board has a duty
- (c) to avoid making improper use of information acquired by virtue of the position of that member so as to benefit that member or to the detriment of the Commission; and
- (d) not to abuse the position of the office.
(3) A member of the Board shall, before assuming office, file with the Commission a disclosure statement declaring all assets, business affiliations and details of past and recent employment.
(4) A member of the Board who contravenes subsection (1) or (2) commits an offence and liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units.
(5) Where a court determines that the Commission has suffered loss or damage as a consequent of an act or omission of a member of the Board, the court may, in addition to imposing a fine, order the person convicted to pay appropriate compensation to the Commission.
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Meetings of the Board
Plain Language Summary
The Board must meet at least every two months, and special meetings can be called if requested by one-third of the members. A quorum of four members, including the Executive Secretary, is required for meetings. Decisions are made by a majority vote, with the chairperson having a tie-breaking vote. The Board can also invite people to attend meetings who do not have voting rights and can set its own meeting procedures.
Show Original Legal Text
- (1) The Board shall meet at least once every two months at a time and place determined by the chairperson.
(2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at a time and place determined by the chairperson.
(3) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside.
(4) The quorum at a meeting of the Board is four members including the Executive Secretary.
(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board may co-opt a person to attend a meeting of the Board but that person shall not vote on a matter for a decision at the meeting.
(7) The proceedings of the Board are not invalidated by reason of a vacancy among the members of the Board or by a defect in the appointment or the disqualification of a member.
(8) Subject to this Act, the Board shall regulate the procedure for the meetings of the Board.
(1) A member of the Board who has an interest in a matter for consideration by the Board
- (a) shall disclose in writing the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and - (b) is disqualified from being present at or participating in the deliberation of the Board in respect of that matter.
(2) A member ceases to be a member of the Board if that member has an interest in a matter before the Board and
- (a) fails to disclose that interest; and
- (b) is present at or participates in the deliberations of the Board in respect of that matter.
(3) Where a member contravenes subsection (1), the chairperson shall notify the Minister who shall inform the President in writing to revoke the appointment of that member.
(4) Without limiting any further cause of action that may be instituted against the member, the Board shall recover any benefit derived by a member who contravenes subsection (1) in addition to the revocation of the appointment of the member.
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Committees of the Board
Plain Language Summary
The Board has the power to create committees to help with its work, and these committees can include people who are not on the Board. If a committee has both Board members and non-Board members, a Board member must be the chairperson. Members of these committees are subject to the same rules outlined in Section 9.
Show Original Legal Text
- (1) The Board may establish committees consisting of members of the Board or nonmembers or both to perform a function of the Board.
(2) A committee composed of members and non-members shall be chaired by a member of the Board.
(3) Section 9 applies to members of a committee of the Board.
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Allowances of members
Plain Language Summary
This provision states that members of the Board and its committees will receive allowances. The amount of these allowances will be decided by the Minister, after consulting with the Minister responsible for Finance. This ensures board members are compensated for their work.
Show Original Legal Text
- Members of the Board or members of a committee of the Board shall be paid allowances determined by the Minister in consultation with the Minister responsible for Finance.
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Policy directives
Plain Language Summary
This section allows the Minister to provide written policy instructions to the Board, and the Board must follow them. These instructions must align with the goals of the Act. This ensures the Board operates in accordance with the government's policy objectives.
Show Original Legal Text
- (1) The Minister may give directives in writing on matters of policy to the Board and the Board shall comply.
(2) The directives shall be consistent with the object of this Act.
Administrative Provisions
(2) The Executive Secretary shall hold office on the terms and conditions specified in the letter of appointment.
(3) The Executive Secretary
(a) is responsible for the day-to-day administration of the Commission; and
(b) shall ensure the implementation of the decisions of the Board.
(4) The Executive Secretary may delegate a function to an officer of the Commission but shall not be relieved of the ultimate responsibility for the performance of the delegated function.
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Appointment of other staff of the Commission
Plain Language Summary
This section describes how the Commission obtains its personnel. The President is responsible for appointing staff, but this power can be delegated to the Board. Public officers can also be transferred to the Commission. Additionally, the Commission can hire consultants and experts to support its work.
Show Original Legal Text
- (1) The President shall, in accordance with article 195 of the Constitution, appoint other staff that are necessary for the effective and efficient performance of the functions of the Commission.
(2) The President may, in writing, delegate the power of appointment in subsection (1) to the Board.
(3) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to the Commission.
(4) The Commission may, for the effective and efficient performance of the functions of the Commission, engage the services of consultants or experts on the recommendation of the Executive Secretary.
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Internal Audit Unit
Plain Language Summary
This provision mandates the creation of an Internal Audit Unit within the Commission, headed by an Internal Auditor. The Internal Auditor will conduct regular audits of the Commission's activities. They will also provide quarterly reports to the Board with recommendations for improvements, ensuring transparency and accountability.
Show Original Legal Text
- (1) The Commission shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921).
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
(3) The Internal Auditor is responsible for the internal audit of the Commission.
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
- (a) prepare and submit to the Board, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and
- (b) make recommendations in each report with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Commission.
Financial Provisions
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Funds of the Commission
Plain Language Summary
This provision specifies how the commission is funded, including through parliamentary allocations, fees, and donations. It also allows the commission to invest any funds that are not immediately required. This investment power enables the commission to potentially grow its financial resources and ensure long-term financial stability.
Show Original Legal Text
(1) The sources of funds of the Commission are
(a) moneys approved by Parliament;
(b) fees, and
(c) loans, grants and donations.
(2) The Commission may invest moneys not required for immediate use as the Commission considers appropriate.
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Bank account
Plain Language Summary
This provision states that the Commission must have a bank account to hold its funds. The account needs to be approved by the Controller and Accountant-General. This ensures that the Commission's finances are properly managed and supervised by the appropriate authorities.
Show Original Legal Text
- Moneys for the Commission shall be paid into a bank account opened for the purpose by the Commission with the approval of the Controller and Accountant-General.
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Accounts and audit
Plain Language Summary
The Commission is required to keep financial records according to the Auditor-General's standards. Each year, the Auditor-General will audit the Commission's accounts. The audit report will then be shared with Parliament, the relevant Minister, and the Commission's Board.
Show Original Legal Text
- (1) The Commission shall keep books, records, returns of account and other documents in relevant to the accounts in the form approved by the Auditor-General.
(2) The Board shall, at the end of each financial year, submit the accounts of the Commission to the Auditor-General for audit.
(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts of the Commission and submit the report to Parliament and forward a copy each of the audit report to the Minister and the Board.
(4) The financial year of the Commission is the same as the financial year of Government.
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Annual report and other reports
Plain Language Summary
The Board must submit an annual report on the Commission's activities to the Minister within 30 days of receiving the audit report, including the Auditor-General's report. The Minister then has 30 days to submit this report to Parliament, along with any necessary statements. The Minister can also request additional reports from the Board as needed.
Show Original Legal Text
- (1) The Board shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister covering the activities and operations of the Commission for the year to which the annual report relates.
(2) The annual report shall include the report of the Auditor-General.
(3) The Minister shall, within thirty days after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
Licensing and Regulation of Postal, Courier and Logistics Services
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Licence to provide postal, courier and logistics services
Related Key Concerns
Plain Language Summary
This provision requires most businesses and individuals providing postal, courier, and logistics services in Ghana to obtain a license from the Commission, with Ghana Post being an exception. Operating without a license is a criminal offense, punishable by a fine or imprisonment. Businesses must also ensure that any third-party courier or logistics operators they use are properly licensed.
Show Original Legal Text
(1) The Commission shall license the following persons or businesses:
(a) a private courier operator solely established to provide courier and logistics services;
(b) a public or private entity which engages in delivery services in the course of business;
(c) an operator of an online shop or e-commerce platform that operates courier or logistics services;
(d) a courier and logistics aggregator;
(e) a supermarket, shop, mall, restaurant, pharmacy, pharmaceutical company or other commercial concern that operates courier or logistics services as part of business activity;
(f) a public or private transport operator in Ghana engaged in delivery whether by land, sea or air;
(g) a courier or logistics service operator; and
(h) an individual engaged in courier or logistics services with the use of a vehicle, cycle, motorcycle or tri-cycle.
(2) Despite subsection (1), the Ghana Post Company Limited shall operate without a licence issued by the Commission.
(3) A person shall not establish, operate, facilitate, provide or offer postal, courier or logistics services except under a license issued by the Commission under this Act.
(4) A person or business who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than………. and not more than three years or, to both.
(5) A person or business specified in paragraph (b), (c) or (d) of subsection (1) shall not engage the services of a third party courier or logistics operator that is not licensed by the Commission.
(6) A person or business that contravene subsection (5) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than
A licence to provide a postal, courier or logistics service may be granted to
(a) a citizen of Ghana operating under a registered sole proprietorship under the Registration of Business Names Act, 1962 (Act 151);
(b) a body corporate registered under the Companies Act, 2019 (Act 992);
(c) a partnership registered under the Incorporated Private Partnerships Act, 1962 (Act 152);
(d) an external company duly registered in Ghana;
(e) a foreign franchise entity registered as a local entity; and
(f) an individual engaged in courier or logistics services who uses a vehicle, cycle, motorcycle or tri-cycle.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Application for licence
Related Key Concerns
Plain Language Summary
To apply for a license, you must submit a form, pay a fee, and provide required documents to the Commission. The Commission will acknowledge your application within five working days and inform you of their decision within sixty days of acknowledgement. The Commission will also assess your ability to provide the service related to the license application.
Show Original Legal Text
(1) An application for a licence shall be
- (a) made to the Commission on a form determined by the Commission; and - (b) accompanied with the prescribed fee and documents.
(2) The Commission shall
- (a) within five working days of receipt of an application, acknowledge in writing the receipt of the application; and
- (b) within sixty days after acknowledgment of receipt, inform the applicant in writing of the decision of the Commission.
(3) The Commission shall in considering an application under this Act, require an applicant to show proof of ability to provide the service to which the application relates.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Grant of licence
Plain Language Summary
This section allows the Commission to issue licenses for postal and courier services, excluding those services that are specifically reserved. The Commission can set conditions for these licenses. Each license must specify the services covered, how long it is valid, and any fees associated with obtaining or maintaining the license.
Show Original Legal Text
- (1) The Commission may, subject to conditions that it may determine, grant a licence to an applicant to provide a postal or courier service other than a reserved postal service.
(2) Without limiting subsection (1) a licence shall state the
(a) type of services to be provided;
(b) period of validity of the licence; and
(c) payment to the Commission
(i) of a fee for the grant of the licence; or
(ii) of periodic payments during the existence of the licence or both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Courier service
Plain Language Summary
This section describes what is needed to get a license for courier and logistics businesses. Licensees must commit to tracking packages, delivering on time, and using technology for things like order processing and payment. The Commission can still give licenses to smaller businesses even if they don't meet all the requirements at first.
Show Original Legal Text
(1) A person shall not be licensed to provide a courier or logistics service unless the person undertakes to
- the courier or logistics operates; - (b) follow and trace items received or collected for delivery by the business undertaking of that person; - (c) deliver items within the acceptable delivery time set by the person and approved by the Commission;
(d) put in place requisite technological and logistical infrastructure approved by the
Commission for
- (i) prompt order fulfilment;
- (ii) standard packaging and labeling;
- (iii) real-time online tracking, monitoring and delivery confirmation;
- (iv) bar code scanning;
- (v) pricing of courier charges;
- (vi) identifying prohibited items;
(vii) payment collection;
- (viii) delivery of items within the acceptable delivery time set by each operator and approved by the Commission;
- (ix) operating within standards acceptable to the Commission; and
- (x) reverse logistics and refund.
(2) Despite subsection (1), the Commission may exercise its sole discretion to grant licenses to prospective courier or logistics operators that are small and medium enterprises or start-up enterprises, irrespective of their inability to fulfil all the requirements herein from the onset of their operations.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Designation of National Postal Service Provider
Related Key Concerns
Plain Language Summary
This section of the bill officially names Ghana Post as the country's main postal, courier, and logistics company. Ghana Post is given the sole authority to provide certain postal services and use the name "Post Office". Ghana Post can also allow other parties to perform some of its duties and can offer combined postal, courier, and logistics services if they have the required resources.
Show Original Legal Text
- (1) The Ghana Post Company Limited referred to in this Act as "Ghana Post" is by this Act designated as the national postal, courier and logistics service provider with the exclusive right to provide the reserved postal, courier and logistics services specified in the Schedule.
(2) The Commission shall upon the coming into force of this Act, accordingly grant
(3) Ghana Post shall have the exclusive use of the words "Post Office".
(4) For the effective and efficient implementation of the reserved function, Ghana Post may subject to such conditions as it may determine in writing, delegate the performance of a function conferred on it under this Act to a person.
(5) Ghana Post may provide a hybrid of postal courier and logistic services and in the case of courier and logistics services, Ghana Post shall put in place the requisite technological and logistical infrastructure specified in paragraph (d) of subsection (1) of section 24 of this Act and approved by the Commission.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Reserved postal services
Related Key Concerns
Plain Language Summary
This provision grants Ghana Post the exclusive right to deliver certain types of mail within Ghana. This includes items like letters, postcards, printed materials, and small packages. The specifics of what qualifies under this exclusive delivery service are detailed in a related schedule.
Show Original Legal Text
- The function reserved for Ghana Post confers on it the exclusive power to convey letters, post cards, printed matters, small parcels and other postal articles within the requirements specified in paragraph 1 of the Schedule.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Contract to convey postal articles
Plain Language Summary
This provision allows Ghana Post to hire outside parties to help deliver mail. These parties can transport mail by land, sea, or air. The specific details of these delivery arrangements will be determined by a contract between Ghana Post and the delivery service.
Show Original Legal Text
- Ghana Post may contract a person to convey a postal article by land, sea or air on its behalf and on conditions that may be agreed upon between Ghana Post and the person contracted.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Licence not transferable without written approval
Related Key Concerns
Plain Language Summary
A license issued under this law cannot be given or sold to someone else. To transfer a license, the Commission must provide written permission. This requirement allows the Commission to control who is authorized under the license.
Show Original Legal Text
- A licence issued under this Act is not transferable except with the prior written approval of the Commission.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Renewal of licence
Plain Language Summary
A postal or courier service license can be renewed by applying to the Commission at least three months before it expires, following the same procedure as the original application. If a license is not renewed or the renewal application is rejected, the licensee must stop providing services within 90 days of the license's expiration. This ensures a structured process for license renewal and outlines the consequences of non-compliance.
Show Original Legal Text
- (1) A licence may be renewed upon an application made to the Commission for renewal of the licence, not later than three months before the expiration of the licence.
(2) The procedure for renewal of a licence shall be the same as that applicable to the grant of the original licence.
(3) A licensee who fails to renew a licence or whose application for the renewal is rejected by the Commission shall cease to provide the postal or courier service ninety days after the expiration of the licence.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Power to modify licence
Plain Language Summary
The Commission has the authority to change the terms of a license if it believes it benefits the public. Before making any changes, the Commission must notify the license holder in writing at least 60 working days in advance and consider any objections. The Commission may also provide compensation to the license holder for any costs or damages resulting from the license modification.
Show Original Legal Text
- (1) The Commission may, subject to this Act, modify a licence if the Commission considers that the modification is required in the public interest.
(2) A modification shall not be made unless the Commission has given at least sixty working days' notice in writing to the licensee
(3) The Commission shall, before making a modification, consider the representation or objection made to the Commission.
(4) A notice under subsection (2) shall be published in the Gazette and in a national media.
(5) A copy of the notice shall be submitted to the licensee.
(6) The Commission may compensate the licensee for any expense incurred or damage caused as a result of a modification to a licence made under subsection (1).
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Suspension or cancellation of licence
Plain Language Summary
The Commission can suspend or cancel a license if the licensee violates its conditions. Before doing so, the Commission must notify the licensee of the problem and allow them a chance to fix it and be heard. The Commission will also consider the potential harm to others if the license is suspended or cancelled. A license automatically expires if it is not used within six months of being granted.
Show Original Legal Text
- (1) Where the Commission is satisfied that a licensee is not complying with or has not complied with the conditions of the licence, the Commission may suspend or cancel the licence.
(2) A suspension or cancellation shall not be made unless the Commission gives the licensee a written notice specifying the cause of dissatisfaction of the Commission and giving directions for rectification of the breach and the action proposed to be taken by the Commission in the event of non-compliance with the notice.
(3) The Commission shall not suspend or cancel a licence without first giving the licensee an opportunity to be heard and to comply with the directives of the Commission if any, within a reasonable period.
(4) The Commission shall in determining whether it is necessary to suspend or cancel a licence, consider the extent of loss or damage to persons likely to be affected by the suspension or cancellation.
(5) A licence which is not utilised within six months from the date of its grant shall lapse.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Complaint to the Minister
Plain Language Summary
This section describes how someone can appeal a licensing decision. If the Commission rejects, changes, or cancels a license, the person can complain to the Minister. The Minister must decide on the complaint within 30 days. If the person is still not satisfied, they can use other ways to resolve the issue, like mediation, or go to court.
Show Original Legal Text
(1) A person aggrieved by
- a rejection or refusal of the Commission to grant or renew the licence of that person; or - a modification, suspension or cancellation of a licence
may lodge a complaint in writing with the Minister who shall within thirty days of receipt of the complaint, make a decision on the complaint.
(6) A person dissatisfied with the decision of the Minister or with the failure of the Minister to make a decision within thirty days as required under subsection (1), may
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Production of books of account and records
Plain Language Summary
To ensure licensees are following the law, the Commission can request access to their financial accounts, records, and other relevant documents. Licensees must provide these documents for inspection when requested by the Commission. This allows the Commission to monitor compliance with the Act.
Show Original Legal Text
- The Commission, for the purpose of ensuring compliance with this Act may, by notice in writing, direct a licensee to submit its accounts, records and other documents specified in the notice for inspection by the Commission.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Quality of Postal Service
Plain Language Summary
This provision allows the Commission to monitor the quality of postal services. To do this, the Commission can hire an independent consultant to evaluate a licensee's services and suggest ways to improve them. The Commission must specify which services and licensee the consultant will monitor.
Show Original Legal Text
- (1) The Commission may for the purpose of monitoring the quality of postal services provided by a licensee, appoint an independent consultant who shall by a written report make recommendations to the Commission on measures to be taken to improve the quality of services.
(2) The Commission shall, in appointing an independent consultant under subsection (1), specify the type of postal services and licensee to be monitored.
Postage Stamps and Postal Operations
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Postage stamp
Plain Language Summary
Ghana Post is the only entity authorized to create and distribute postage stamps in Ghana. These stamps are the standard method for paying for postal services. However, Ghana Post can decide to allow other ways to prepay for postage if they choose.
Show Original Legal Text
- (1) Ghana Post has the sole right to issue postage stamps.
(2) A postage stamp shall be used in respect of postal articles, for the prepayment of postage other sum chargeable under this Act, except where Ghana Post determines that prepayment may be made in some other form.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Postal charges
Plain Language Summary
Ghana Post is required to display its postal service charges at every post office. Any increases to the cost of specific postal services must follow guidelines set by a regulatory commission. This ensures transparency and oversight in how postal rates are determined.
Show Original Legal Text
- (1) Ghana Post shall publish at every post office in the country a notice showing the charges and other conditions to provide postal services.
(2) Increase in charges for reserved postal services provided by Ghana Post shall be determined by Ghana Post in accordance with guidelines given by the Commission.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Copyright in stamps and other philatelic materials
Plain Language Summary
The government owns the copyright for stamps and other philatelic materials created by Ghana Post. This gives the government control over how these items are reproduced and used. Philatelic materials include items like postage stamps.
Show Original Legal Text
- (1) Copyright in philatelic materials produced by Ghana Post belongs to the Government.
(2) For the purpose of subsection (1), "philatelic materials" include
- (a) philatelic stamp;
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Exemption from postal charges
Plain Language Summary
This provision allows the Commission to exempt certain groups of people from paying for postal services provided by Ghana Post. The Commission must announce these exemptions publicly. This enables the Commission to offer free postal services to specific groups they deem appropriate.
Show Original Legal Text
- The Commission may, by notice published in the Gazette , exempt specified classes of persons from paying for postal services provided by Ghana Post.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Prohibition on sending certain articles by post or courier or logistics
Related Key Concerns
Plain Language Summary
This provision prohibits sending dangerous or illegal items such as explosives, narcotics, and indecent materials through the postal service. It also restricts items that could harm postal workers or other mail. However, valuable items like money, precious metals, and jewelry can be sent via courier services.
Show Original Legal Text
(1) A person shall not send by post
(a) any explosive, inflammable, dangerous, filthy, noxious or deleterious substances;
(b) any sharp instrument not properly protected;
(c) any living creature which is either noxious or likely to damage other postal articles in the course of conveyance by post or injure a postal officer;
(d) any indecent or pornographic printing, painting, photograph, lithograph, engraving, book, card or any other indecent pornographic article in whatever form;
(e) any postal article that bears on the cover of it any words, marks or designs of an indecent, pornographic, scurrilous, threatening or grossly offensive character;
(f) opium, morphine, cocaine or any other narcotics;
(g) a postal article that bears a fictitious postage or purports to be prepaid with a postage stamp which has been previously used to prepay another postal article;
(h) any printing, painting, photograph, lithograph, book or card which may be prejudicial to public safety or to the peace and public order of any part of the country; or
(i) any other article prohibited for carriage in the interest of national security or International Air Traffic Association regulations or any other international rules of carriage.
(2) Despite subsection (1), a person may send by courier, coins, bank notes, currency notes, securities or cheques, platinum, gold or silver whether manufactured or not, precious stones, jewels or other valuable articles.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Power to detain and open prohibited articles
Related Key Concerns
Plain Language Summary
This provision allows postal, courier, and logistics companies to hold packages if they suspect the contents are illegal. If a package is suspected of containing prohibited items, the service provider must report it to a relevant state agency like the police or Narcotics Control Commission. This allows law enforcement to investigate potentially illegal items sent through the mail or by courier.
Show Original Legal Text
- Where a postal, courier or logistics service provider has reason to believe that a postal
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Power to open postal articles suspected to contain dutiable goods
Related Key Concerns
Plain Language Summary
This provision allows postal, courier, and logistics services to hold packages suspected of violating customs laws. These services can open the package to inspect it, ideally with the recipient present. Unless needed for legal reasons, the package will then be delivered to the recipient.
Show Original Legal Text
- (1) A postal or courier or a logistics service provider may detain a postal article reasonably suspected to contain goods in contravention of the customs legislation and the officer of the postal or courier provider may open the article in the presence of the addressee or a person appointed agent of the addressee.
(2) Where that person or the agent of that person after being duly notified fails or neglects to attend, the officer may open and examine the postal article.
(3) A postal article that has been opened and examined under this section shall be delivered to the addressee unless the article is required for the purpose of proceedings under this Act or any other enactment.
Offences and Penalties
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Unlawfully taking away or opening mail bag sent by post
Plain Language Summary
This provision makes it illegal to unlawfully take or open mail bags used for postal delivery. It also prohibits unlawfully removing any items from a mail bag during postal transit. Violators may face fines and/or imprisonment.
Show Original Legal Text
(1) A person shall not
(a) unlawfully take away or open a mail bag used for the transmission or conveyance of a postal article; or
(b) unlawfully take out of a mail bag a postal article or any other article in the course of transmission or conveyance of that article by post.
(2) A person who contravenes subsection (1) commits an offence and is liable summary on conviction to a fine of not less than ………… and not more than five hundred penalty units or to a term of imprisonment for a term of not less than ………… and not more than two years or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Unlawful use of stamp or franking machine
Plain Language Summary
This provision makes it illegal to fraudulently misuse postage stamps or franking machines. Prohibited actions include removing stamps, altering used stamps, reusing defaced stamps, or tampering with franking machines. Violators may face fines, imprisonment, or both.
Show Original Legal Text
- A person who with intent to defraud
(a) removes from a postal article any postage stamp fixed to that postal article;
(b) removes from a used stamp a mark made on that stamp at a post office:
- (c) uses a postage stamp which has been obliterated or defaced by a mark made on the postage stamp as having been previously used to prepay any revenue, duty or tax on any postal article; or
(d) tampers with a franking machine or superscripts a postal article with a franking machine which has been tampered with commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred and fifty penalty units or to term of imprisonment for not less than ……….. and not more than twelve months or to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Unlawful interference with mail
Plain Language Summary
This law makes it illegal to tamper with mail or postal items without permission. It also prohibits altering or removing official postal markings. Those who violate this law could face fines or jail time.
Show Original Legal Text
(1) A person shall not
(a) interfere with any mail or postal article otherwise than in accordance with the provisions of this Act or Regulations made under this Act; or
(b) fraudulently put, alter, remove or erase any official mark on a postal article
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than ……..and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Unlawful entry into post office premises
Plain Language Summary
This provision makes it illegal to enter restricted areas of a post office without permission or to interfere with postal workers doing their jobs. Violators may face fines between fifty and two hundred penalty units, a prison sentence of up to twelve months, or both. This aims to protect postal facilities and ensure the smooth operation of postal services.
Show Original Legal Text
(1) A person shall not
(a) without permission enter any premises used for the purpose of postal services provided by Ghana Post and to which the public has no right of access, and refuses or fails to leave the premises when asked to do so by a person employed on the premises; or
(b) unlawfully obstruct or impede an employee of a license in the discharge of the duty of the employee in connection with postal services.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than………. and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Fraudulent use of philatelic material
Plain Language Summary
This law makes it illegal to counterfeit stamps, use Ghana Post stamps without permission, or use old, invalid stamps for mailing. Violators could face fines or jail time. This provision aims to protect the integrity of the postal system and prevent fraud related to stamps.
Show Original Legal Text
(1) A person shall not
(a) counterfeit any philatelic material;
(b) use without authority, proof of which shall be on that person, a stamp designed for Ghana Post; or
(c) use a commemorative or definitive postage stamps for postage purpose after the stamp has been demonetized or invalidated.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Acts infringing on reserved rights
Related Key Concerns
Plain Language Summary
This provision makes it a crime to perform postal services that are specifically reserved for authorized entities, unless the person has legal permission or a valid excuse. Individuals convicted of this offense may face a fine between 250 and 1,000 penalty units, imprisonment for a term between a period not specified and three years, or both. This aims to protect the integrity and regulation of postal services by penalizing unauthorized activities.
Show Original Legal Text
- A person who without lawful authority or excuse performs any of the reserved postal functions specified in the Schedule commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than ………….and not more than three years or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Prohibition of false notice as to reception of letter and sale of stamps
Related Key Concerns
Plain Language Summary
This law makes it illegal to falsely advertise a location as a post office or letter box without Ghana Post's permission. Similarly, you can't mark a vehicle or vessel as carrying mail without written consent. Violators may face fines or jail time. This aims to prevent public confusion about official postal services.
Show Original Legal Text
(1) A person shall not inscribe on any receptacle placed or maintained in any premises under the control of that person or on any premises
- (a) the words "post office" or "letter box" or - (b) any other words, letter or marks which signify or may lead the public to believe that it is a post office or a post office letter box
without the authority of Ghana Post.
(2) A person shall not inscribe on any vehicle or vessel, any words, letters or marks which signify or may reasonably lead any other person to believe that the vehicle or vessel is used for the conveyance of mails from a post office, except with the written permission of Ghana Post.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than ……….. and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than ……… and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Destruction or damage to post office letterbox
Plain Language Summary
This provision makes it a crime to damage or destroy Ghana Post letterboxes or any notices attached to them. If someone is found guilty of this offense, they could face a fine between fifty and two hundred and fifty penalty units, a prison sentence of up to twelve months, or both. This law aims to protect postal infrastructure and ensure the proper delivery of mail.
Show Original Legal Text
- A person who destroys or damages any receptacle provided by Ghana Post for the reception of postal articles or any notices on any receptacle, commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than.. … and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Evasion of post office laws
Plain Language Summary
This provision prohibits individuals from fraudulently using the postal service. It makes it illegal to misrepresent the contents of mail, make false declarations about postal items, or falsely claim exemptions. Violators may face fines between 50 to 250 penalty units and/or imprisonment up to twelve months.
Show Original Legal Text
(1) A person shall not
(a) fraudulently put into a post office anything in which or in the cover of which or
(b) make a false declaration of the contents of anything sent by post; or
(c) fraudulently send by post anything which the person claims to be a thing that falls within an exemption or privilege granted under this Act in respect of the postal article.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than 50 penalty units and not exceeding 250 penalty units or to a term of imprisonment for term not less than………..and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Retaining mail bags or postal articles
Plain Language Summary
This provision makes it illegal to fraudulently keep, control, or destroy mail bags or postal items. It also prohibits refusing to hand over these items to Ghana Post when asked. Violators may face fines, imprisonment, or both.
Show Original Legal Text
51. (1) A person shall not
- (a) fraudulently retain, control or destroy; or
- (b) neglect or refuse to deliver when requested to do so by an officer of Ghana Post
any mail bag or postal article in the course of its transmission by post, with the apparent intention of not being delivered to the addressee.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than………. and not more than two years or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Unlawful disclosure of contents of postal article
Related Key Concerns
Plain Language Summary
This provision makes it illegal for anyone without permission from Ghana Post to reveal the contents of mail, unless they are returning it to the sender. Only Ghana Post employees or those with written authorization can disclose what's inside a postal item. Violators could face fines or jail time.
Show Original Legal Text
- (1) Except for the purpose or returning a postal article to the sender, a person shall not without authorisation in writing from Ghana Post, disclose or in any manner make known to any person other than an officer of Ghana Post, the contents of a postal article.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than……….. and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than …………and not more than twelve months or, to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
General penalty
Plain Language Summary
This provision creates a general penalty for any violation of this law that doesn't already have a specific punishment listed. A person who violates the law could face a fine, jail time of up to a year, or both. The exact amount of the fine will be determined by the number of penalty units assigned.
Show Original Legal Text
A person who contravenes or fails to comply with a provision of this Act commits an offence and, where no penalty is expressly provided, shall on summary conviction be liable to a fine of not less than …………penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than …………and not more than twelve months or, to both.
(1) Where a body of persons is convicted of an offence under this Act,
- (a) in the case of a body corporate, every director or officer of that body corporate shall be deemed to have committed that offence; and - (b) in the case of a partnership or a firm, every partner of the partnership or firm shall be deemed to have committed that offence.
(2) A person shall not be deemed to have committed an offence under subsection (1) where the person
- (a) proves that the offence was committed by some other person without the knowledge or connivance of that person; or
- (b) exercised diligence to prevent the commission of that act as the person ought to, having regard to the circumstances.
Miscellaneous Provisions
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Article addressed to deceased person
Plain Language Summary
If a piece of mail is addressed to someone who has passed away, postal services can deliver it to the executor or administrator of the deceased's estate. To receive the mail, the executor or administrator must present legal documents, such as probate or letters of administration, proving they are authorized to manage the deceased's affairs. This process ensures that the deceased person's mail is handled by the appropriate individuals.
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- A postal article addressed to a deceased person may be delivered to the executors or administrators of the estates of the deceased person on presentation of probate or letters of administration.
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Settlement of dispute
Plain Language Summary
This section allows customers to file a complaint with the Commission if they believe a postal licensee has discriminated against them, shown favoritism to others, or applied unauthorized charges. The Commission will investigate the complaint and issue a decision with justification. The Commission is responsible for establishing the procedures for resolving these disputes.
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(1) Any dispute between a customer and a licensee in which it is alleged that the licensee
- (a) has exercised undue discrimination in the provision of a postal service against the customer in respect of charges or terms applied or to be applied; - (b) has shown undue preference to any other person to the detriment of the customer; or - (c) has applied or proposes to apply to the customer any charge related to provision of a postal service which is not authorised under this Act
may be referred to the Commission by either party.
(2) Where a dispute is referred to the Commission, the Commission or a person appointed by the Commission shall determine whether the allegation is well founded and where the allegation is well founded, the Commission or the person appointed by the Commission shall make the determination as considered appropriate together with a statement of reasons for the determination made.
- An act or omission of a licensee which is authorised by any condition
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Establishment of register
Plain Language Summary
This section requires the Commission to create a public register of licenses issued under this law, including details about their conditions, suspensions, and cancellations. Information that is not in the public or commercial interest will not be included. Members of the public can obtain copies of information in the register for a fee.
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(1) The Commission shall establish and keep a register in a form that the Commission determines and shall record in the register
- (a) licences issued under this Act and the conditions for the licences: - (b) licences suspended or cancelled; and - (c) any other information relating to licences that the Commission considers appropriate.
(2) Where it appears to the Commission that entry of any condition in the register would be contrary to the public interest or the commercial interest of any person, the Commission shall not enter that condition in the register.
(3) A person may on payment of a fee, obtain an extract from the register.
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Inspectors
Related Key Concerns
Plain Language Summary
This section allows the Commission to appoint inspectors to ensure the law is followed. These inspectors can enter premises and access relevant documents to check for compliance. Each inspector will have an official identity card with their photo and the Executive Secretary's signature. If someone is no longer an inspector, they must return their identity card to the Commission.
Show Original Legal Text
- (1)The Commission shall appoint inspectors for the effective and efficient implementation of this Act.
(2) An inspector
- (a) may, at all reasonable times and for purposes of this Act or Regulations made under this Act, enter any premises; and
- (b) shall have access to all books, records, returns and any other documents relevant for purposes of this Act or Regulations made under this Act.
(3) The Commission shall issue an inspector an identity card.
(4) The identity card shall include a recent photograph of the inspector and signed by the Executive Secretary.
(5) A person ceases to be an inspector where
- (a) the appointment of the person is revoked; and
- (b) the person resigns or retires from the Commission.
(6) A person who ceases to be an inspector shall immediately return the identity card to the Commission.
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Directions in the interest of national security and international relations
Related Key Concerns
Plain Language Summary
The Commission can instruct licensees to take specific actions if it's important for national security or international relations. Licensees must follow these instructions, even if they conflict with their other responsibilities. If a licensee experiences losses as a result of following these instructions, they may be compensated with parliamentary approval.
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- (1) The Commission may, in consultation with the Minister, give to a licensee,
specific or general direction as the Commission considers necessary or expedient in the interest of
- (b) the international relations with other countries.
(2) The licensee shall give effect to any direction given by the Commission, despite any other duty imposed on the licensee under this Act.
(3) The Minister may, in consultation with the Minister responsible for Finance and with the approval of Parliament, compensate the licensee for loss sustained through compliance with directions given under this section.
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Regulations
Plain Language Summary
This section allows the Minister to create regulations about postal services based on the Commission's advice. These regulations can address issues like compensation for lost mail, prohibited items, handling undelivered items, and other aspects of running the postal service. The goal is to ensure the postal service operates effectively.
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- The Minister, on the advice of the Commission, may by legislative instrument make Regulations
(a) to provide for the payment of compensation for loss or damage in the course of transmission of postal articles including any limit to the amount payable;
(b) to prohibit the transmission by post of articles not proscribed under section 38;
(c) for the detention, disposal or destruction of postal articles the transmission of which is prohibited under this Act;
(d) for the safe keeping pending further action of valuable or saleable enclosures found in postal articles lawfully opened under this Act;
(e) prescribing the period within which undelivered postal articles shall be returned to the sender;
(f) to provide for the publication of a list of undelivered postal articles;
(g) to amend the Schedule to this Act;
(h) to provide for the manner in which undelivered postal articles shall be finally disposed of; and
(i) generally, for the effective and efficient implementation of this Act.
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Interpretation
Plain Language Summary
This section defines the key terms used in the Act to ensure clarity and consistent interpretation. It covers terms related to postal services, courier services, logistics, electronic commerce, and the various entities and objects involved, such as "Commission," "Ghana Post," "courier service," "mail," and "postal article." These definitions are essential for understanding the specific meaning of these terms within the context of the law.
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- In this Act unless the context otherwise requires
- "Commission" means the Postal, Courier and Logistics Commission established under section 1;
' person' refers to natural and artificial persons;
- "Ghana Post" means the Ghana Post Company Limited registered under the Companies Act 2019 (Act 992);
'logistics service' means a service for the movement and delivery of goods;
'courier and logistics aggregators' mean entities that facilitate courier and logistics services through independent third-party courier and logistics service providers and through a digital platform.
'electronic commerce' means the exchange of information or data or the sale or purchase of goods or services between individuals, businesses, governments or public or private organizations, conducted over the world wide web (internet) using computer-mediated networks such as desktop and laptop computers, tablets, smartphones and other smart devices.
'payment collection' means the processing of payments from customers for goods delivered to the customers;
'reverse logistics' refers to the process of managing the return of a package after it has been delivered to the customer.
"inspector" means an inspector appointed for the Commission under section 58;
"letter" means any communication in writing directed to a specified person or address;
"licence" means an authorisation granted by the Commission under sections 13 and 15 (2) of this Act for the provision of postal service;
"licensee" means a person to whom a licence is granted under this Act;
"mail" includes little articles collected for conveyance by post, loose articles and a mail bag or conveyance of any kind by which articles are carried whether or not the bag or conveyance contains postal articles;
"mail bag" includes any container, bag, parcel, basket, envelope or other covering in which postal articles are conveyed whether or not it contains postal articles;
"Minister" means the Minister responsible for Communications;
"money order" means a money order issued by a licensee for payment;
- "post" means any system for the collection, despatch, or conveyance of postal articles;
"post office" includes ………………………………………
(a) a house, building, room, vehicle place or structure where postal articles are received, sorted, delivered, made up or dispatched or which is used for any other postal purpose in connection with the rendering of any postal money transfer or other services by Ghana Post; and
(b) a pillar box or any other receptacle provider by or under the authority of Ghana Post for the reception of postal articles;
"postage stamp" includes a label or stamp for denoting postage or other sum payable in respect of a postal article and which is an adhesive stamp, printed, impressed or otherwise indicated on a postal article whether the stamp is issued under this Act or by the government of any other country; and
"postal article" includes a letter, postcard, reply postcard, lettercard, newspaper, book, packet, printed paper, pattern or sample packet, small packet or parcel and every other packet article when in course of conveyance by post and includes a telegram when conveyed by post.
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Repeal and savings
Plain Language Summary
This provision replaces the old law governing postal and courier services. Regulations and authorizations already in place under the old law will remain valid until the new commission reviews them. Existing Ghana Post licenses will also be recognized under the new law.
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- (1) The Postal and Courier Services Regulatory Commission Act, 2003 (Act 649) is repealed.
(2) Despite the repeal of Act 649 in subsection (1), any Regulations, authorisation, order, rule or instructions made or done under the repealed enactment and in force immediately before the coming into force of this Act shall continue to have effect as if made or done under this Act until the Regulations, authorisation, order, rule or instruction is revoked, reviewed, cancelled or terminated.
(3) A licence granted by Ghana Post which is in force prior to the coming into force of this Act is deemed to have been granted under this Act by the Commission.
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Transitional provisions
Plain Language Summary
This provision transfers all assets, rights, and responsibilities of the old Postal and Courier Services Regulatory Commission to the new Postal, Courier and Logistics Commission. Existing contracts with the old commission will remain valid with the new commission. Employees of the old commission will be transferred to the new commission with no reduction in their terms and conditions of employment. This ensures a smooth transition and continued operation of postal and courier services regulation.
Show Original Legal Text
- (1) The assets, rights and liabilities of the Postal and Courier Services Regulatory Commission established under Act 649 and in force immediately before the coming into force of this Act are transferred to the Postal, Courier and Logistics Commission established under this Act and accordingly proceedings taken by or against the Postal and Courier Services Regulatory Commission may be continued by or against the Postal, Courier and Logistics Commission established under this Act.
(2) A contract subsisting between the Commission established under Act 649 and another person and in effect immediately before the coming into force of this Act shall subsist between the Commission established under this Act and that other person.
(3) A person in the employment of the Commission established under Act 649 immediately before the coming into force of this Act shall, on the coming into force of this Act, be deemed to have been duly employed by the Commission established under this Act on the
POSTAL SERVICES EXCLUSIVE TO GHANA POST
(Section 25,26 and 60)
- Sole authority to convey letters, postcards, printed matters, small parcels and other postal articles of a weight up to and including one hundred grams.
Printing and selling of postage and commemorative stamps.
Printing and selling of Postal Order and Money Order.
SCHEDULE
APPLICATION FOR LICENCE
(Section 22)
- Sole
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