|
IN exercise of the powers
conferred on the Provisional
National Defence Council by
subsection (2) of section 6 of the
Chieftaincy Act, 1971 (Act 370)
this Instrument is made this 12th
day of August, 1987.
The Chieftaincy (Membership of
Regional Houses of Chiefs)
Instrument, 1974 (L.I. 991) as
amended, is hereby further amended
by the insertion immediately after
“Omanhene of Tepa” appearing in
subparagraph (1) (a) of paragraph
1 of the following new Chiefs—
“Omanhene of Offoase
Omanhene of Bompata
Omanhene of Asankara.”
E. G. TANOH
P.N.D.C. Secretary for Chieftaincy
Affairs
Date of Gazette Notification: 11th
September, 1987.
IRRIGATION DEVELOPMENT AUTHORITY
REGULATIONS, 1987 (LI 1350).
IN exercise of the powers
conferred on the Board of the
Irrigation Development Authority
by section 20 (1) of the
Irrigation Development Authority
Decree, 1977 (S.M.C.D. 85) and
with the prior approval of the
Provisional National Defence
Council, this Instrument is made
this 21st day of July, 1987.
Regulation 1—Project Management.
(1) There shall be established on
each Irrigation Project a body
known as the Project Management
hereafter referred to as the
“Management”.
(2) The Management shall ensure
the implementation of the policies
of the Irrigation Development
Authority relating to the Project.
(3) The Management shall consist
of the Technical Heads of the
various departments established
under these Regulations and two
representatives of the Farmers’
Association of the Project.
Regulation 2—Project Manager.
There shall be a Project Manager
who shall be appointed by the
Authority and who shall be in
charge of the management of each
Project.
Regulation 3—Staff of the Project.
(1) The Authority shall appoint
the employees of the Project.
(2) The Authority may in
consultation with the Management
engage the services of consultants
for the Project.
(3) The employees and the
consultants shall be engaged on
such terms and conditions as the
Authority shall determine.
Regulation 4—Land Allocation
Committee.
(1) There shall be established by
the Authority for each Project a
Land Allocation Committee.
(2) The Land Allocation Committee
shall consist of —
(a) the District Secretary who
shall be the Chairman;
(b) a representative of the Chief
Executive of the Authority;
(c) the Project Manager;
(d) a representative of the
Traditional Council within the
area;
(e) a representative of the
District C.D.R.; and
(f) two representatives of the
Farmers’ Association of the
Project.
(3) The Project Manager shall act
as Secretary to the Land
Allocation Committee.
Regulation 5—Functions of Land
Allocation Committee.
(1) The Land Allocation Committee
shall allocate land in accordance
with the terms of the Land
Allocation Agreement as specified
in the Schedule to these
Regulations to full-time farmers,
taking into consideration the size
of the farmer’s family.
(2) The Land Allocation Committee
in allocating land to the farmers
shall give priority to farmers—
(i)
who have been displaced as a
result of the construction of the
Project;
(ii) who are resident in the
surrounding villages; or
(iii) who are resident in other
villages and wish to settle near
the Project and accept small
holdings.
(3) The Land Allocation Committee
shall re-allocate land that a
farmer fails to cultivate within
one year.
Regulation 6—Meetings of Land
Allocation Committee.
The Land Allocation Committee
shall meet at such times and
places as the Chairman shall
determine and the Committee shall
regulate its own procedure.
Regulation 7—Report of Land
Allocation Committee.
The Land Allocation Committee
shall within six weeks of every
meeting of the Committee submit to
the Authority a report containing
its recommendations for the
allocation of land to farmers.
Regulation 8—Agricultural
Committee.
(1) There shall be established by
the Authority for each Project and
Agricultural Committee.
(2) The Agricultural Committee
shall consist of the Heads of the
various Technical Departments of
the Management and two
representatives of the Farmers’
Association of the Project.
(3) The Manager shall be the
Chairman of the Agricultural
Committee.
Regulation 9—Functions of
Agricultural Committee.
The Agricultural Committee shall—
(g) be responsible for the
planning and implementation of
agronomic practices;
(h) ensure that no person tampers
with irrigation network;
(i)
ensure that farmers—
(i)
use the land for the purpose
specified in the Agreement; and
(ii) do not transfer or sublet
land allocated to them.
Regulation 10—Meetings of
Agricultural Committee.
The Agricultural Committee shall
meet at such times and places as
the Chairman shall determine and
shall regulate its own procedure.
Regulation 11—Farmers Association.
(1) There shall be established by
all the farmers of each Project a
Farmers’ Association (hereafter
referred to as the “Association”).
(2) A person elected by the
members from among themselves
shall be the Chairman of the
Association.
Regulation 12—Functions of
Farmers’ Association.
(1) The Association shall—
(a) represent its members in all
transactions both with private and
government agencies concerning the
Project;
(b) participate in the business of
the Management; and
(c) act as an arbitrator in
disputes involving members of the
Association.
(2) The Association shall with
respect to its administration and
financial management be subject to
the provisions of the Co-operative
Societies Decree, 1968 (N.L.C.D.
252) as if it were a co-operative
registered under that decree.
Regulation 13—Meetings of the
Farmers’ Association.
The Association shall meet at such
times and places as the Chairman
shall determine and shall regulate
its own procedure.
Regulation 14—Water Management.
(1) The distribution of water for
irrigation through the irrigation
system shall be carried out by the
water Bailiffs appointed by the
Manager from among the staff of
the Management.
(2) The farmers shall—
(a) close or open inlets to their
plots as directed by the Water
Bailiffs; and
(b) report any damage to the
irrigation installation to the
Manager or Water Bailiffs.
Regulation 15—Farming Operation.
(1) The Manager shall—
(a) instruct the farmers in
scientific methods of farming; and
(b) supply farm inputs to the
farmers when such inputs are
available.
(2) Every farmer shall—
(a) pay for farm inputs when
supplied;
(b) be charged some tenancy fee as
shall be determined by the
Authority in respect of land
allocated to him; and
(c) be charged such fees as may be
determined by the Authority for
the water provided for irrigation,
the services of the project
personnel and maintenance of the
Project installation.
(3) The farmers shall sell a
percentage of their produce, which
will be estimated to repay loans
obtained from the local banks, to
the Government.
Regulation 16—Disciplinary
Committee.
(1) There shall be established by
the Management a Disciplinary
Committee of the Project.
(2) The Disciplinary Committee
shall consist of five elected
senior members of staff of the
Management and two elected
representatives of the
Association.
(3) The Manager shall be the
Chairman of the Disciplinary
Committee.
Regulation 17—Functions of
Disciplinary Committee.
The Disciplinary Committee shall
investigate any infringement or
alleged infringement of the terms
of the Agreement and impose the
appropriate penalty when
necessary.
Regulation 18—Meetings of
Disciplinary Committee.
The Disciplinary Committee shall
meet at such times and places as
the Chairman shall determine and
shall regulate its own procedure.
Regulation 19—Appeals Committee.
(1) There shall be established by
the Authority in respect of each
Project an Appeals Committee.
(2) The Appeals Committee shall
consist of—
(a) the Chairman of the Board;
(b) the Chief Executive of the
Authority; and
(c) the Deputy Chief Executive of
the Authority.
Regulation 20—Appeal.
The Appeals Committee shall
consider cases of appeal arising
out of the decisions of the
Disciplinary Committee.
Regulation 21—Meetings.
The Appeals Committee shall meet
at such times and places as the
Chairman shall determine and shall
regulate its own procedure.
Regulation 22—Funds of the
Project.
(1) The Authority shall provide to
the Project as working capital and
as money required for carrying out
its functions such sums as the
Authority may determine through
its annual budget.
(2) The funds of the Project
shall include revenue accruing to
it from its operations.
Regulation 23—Annual Report.
Every Manager shall not later than
three months after the end of each
financial year submit to the
Authority—
(a) an annual report on the
activities of the Management
during the preceding year; and
(b) detailed estimates of its
revenue and expenditure for the
next financial year.
Regulation 24—Internal Auditor.
(1) The Management of every
Project shall have an Internal
Auditor.
(2) The Internal Auditor shall—
(a) be responsible to the
Authority for the performance of
his duties;
(b) at intervals of three months
prepare a report on the internal
audit carried out by him during
the period of three months
immediately preceding the
preparation of the report and
submit the report to the
Authority;
(c) make in each report such
observation as appear to him
necessary as to the conduct of the
financial affairs of the
Management during the period to
which the report relates; and
(d) send a copy of each report
prepared by him to the Authority.
Regulation 25—Accounts.
(1) The Management of every
Project shall keep proper books of
account and proper records in
relation thereto and the account
books and records of the
Management shall be in such form
as the Auditor-General may
approve.
(2) The financial year of the
Management shall end on the 31st
day of December in each year.
(3) The books and accounts of the
Management shall each year be
audited by the Auditor-General.
(4) The Auditor-General shall
forward a copy of the report to
the Authority within three months
at the end of each financial year.
Regulation 26—Penalty.
(1) Any person who—
(a) tampers with irrigation
network; or
(b) acts in breach of any of the
terms of the Agreement;
shall be reliable to a pecuniary
penalty of not less than five
hundred cedis or to expulsion from
the Project or suffer both the
penalty and the expulsion.
Regulation 27—Interpretation.
In these Regulations unless the
contest otherwise requires—
“Agreement” means the Land
Allocation Agreement set out in
the Schedule to these Regulations;
“agronomic practices” includes
land preparation, distribution of
inputs, pest and disease control;
“Authority” means the Irrigation
Development Authority;
“Board” means the Board of the
Irrigation Development Authority;
“farm inputs” include seeds,
fertilizers, pesticides, and
machine services;
“irrigation network” includes
plots, structures, roads,
waterways, canals, drains and
embankments;
“Manager” means the Project
Manager; and
“Project” means an Irrigation
Project which has been established
by the Irrigation Development
Authority on public land to
utilize modern cultivation methods
and cropping patterns with
available water resources for
intensive food production.
SCHEDULE
IRRIGATION DEVELOPMENT AUTHORITY
LAND ALLOCATION AGREEMENT
THIS AGREEMENT IS MADE
this..……..day of…..……………,
19……between the Irrigation
Development Authority, a body
incorporated under the laws of the
Republic of Ghana (hereinafter
referred to as the Authority)
and……………………………………………………………………(name
and address of farmer) hereinafter
referred to as the Farmer).
WHEREAS THE AUTHORITY is the
custodian of the land and owner of
the installations of
the…………………………………..(name of the
Project) Irrigation Project
(hereinafter referred to as the
Project).
WHEREAS the Authority has in
accordance with the policy of the
Government developed the Project
for intensive irrigated
agriculture;
WHEREAS the Authority has divided
the Project into plots for
allocation to farmers who have
been found suitable by the Land
Allocation Committee; and
WHEREAS the Farmers named herein—
(i)
has been found by the Land
Allocation Committee to be a
suitable person;
(ii) has declared his willingness
to participate in the Project;
(iii) has agreed to abide by the
provisions of this Agreement;
NOW IT IS HEREBY AGREED AS
FOLLOWS:
PART I—PLOTS
1. The Farmer shall cultivate
plot………………(insert in block number,
acreage and other relevant
information) allocated to him by
the Land Allocation Committee.
2. The Farmer shall cultivate the
plot according to the instructions
of the Project Manager.
3. The Farmer shall have the right
to cultivate the plot for as long
as he complies with the provisions
of this Agreement.
4. The Farmer shall be liable for
any damage that he or his agent
may cause on the Project.
PART II—RENT AND FEES
5. The Farmer shall pay the
Authority’s annual basic charge of
¢………….. to the Authority.
6. The Farmer shall pay a fee of
¢……………per acre per season for the
irrigation facilities.
7. The Authority shall determine
the amount and the time for the
payment which shall be subject to
review from time to time.
PART III—SERVICES
8. The Authority shall endeavour
to supply the Farmer with farm
services and inputs but the
Authority shall not be liable if
for any unforeseen circumstances
it is unable to provide any of
these services and inputs.
9. The Authority shall determine
the availability, quantity and
quality of the services and
inputs.
10. The Authority shall endeavour
to guarantee the quality and
quantity of water supply to the
Farmers.
PART IV—DURATION AND TERMINATION
11. This Agreement shall be valid
for five years and may thereafter
be renewed for a further period of
five years on terms to be
determined by the Authority.
12. The Farmer may terminate this
Agreement by giving two months
written notice to the Authority.
13. The Authority may terminate
this Agreement only upon the
adverse findings against the
Farmer by the Disciplinary
Committee or the Appeals
Committee.
14. In the case of illness or
death of a Farmer the Authority
shall consider the best interest
of his family when re-allocating
the plot.
PART V—DISPUTE
15. Any dispute arising out of
this Agreement shall be referred
to the Disciplinary Committee.
16. Any person aggrieved by the
decision of the Disciplinary
Committee may appeal to the
Appeals Committee.
IN WITNESS WHEREOF the Authority
has caused the hand and seal of
its lawfully authorized
representative and the Farmer has
caused his hand and seal hereunto
the day and year written above.
SIGNED, SEALED AND DELIVERED
by the Chief Executive or his
authorized ………………………………….
representative for the
AUTHORITY
PROJECT MANAGER
in the presence
of
for Chief Executive
………………………………………….
………………………………………….
Name and address of witness
SIGNED, SEALED AND DELIVERED
…………………………………
by the FARMER in the presence
of
Farmer
………………………………………….
………………………………………….
Name and address of witness
MR. KOFI FRIMPONG (Chief
Executive, Irrigation Development
Authority, Accra.
Chairman
MR. MAXWELL AUGUSTINE KODJO AFERA
(Deputy Chief Executive
(Agronomy), Irrigation Development
Authority, Accra.
Member
MR. BEN OWUSU-AMO, Principal
Accountant, Irrigation Development
Authority, Accra.
Member
MR. FRED HUGHES (C.D.R.),
Irrigation Development Authority,
Accra. Member
MR. HARRY APPIAH, Senior Officers
Welfare Association, Irrigation
Development Authority
Accra.
Member
MR. CHRISTIAN NTOW (TUC),
Irrigation Development Authority,
Accra. Member
Date of Gazette Notification: 11th
September, 1987. |
