LAWS OF GOLD COAST

CONCESSIONS ORDINANCE, 1951 (CAP 136)

As amended

ARRANGEMENT OF SECTIONS

Section

PART I—PRELIMINARY.

1. Short Title and Application.

2. Interpretation.

3. Grant of Rights in Land, etc., by native to non-native to be in writing.

4. Every Concession to be subject to Ordinance unless excluded by this Section or Section 49 or 50.

5. Power of President to make regulations

PART 2—ENQUIRIES INTO CONCESSIONS AND GRANTING OF CERTIFICATES OF VALIDITY.

6. Jurisdiction of Court.

7. Unvalidated Concessions and Court Proceedings.

8. Filing of Notice of Concession.

9. Procedure where Concession is assigned prior to issue of Certificate of Validity.

10. Provision in Case of delay in prosecuting Concession enquiries.

11. Publication and service on grantors of Notice of Concession.

12. Concessions in Ashanti.

13. Concession duly valid under certain conditions.

13A. Forest reserves and Timber Concessions.

14. Time for Enquiry: Opposition.

15. Power to Modify Concessions and Impose Conditions.

16. Intervention by Attorney-General.

17. Certificate of validity and Registration of same.

18. Requisites of Certificates of Validity.

19. Powers of Court when Concession found invalid.

20. Order for Cadastral Plan.

21. Period for which Certificate of validity valid.

22. Area for which Concession valid.

23. Construction of terms "Person" and "Corporation".

24. Burden of proof to lie on applicant.

25. Cancellation of Concession in certain cases.

26. Power to Court to cancel Concessions in certain other cases.

27. Payments after 3 Years from date of Certificate of Validity of Mining Concession.

27A. Payments after 5 years if Mining Operations have not commenced.

28. Special Provision with respect to Mineral Concessions.

29. Mineral Oil.

30. Restrictions on exercise of rights with respect to Timber or Trees.

PART 3—CERTIFIED CONCESSIONS.

31. Instruments of Transfer etc., to be Registered under Cap. 133 Liable to Stamp Duty.

32. Effect of Certificate of validity.

33. Notice of Termination of Rights to be given to Registrars.

34. Variation of Certificate of validity.

35. Rents to native in respect of Concession to be paid to Accountant-General.

PART 4—PROSPECTING AND MINING.

36. Prospecting Licences.

37. Mining Licences.

38. Digging Licences.

39. Report of Mining Operations.

PART 5—MISCELLANEOUS.

40. Interference by Concessionaire with Railways, Public Land, etc., prohibited.

41. Restriction on declaration of Land affected by a Concession to be Fetish Land.

42. Appointment of Attorney.

43. Government Officers prohibited from acquiring rights in Concession.

44. Powers of President over Land in respect of which Certificate of Validity granted.

45. Fees and expenses recoverable by action.

46. Lapse of Concessions.

47. Penalties to be recovered in name of Attorney-General.

48. Burden of proof under Sections 36, 37 and 38.

49. Repeal and saving Clause.

50. Exemptions of certain rights.

50A. Modification of Cap 136 and 157

50B. Modification of existing enactments.

SCHEDULE

Form A

Form B

Form C

Form D

Form E

Ordinance Nos. 19 or 1939, 9 of 1941, 35 of 1942, 28 of 1943, 25 of 1946, 32 of 1950, 53 or 1950.

AN ORDINANCE TO MAKE PROVISION FOR THE REGULATION OF THE GRANTING OF RIGHTS WITH RESPECT TO LAND BY NATIVES, AND FOR PURPOSES CONNECTED THEREWITH.

Date of Commencement: [15th May, 1939.]

PART I—PRELIMINARY.

Section 1—Short Title and Application.

This Ordinance may be cited as the "Concessions Ordinance." and shall apply to the Colony and Ashanti.

Section 2—Interpretation.

In this Ordinance—

"Concession" means any instrument whereby any right, title or interest in or to land, or in or to minerals,* timber, rubber, or other products of the soil in or growing on any land or the option of acquiring any such right, title or interest purports to be granted or demised by a native, but does not include an assignment or sub-demise of the whole or any part of the rights granted by any concession  [As amended by Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955), s. 2].

"Cadastral Plan" means a map or plan purporting to show boundaries of land with accuracy, and giving exact measurements by which the boundaries may be demarcated or redemarcated on the ground, such map or plan being made in conformity with the result of a survey carried out by an Official Surveyor or Licensed Surveyor and requiring,when made by a Licensed Surveyor to be certified by him, and requiring, whether made by an Official Surveyor or Licensed Surveyor, to be approved by the Director of Surveys or any person appointed by him for that purpose;

"Court" means the Supreme Court;

"Grantor" unless the context otherwise requires means either the original grantor of the concession or his successor in title;

"Holder" of a concession includes any person holding or claiming to be entitled to exercise any rights in or over land, or in or to minerals, metals, precious stones, timber, rubber, or other products of the soil in or growing on any land granted or demised under such concession by the native grantor; and such person shall be deemed to hold a concession, whether he has acquired such right by grant or demise from a native or by any assignment thereof;

"Land" includes land which forms the bed of any river, stream, lake or lagoon;

"Minerals" includes any mineral oil;

"Mining" includes any operations for winning or obtaining minerals, metals or precious stones;

"Native" subject to the proviso in section 3, includes all persons of African birth who are entitled by native custom to rights in land in the Gold Coast;

"Prospect" means to search, seek or explore minerals, metals, precious stones, timber or other products of the soil;

Cap. 4.

"Rule" means a rule made under section 119 of the Courts Ordinance, for the purpose of proceedings under this Ordinance;

"Accountant-General" includes any officer appointed by the President to perform any act or duty or to exercise any authority which by this Ordinance may be done by or is imposed on or may be exercised by the Accountant-General; and[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), sch.]

"The Gold Coast" means the Colony and Ashanti.

Section 3—Grant of Rights in Land, Etc., by Native to Non-Native to be in Writing.

(1) Any agreement whereby any right, interest, or property in, to or over land, in or to minerals, metals, precious stones, timber, rubber or other products of the soil in or growing on any land, or the option of acquiring any such right, interest or property, purports to be granted by a native to a person who is not a native, shall be void unless it is in writing:

Provided that for the purposes of this section the word "native" shall bear the meaning attached to it in section 2 of the Courts Ordinance.

(2) No instrument executed after the commencement of the provisions of this subsection shall have the effect of granting or demising any right, title or interest in or to land in respect of minerals, timber, rubber or other products of the soil in growing on that land or the option of acquiring any such right, title or interest except in so far as such grant or demise shall contain express words granting or demising such right, title or interest or option thereon[As inserted by The Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955), s.3]

Section 4—Every Concession to be Subject to Ordinance unless excluded by this Section or Section 49 or 50.

(1) Subject to the provisions of this section and of sections 49 and 50 every concession shall be held to be under and subject to the operation of this Ordinance:  Provided that the President may from time to time by Order exclude from the operation of the Ordinance or any part or provisions thereof subject to any conditions which he may impose—

(a) any portion of the Gold Coast;

(b) any class of concession.[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), sch.]

(2) The following classes of concession shall be executed from the operation  of the provisions of this Ordinance to the extent provided in subsection (3) of this section—

(a) concessions in respect fo land situated wholly within the boundaries of a municipal council constituted under the provisions of the Municipal Councils Ordinance, 1953, or the boundaries of a town to which the Towns Ordinance applies, or

(b) concessions in respect of land not exceeding five acres in area granted or demised to a person who is not a native, or

(c)  concessions in respect of land not exceeding twenty-five acres in area granted or demised to a native, or

(d) concessions granted or demised for charitable purposes which do not confer any right, title or interest in or to minerals or any option thereon, or

(e)  concessions in respect of land not exceeding three square miles in area whereby a right, title or interest in or to timber only is granted or demised to a native for a period not exceeding three years from the date on which the grant or the demise takes effect and of which registration has been effected under the provisions of the Land Registry Ordinance within the two months immediately following such date:

Provided in respect of the classes of concessions set out in paragraphs (b), (c) and (e) except where such concession is in respect of land within a town or village, the person to whom the grant of demise of such right, title or interest is effect is not entitled to any such right, title or interest in or to other land any portion of which is less than half of one mile in distance from any portion thereof.

(3)  A concession falling within the classes referred to in paragraphs (a) to (d) of subsection (2) of this section shall be excluded from all the provisions of this Ordinance other than subsection (2) of section 3 and a concession falling within the class referred to in paragraph (e) of subsection (2) of this section shall be excluded from all the provisions of this Ordinance other than subsection (2) of section 3 and sections 12, 30 and 35:

Provided that a holder of any such concession may at any time, if he shall so desire file a notice as specified by subsections (2) and (3) of section 8 of this Ordinance in the Court having jurisdiction to enquire into the concession and thereupon—

(a) in respect of a concession within the classes referred to in paragraphs (a) to (d) of subsection (2) of this section, the provisions of this Ordinance other than subsection (1), (4) and (5) of section 8, sections 9, 10 and 12, subsections (4) to (11) of section 13, sections 21, 35, 42, 43 and 46 of the Ordinance shall apply to such concession; and

(b) in respect of a concession within the class referred to in paragraph (e) of subsection (2) of this section the provisions of this Ordinance other than the provisions of subsection (1), (4) and (5) of section 8, sections 9 and 10, subsections (4) to (11) of section 13, sections 21, 42, 43 and 46 of the Ordinance shall apply to such concessions.

(4) Where, by an Order made under subsection (1) of this section exempting a class of concession from the provisions of this Ordinance requiring a notice to be filed in accordance with section 8 of this Ordinance, a right to file such a notice was or is given and such right has been exercised in respect of a concession so exempted only the provisions of this Ordinance other than those which do not apply to concessions under subsection (3) of this section shall apply thereto.[As inserted by the Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955), s. 4]

Section 5—Power of President to make Regulations.

(1) The President shall have power to make, alter or revoke regulations* —

(i) with respect to the keeping of accounts, and other records for the purpose of showing the amount and value of the minerals, metals, precious stones, timber, rubber, or other products of the soil obtained from any land the subject of any concession, and for prescribing the form of such accounts and records, and for the transmission of such accounts and records to the President or any officer nominated by him;[As amended by the Constitution (Consequential Provision) Act, 1960 (C.A. 8), sch.] 

(ii) with respect to the time and manner in which any fees, duties, royalties, rents or other payments made under the provisions of this Ordinance are to be assessed, received, or paid;

(iii) with respect to the registration of instruments required to be registered under section 31, the conditions under which prospecting and mining licences shall be granted and the appointment of attorneys under section 42;

(iv) with respect to the procedure to be followed in the acquisition of concessions;

(v) with respect to the surveying, demarcation, and maintenance of the boundaries of concessions;

(vi) regulating the issue of prospecting licences and digging licences, and appointing the authority or authorities for issuing the same; (Amended by 32 of 1950, s.2.)

(vii) generally for the more effectual carrying out of the provisions of this Ordinance.

Penalties

(2) Penalties may be prescribed by regulations made under subsection (1) of this section for offences against such regulations to a limit of a fine of fifty pounds or a term of imprisonment not exceeding six months. (Subsection added by 53 of 1950, s.2.)

PART 2—ENQUIRIES INTO CONCESSIONS AND GRANTING OF CERTIFICATES OF VALIDITY.

Section 6—Jurisdiction of Court.

The Court shall have power, jurisdiction, and authority to enquire into and certify as valid or invalid any concession, except so far as otherwise provided in this Ordinance, and shall exercise such power, jurisdiction and authority subject to and in accordance with the provisions of this Ordinance. Subject to the provisions of this Ordinance, the Courts Ordinance shall be read and construed with this Ordinance, and every proceeding in the Supreme Court under this Ordinance shall be a "matter" within the meaning of the Courts Ordinance. The power of making, altering, or revoking rules given by section 119 of the Courts Ordinance shall extend to the making, altering or revoking of rules for the purposes of proceeding in the Supreme Court under this Ordinance and for striking out at any stage, enquiries which are not duly prosecuted.

Section 7—Unvalidated Concessions and Court Proceedings.

No proceedings shall, without the leave of the Court, be taken to give effect to any concession unless such concession has been certified as valid by the Court.

Section 8—Filing of Notice of Concession.

(1) Notice of every concession shall within two months of the date thereof be filed in the Court having jurisdiction to enquire into the concession by the person claiming to be entitled to the benefit thereof (hereinafter called the claimant).

Form A. Schedule.

(3) The notice shall be in Form A of the Schedule and shall contain the particulars specified in the said form and together with the said notice there shall be delivered a plan of the land comprised in such concession which shall be prepared in accordance with any regulations from time to time made under section 5.

(4) The claimant shall also file within the said period of two months such other documents (including a copy of the concession) or duly certified copies thereof as he relies upon in respect of his right to the concession and together with any such documents there shall be filed a list of such documents in such form as may be provided by rule: Provided that the filing of any such copies shall not be deemed to render unnecessary the due production at the enquiry into any concession or at the trial of any questions relating thereto of the original document so relied upon.

(5) Every concession, in respect of which compliance has not been made with the provisions of this section, shall on the expiration of two months after the date of the concession, become null and void and all rights of the claimant with respect to the concession shall thereupon determine absolutely:

Provided that the Court may in its discretion for good cause shown, and upon such terms as to it seems fit, extend the said period of two months for one or more terms not exceeding in all four months.

Such extension of time may be ordered notwithstanding that the said period of two months or any further time allowed by the Court under this subsection has expired; but no such order shall have effect after six months from the date of the concession.

Section 8A—

(1)  Where prior to the commencement of this section a concession which was executed for charitable purposes has become null and void by reason of failure to comply with the provisions of section 8 of the principal Ordinance, the instrument shall subject to the provisions of subsection (2) of this section have effect and be deemed always to have had effect to grant or demise such right, title or interest as would have been granted or demised thereby if the principal Ordinance had not been in force:

Provided that such right, title or interest shall be subject to any conflicting right, title or interest relating to the land, in respect of which the concession was granted or demised which was acquired subsequent to such grant or demise but before the enactment of this Ordinance by a purchaser for value in good faith.

(2) Any instrument referred to in subsection (1) of this section shall not, notwithstanding any provision therein to the contrary, have the effect of passing any right, title or interest in or to minerals or to mine and such right, title or interest shall be vested in the grantor or his successions in title.[Inserted and to be cited as Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955), s.8] 

Section 9—Procedure where Concession is Assigned Prior to Issue of  Certificate of Validity.

(1) Where a concession is assigned prior to the issue of the certificate of validity referred to in section 17, the assignee shall within three months of the date of execution thereof file with the Registrar of the Court having jurisdiction to enquire into the concession, short particulars of the assignment and shall within four months of the said date file with the  Registrar a true copy of the instrument of assignment. The Registrar shall forward such short particulars to the grantor and to the Commissioner of Lands and the Commissioner of Lands shall cause the same to be published in the Gazette.

(2) The provisions of section 31(3) shall apply to any person failing to comply with any of the provisions of this section, and it shall be lawful for the Court, in its discretion, to refuse the issue of a certificate under section 17 or, upon the application of the Attorney-General, to revoke any certificate already issued in respect of any concession the holder of which by assignment has failed to comply with the provisions of this section. (Added by 35 of 1942, s.2.)

Section 10—Provision in Case of Delay in Prosecuting Concession Enquiries.

(1) Every concession other than an option, in respect of which compliance has been made with section 8 of this Ordinance, shall nevertheless on the expiration of two years from the date of such concession become null and void and all rights of the claimant with respect to such concession shall thereupon determine absolutely unless before the expiration of the said  period of two years the claimant has—

(a) taken and completed all the necessary intermediate steps (including the making of cadastral plan of such concession where such has been ordered to be made);

(b) produced evidence that the Minister responsible for lands is satisfied as to the matters mentioned in paragraph (10) of section 13 of this Ordinance; and

(c) made final application to the Court for the grant of a certificate of validity:

Provided that if within such period of two years specified in this subsection an application has been lodged with the Minister responsible for lands for the extension of the period so specified, the specified period shall be thereby extended to two years and four months.

(2) On application made under the proviso to subsection (1) of this section and notwithstanding that the concession purports to confer rights over an area in excess of the limits prescribed by subsection (1) of section 22 of this Ordinance and that no Order authorising such holding has been made under paragraph (b) of the proviso to subsection (2) of section 22 of this Ordinance, the said Minister may in his discretion before the expiration of such period of two years and four months by Order extend by any length the period specified in the proviso to subsection (1) of this section.

(3) Where the period of validity of a concession has been extended under the provisions of this section of this Ordinance it shall be lawful for the said Minister on application made to him, not later than four months immediately prior to the date upon which the concession will become null and void, further to extend the period of validity of the concession from time to time.[As amended by Concessions (Amendment) (Colony and Ashanti) Cap 136, s. 3]

(4) So far as practicable no extension under the provisions of subsections (2) or (3) of this section shall be granted without the grantor being afforded an opportunity of submitting such representations as he may think fit for consideration by the said Minister.

(5) Any Order made by the President or by the said Minister under the provisions of this section of this Ordinance, prior to the enactment of this provision, granting an extension of the period of validity of a concession to which such section applied shall be deemed to be and to have been lawfully made if the application therefor was made prior to the expiry of such concession notwithstanding that the Order was made after the expiration thereof.[As substituted by the Concession (Amendment) Ordinance 1953 (Cap 136A) s.3(b) and further amemded by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), sch. ]

(6) Every option shall become null and void and the rights of the holder shall thereupon determine absolutely—

(a) on the expiration of one year from the date of the grant of any option in respect of timber, but subject to the power of the President, in his absolute discretion, to grant an extension for a period not exceeding one year in any case where the Chief Conservator expressly so recommends;[As amended by Constitutional (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

(b) on the expiration of three years from the date of any option other than one in respect of timber. (Subsection substituted by 25 of 1946, s.2.)

Section 11—Publication and Service on Grantors of Notice of Concession.

(1) When compliance has been made by the claimant with the provisions of subsections (1), (3) and (4) of section 8 the Court shall—

(a) cause notice in the form provided by Rule of the filing of the notice of the concession and a print of the plan referred to in subsection (3) of section 8 to be published in the Gazette and affixed in every Divisional Court;

(b) cause notice in the form provided by Rule to be served on the grantor, and where there are several grantors, on one or more of them, and on the chiefs and other persons (if they are known and can after reasonable search be found) owning or occupying land contiguous to that comprised in the concession and also on any other person as the Court may direct.

(2) The claimant shall be required to pay before the hearing of the enquiry into a concession the cost of any service effected under paragraph (b) of subsection (1): Provided that after the hearing of such enquiry the Court may make an order with regard to the payment of such costs as to the Court may seem just.

Section 12—Concessions in Ashanti.

(1) Any person desiring to obtain a concession in respect of an area of land of which either the whole or the greater part is situate in Ashanti shall make application to the chief or chiefs concerned for the grant of such concession and the chief or chiefs concerned may grant such concession.

(2) Any person who has made application as aforesaid (hereinafter called the applicant) shall give notice in writing to the Chief Commissioner of Ashanti of such application.

(3) Upon receipt of any such notice the Chief Commissioner of Ashanti shall instruct the chief or chiefs concerned to appear before him or before a District Commissioner, and the Chief Commissioner or District Commissioner shall ascertain from them, in the presence of the applicant or his agent whether they are willing to grant the concession applied for, and shall make such other enquiries touching the grant of the concession as he shall consider necessary, and shall arrange with the applicant or his agent in the presence of the chief or chiefs concerned the sum which should be paid annually in consideration of the concession.

(4) The terms of the agreement reached between the applicant and the chief or chiefs concerned after the aforesaid appearance before the Chief Commissioner or District Commissioner shall be embodied by the applicant in a concession which shall contain full particulars of the boundaries and which shall be executed by the interested parties in the presence of the Chief Commissioner or a District Commissioner, and the Chief Commissioner or the District Commissioner before whom any such interested party executes such concession shall certify to the due execution of such concession by such party.

Section 13—Concession Duly Valid under Certain Conditions.

No concession shall be certified as valid—

(1) unless made in writing and duly executed by the grantor or some person duly authorised by him;

(2) unless the Court is satisfied that the proper persons were parties to the concession and that it may be reasonably presumed that they understood the nature and terms thereof;

(3) if obtained by fraudulent or other improper means;

(4) if made without adequate valuable consideration, regard being had to the circumstances existing at the time of the acquisition of the concession;

(5) unless all the terms and conditions upon which such concession was made, which ought to have been performed, have been reasonably and substantially performed;

(6) unless the Court is satisfied that the customary rights of natives are reasonably protected in respect of cultivation, collection of firewood, and hunting and snaring game;

(7) if it grants or purports to grant rights to collect natural produce, other than timber, to the exclusion of natives;

(8) if it grants or purports to grant rights to remove natives from their habitations within the area of such concession;

(9) unless the Court is satisfied that the customary rights of natives are reasonably protected in respect of fetish lands;

(10) unless it is shown that a Minister is satisfied that the financial circumstances of the claimants are such as to ensure that the concession will be sufficiently developed and worked;

(11) unless, in the case of a concession granted in respect of an area of land of which either the whole or the greater part is situate in Ashanti, the concession has been obtained in accordance with the provisions of section 12.

Section 13A—Forest Reserves and Timber Concessions.

All lands referred to in subsection (2) or subsection (4) of section 4 of the Forests Ordinance (Cap. 157) and which have been constituted or proposed to be constituted as forest reserves under that Ordinance and all lands deemed to be constituted as forest reserves under subsection (7) of this section are hereby vested in the President in trust for the stools concerned:

Provided that all rights, customary or otherwise, in such lands validly existing immediately before the commencement of this Act shall continue on and after such commencement subject to this Act and any other enactment for the time being in force.

(2) All lands which in the future shall be proposed to be constituted as forest reserves under the Forests Ordinance (Cap. 157) shall become vested in the President in trust for the stools concerned with effect from the date of the publication of the notice relating to such land and prescribed under section 5(1) of that Ordinance.

(3) Any land, other than land referred to in the preceding subsections, subject to the Administration of Lands Act, 1962 and in respect of which rights have been granted with respect to timber or trees under any concession and in force immediately before the commencement of this Act are vested in the President in trust for the stools concerned, subject to the terms of the concession, this Act and any other enactment for the time being in force.

(4) All rights with respect to timber or trees on any land other than land specified in the preceding subsections of this section are vested in the President in trust fo stools concerned.

(5) It shall be lawful for the President to execute any deed or do any act as a trustee in respect of lands or rights referred to in this section.

(6)  Any revenue from lands or rights vested in the President under this section or derived under subsection (11) shall be collected, paid in and disbursed as provided by the Administration of Lands Act, 1962.

(7)  Forest reserves established under any law relating to local government shall be deemed to be forest reserves constituted under the Forest Ordinance (Cap. 157) and paragraph 27 of Part II of the First Schedule to the Local Government Act, 1961 (Act 54) is hereby rescinded.

(8) The Forest Ordinance (Cap. 157) shall apply mutatis mutandis to any land outside a forest reserve in respect of which rights relating to timber or trees have been or shall be granted.

(9)  Section 30 of the Concessions Ordinance and the Concessions (Timber Restriction) Order, No. 55 of 1939, shall apply mutatis mutandis to all land in Ghana in respect of which rights relating too timber or trees have been or shall be granted.

(10) The Minister may terminate the concession of any holder, if he found guilty of an offence under section 30(4) of the Concessions Ordinance (Cap. 136).

(11)  Any person who has been convicted of an offence under paragraph (1) of section 22 of the Forests Ordinance (Cap. 157) shall, in addition to any other punishment imposed under that section, be liable to pay twice the value of each tree or of the timber which is the subject-matter of the offence.[Inserted and to be cited as Concessions Act, 1962 (Act 124), s.16].

Section 14—Time for Enquiry: Opposition.

No enquiry shall be held as to the validity of any concession before the expiration of three months from the date of filing of the notice of such concession and any person may, subject to the regulations made under section 5 of this Ordinance, enter notice of opposition to the granting of a certificate of validity of such concession:

Provided that—

(i) no opposition on the part of a person who is not a native shall be entertained by the Court unless notice of such opposition has been filed within six months of the date of publication in the Gazette of the notice of the concession under section 11;

(ii) where an order for a survey has been made by the Court under section 20 and the boundaries of the concession have either wholly or in part been cut or demarcated for the purposes of such survey, then no opposition on the part of any native to the granting of a certificate of validity of such concession shall be entertained by the Court unless notice of such opposition has been filed within two months of the cutting or demarcation of such part of the boundaries of the concession as affect the interests of the person entering the notice of opposition. The onus of proving the cutting or demarcation and the date of cutting or demarcation of such part of the boundaries as affect the interests of the person entering opposition shall lie on the holder of the concession.

In this subsection the terms "cut", "cutting," "demarcated" and "demarcation" shall be construed as having the meanings which they respectively bear in a survey practice in the Gold Coast.

Section 15—Power to Modify Concessions and Impose Conditions.

(1) Subject to any conditions contained in an Order by the President made under section 22 (2) (b), it shall be lawful for the Court in its discretion—[As amended by Constitution (Consequential Provision) Act, 1960 (C.A. 8), 2nd sch.]

(a) before deciding that a concession is valid to vary or alter the parties to a concession, or modify the terms of a concession;

(b) to impose such conditions with respect to the issue of any certificate of validity as to the Court shall seem just.

(2) Where any such condition is not duly complied with, it shall be lawful for any person thereby aggrieved, or the Attorney-General, or any person by leave of the Attorney-General, to apply to the Court by motion calling upon the holder of the certificate of validity or his agent or attorney to show cause why such certificate of validity should not be cancelled, and unless good cause is shown to the contrary, it shall be lawful for the Court—

(a) to determine the concession and cancel the certificate of validity and permit the grantor of such concession to re-enter subject to such terms as the Court may deem just; or

(b) to order that the condition be complied with and award damages for the non-compliance therewith; or

(c) to make any other order which to the Court may seem just.

The costs in every case shall be in the discretion of the Court.

Section 16—Intervention by Attorney-General.

A Minister may request the Attorney-General to intervene in any enquiry under this Ordinance into any concession and upon such intervention the Attorney-General shall be for all purposes a party to the proceedings.

Section 17—Certificate of Validity and Registration of Same.

Whenever the Court shall have decided that a concession is valid, a certificate to that effect bearing the seal of the Court, hereinafter referred to as a "certificate of validity," shall be attached to, or endorsed upon, such concession:  Provided that the Court may, for good reason to be noted on the minutes, declare that such certificate need not be attached to, or endorsed upon, such concession.  Every such certificate shall be registered under the Land Registry Ordinance by the Registrar of the Court on behalf of and at the expense of the person entitled to the benefit thereof and shall be registered in the same way as a Judge's certificate under the said Land Registry Ordinance. A copy of every such certificate shall be transmitted by the Registrar of the Court to the Commissioner of Lands who shall cause particulars thereof to be published in the Gazette.

Section 18—Requisites of Certificates of Validity.

Every certificate of validity—

(1) shall state the exact boundaries, extent and situation of the land in respect of which the certificate is given, and where by order of the Court under section 20 a cadastral plan has been prepared of the concession, the boundaries, extent and situation of the land stated shall be the boundaries, extent and situation of the land indicated by such cadastral plan, and such cadastral plan shall be attached to the certificate of validity;

(2) shall briefly specify the nature of the concession;

(3) shall contain a complete statement of any limitations, modifications and conditions imposed by the Court;

(4) shall declare the concession to be valid subject to the terms of the certificate of validity;

(5) shall be signed by the Judge making the final order for the issue of the certificate of validity or his successor in office; and

(6) may be in Form B of the Schedule hereto.

Section 19—Powers of Court when Concession Found Invalid.

When the Court shall decide that any concession or part thereof is invalid, but shall find that consideration was given therefore, the Court may order the repayment or return of such consideration or of any part thereof to the person who would have been entitled to the benefit of the concession if it had been declared valid, or may make such order for the settlement of any question arising with respect to any such concession as it shall deem just, and in particular may, in making any order, take into account the time which has elapsed since the date of the concession, the knowledge of and acquiescence in any such concession on the part of any person claiming to be affected thereby, or any operations or expenditure upon the land.  Any such order shall be deemed to be, and shall be enforced as, a decree of Court.

Section 20—Order for Cadastral Plan.

(1) The Court shall, except where the Director of Surveys certifies that the same is unnecessary, order that before a certificate of validity is issued in respect of any concession, a cadastral plan shall be prepared of such concession and filed in the Court.

Cap. 132.

(2) The cost of any demarcation and survey, as also of any supervision and checking of the survey and the examination of the plans prepared in pursuance of any order made under this section and of any certificate shall, subject to any order of the Court, be paid by the person claiming to be entitled to the benefit of the concession.  The fees chargeable on this account shall be such as may be prescribed in or under the Survey Ordinance, unless lower fees are privately arranged, and the preparation and approval of such plans shall be subject to the regulations made in that behalf under this Ordinance.

Section 21—Period for which Certificate of Validity Valid.

No certificate of validity shall be issued in respect of any concession which purports to confer any right, interest or property in or over any land for a longer period than 99 years, or in respect of any concession which purports to confer an option of acquiring any right or interest exercisable after the grant thereof for a longer period than three years, or for a longer period than one year in the case of any right, interest or property in or over timber. The Court may reduce the term of any concession so as to bring it within the limits aforesaid. (Amended by 25 of 1946, s.4.).[As amended by Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955), s. 5.]

Section 22—Area for which Concession Valid.

(1) No person shall hold any concession, and no certificate of validity shall be issued in respect of any concession, which purports to confer—

(a) mining rights over an area exceeding five square miles; or

(b) rights to collect rubber or relating to any products of the soil other than timber, over an area exceeding twenty square miles. (Substituted by 25 of 1946, s.5.)

(2) No person shall hold at one time in the Colony or Ashanti concessions which purport to confer—

(a) mining rights over the areas the aggregate of which exceeds twenty square miles;

(b) rights to collect rubber or relating to any products of the soil other than timber over areas the aggregate of which exceeds twenty square miles;

and no certificate of validity shall be issued in respect of any concession if such concession would result in any person holding a concession or concessions in contravention of the provisions of this subsection: (Substituted by 35 of 1942, s.4, and amended by 25 of 1946, s.5.)

Provided that notwithstanding anything in this section contained to the contrary, it shall be lawful—

(a) for the Court, where a concession purports to confer rights over an area exceeding any of the aforesaid limits, to issue a certificate of validity in respect of any portion of such area not exceeding the limits aforesaid, which may be selected by the holder;

(b) for the President by Order to declare that any person named therein may hold, upon such conditions (if any) as to the President may seem fit, any concession or concessions conferring rights over an area or areas specified in the Order in excess of the limits set forth in this section, and upon such order being made the restrictions on the issue of a certificate of validity set forth in subsection (1) or (2) (as the case may be) shall not apply to any concession or concessions held in accordance with such order.[As amend by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

Section 23—Construction of terms "Person" and "Corporation".

Wherever it shall appear to the Court on the motion of the Attorney-General under section 25 that two or more persons or corporations are so intimately related to each other in respect of a substantial unity or directorate, or financial control, or otherwise, that the commercial interests of both or all are in substance bound up with one another, then such persons or corporations and persons and corporations shall be deemed to be one person for the purpose of section 22 (2):

Proviso.

Provided always that nothing in this section shall apply to concessions obtained prior to the 31st August, 1916, in the Colony, or 1st day of January, 1923, in Ashanti, while such concessions continue to be held by the persons holding the same on the dates aforesaid.

Section 24—Burden of Proof to Lie on Applicant.

In every case the burden of proof shall be on the applicant for a certificate of validity satisfying the Court in such form and manner as to the Court shall seem proper and just that his application does not in any way contravene the true intent and purpose of section 22 (2) or section 23.

Section 25—Cancellation of Concession in Certain Cases.

Notwithstanding the grant of any such certificate of validity as aforesaid, if it shall at any time appear to the Attorney-General that in any instance any contravention of the true intent and purpose of section 22 (2) or section 23 has taken place, whether before or after such grant, then and in every case he may apply to the Court for the Rule nisi calling on the holder of such concession, and such other person or persons, if any, as the Court may direct, to show cause why the said concession should not be cancelled; and, if it shall appear to the Court that any such contravention as aforesaid has taken place in respect of such concession, it shall be lawful for the Court to make such rule absolute; and on the Court making such rule absolute the concession shall thereupon be deemed to be cancelled.

Section 26—Power to Court to Cancel Concessions in Certain other Cases.

If at any time it appears to the Attorney-General that there has been any breach of any condition laid down in any Order made under the proviso to section 22, he may apply to the Court for a Rule nisi calling on the person, in whose favour such order was made, to show cause why the concession or concessions held in accordance with such order should not be cancelled; and if it appears to the Court that any such breach has taken place the Court may make such rule absolute. If the Court makes such rule absolute the concession or concessions shall be deemed to be cancelled:

Provided that such area or areas not exceeding the limits set forth in subsection (1) or (2) (as the case may be) of section 22 as may be selected by the holder shall be excluded by the Court from the operation of any such Rule.

Section 27—Payments after 3 Years from Date of Certificate of Validity of Mining Concession.

Every holder of a mining concession shall, after the expiration of three years from the date of the certificate of validity of such concession, pay to the grantor the mining rent reserved by the concession, or any higher rent specified in the said certificate:

Provided that it shall be lawful for the Minister responsible for Mines, having afforded the grantor an opportunity of submitting such representations as he may think fit and having considered same, in his discretion, from time to time, by Order to exempt any holder of a concession named in such Order, from the operation of this section, for such period as to the Minister responsible for Mines, may seem fit:

Provided further that this section shall not apply in respect of concessions bearing date prior to the 15th day of May, 1939.

Section 27A—Payments after 5 years if Mining Operations have not Commenced.

Every holder of a mining concession in Ashanti bearing date prior to the commencement of the Ordinance, who shall not have commenced actual mining operations theron with proper machinery before five years from the date of the concession, shall thenceforth, so long as his concession remains in force and until such commencement of actual mining operations with proper machinery, pay to the grantor the mining rent reserved by the concession or any higher rent specified in the certificate of validity:

Provided that it shall be lawful for the President, in his discretion by order to exempt from the operation of this section for an additional period not exceeding two years any holder of a mining concession in Ashanti bearing date prior to the commencement of the Ordinance named in such order.[Inserted and to be cited as Concessions (Ashanti) Ordinance, CAP 146 (No. 27 of 1940), s.2]

Section 28—Special Provision with Respect to Mineral Concessions.

(1) If any concession purporting to confer any right with respect to minerals has been or shall be granted, mortgaged or assigned (whether as to the whole or in part) to a foreigner or to parties one or more of whom or which is a foreigner, and the President shall consider that such grant, mortgage, or assignment is, or is likely to prove prejudicial to the public safety or interests, then and in any such case and whether or not a certificate of validity has been granted in respect of such concession, it shall be lawful for the President by Order under his hand to cancel such grant, mortgage or assignment and the same shall thereupon become null and void as from the date of such Order.[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

(2) Whenever the President shall have made an Order under the provisions of subsection (1), he shall cause a copy of such Order (duly certified under the hand of a Minister) to be served on or sent to each grantor, mortgagor, or assignor, as also to each grantee, mortgagee, or assignee, as the case may be; and he shall also cause a copy of the said Order (similarly certified) to be filed in the proper Court.[As amend by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

(3) On any such copy being filed as aforesaid, it shall be lawful for the Court, on the application by motion of any person or party affected by such Order, to make and give such consequential orders and directions in further effectuation of the said Order of the President, and in settlement of the variation of rights resulting therefrom, as in the opinion of such Court the circumstances and justice of the case shall seem to require.

(4) In this section the expression "foreigner" includes—

(a) any person who is not a British subject, or a British protected person, or a person treated as a British protected person; and

(b) any company which—

(i) is not incorporated and registered in some country or place forming part of a Commonwealth country or of a British protectorate or of a territory the mandate for which is for the time being exercised by the Government of a Commonwealth Country; or[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), sch.]

(ii) has not its principal place of business in some such country or place; or

(iii)[As deleted by Concessions (Amendment) Ordinance, 1953 (CAP 136A), s. 4]

(iv) the effective control, of the operations of which is not in the hands of British subjects, British protected persons, or persons treated as British protected persons; and

(c) any partnership of partners, or union or association of persons or of companies any of which partners, persons or companies is a foreigner as that expression is in this subsection defined.

Section 29—Mineral Oil.

(1) [As deleted by Concessions (Amendment) Ordinance, 1955 s.6]

(2) [As deleted by Concessions (Amendment) Ordinance, 1955 s.6]

(3) No concession and no instrument whereby any right, title or interest to or in land the subject of a concession purports to be transferred, assigned, sub-demised, mortgaged or surrendered shall have the effect of passing any right, title or interest in or to mineral oil unless the instrument has been approved in writing by the President.[As amended by the Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955) s. 6 and further amended by Constitution (Consequential Provisions) Act, 1960 (C.A.8), 2nd sch.]

(4) [As deleted by the Concessions (Amendment) Ordinance 1955, s.6]

(5) The expression "mineral oil" includes bitumen, asphalt, and all other bituminous substances with the exception of coal.  It also includes natural gas, that is to say gas obtained from bore-holes and wells and consisting primarily of hydrocarbons, and the expression "natural gas" shall be so construed in any concession whether granted before or after the enactment of this Ordinance. (Amended by 9 of 1941, s.4.)

Section 30—Restrictions on Exercise of Rights with Respect to Timber or Trees.

(1) Subject as hereinafter provided, in the case of rights with respect to timber or trees claimed under any concession in respect of which the Court shall not, prior to the 25th day of June, 1925, in the Colony, or prior to the 1st day of March, 1926, in Ashanti, have granted and issued a certificate of validity, the exercise of such rights shall be held to be subject to such conditions, restrictions, limitations and directions as the Chief Conservator of Forests (which expression includes in this section any competent representative of the Chief Conservator of Forests) shall in his discretion prescribe in that behalf. (Amended by 25 of 1946, s.6.)

(2) In the exercise of the discretion referred to in subsection (1) of this section, the Chief Conservator of Forests shall have power in any case to prescribe such conditions, restrictions, limitations and directions as he may consider reasonably necessary to ensure the requisite protection, conservation and management, and the proper and adequate use, improvement, development and exploitation, of all forest resources in the area to which any such concession relates. (Substituted by 25 of 1946, s.6.)

(3) Before proceeding to the exercise of any rights with respect to timber or trees claimed under a concession within the category specified in subsection (1), the holder of the concession (which expression includes in this section the agent and representative of such holder) shall first ascertain from the Chief Conservator of Forests what conditions, restrictions, limitations, or directions, if any, have been or are then to be prescribed in the matter of the exercise of rights with respect to timber or trees claimed under the concession.  The Chief Conservator of Forests shall with all convenient despatch and in writing notify the holder of the concession of any such prescribed restrictions, limitations, and directions, but may at any time alter, add to, or revoke any such prescription. (Amended by 25 of 1946, s.6.)

(4) If the holder of a concession omits to ascertain from the Chief Conservator of Forests what conditions, restrictions, limitations or directions as aforesaid are to be prescribed, or commits any act or makes any omission, which act or omission constitutes a contravention of any such prescription as aforesaid of which the Chief Conservator of Forests shall have given written notification, the holder of the concession shall, independently of any civil liability which he may have incurred, be guilty of an offence, and on summary conviction thereof shall be liable to a fine not exceeding five hundred pounds, and, in default of payment thereof, to imprisonment for any term not exceeding one year, or alternatively, in the case of a continuing offence, to a fine not exceeding ten pounds in respect of each day during which the offence continues, and in default of payment whereof to imprisonment for any term not exceeding one year: (Amended by 25 of 1946, s.6.)

Provided always that the provisions hereinbefore in this section contained shall only apply with respect to land lying within such areas of the Gold Coast as the President may from time to time by Order declare to be areas with respect to land lying within which the said provisions shall apply.[As amended by Constitution (Consequential Provision) Act, 1960 (C.A. 8), 2nd sch.]

PART 3—CERTIFIED CONCESSIONS.

Section 31—Instruments of Transfer etc., to be Registered under Cap. 133 Liable to Stamp Duty.

(1) Every instrument by which the rights or any portion thereof granted by any concession in respect of which the Court has issued a certificate of validity may be transferred, assigned, sub-demised, mortgaged, or surrendered, shall be registered under the Land Registry Ordinance and shall be subject to a stamp duty in addition to any other duty payable by law of one pound for every square mile or portion of a square mile of the area in respect of which any rights are thereby transferred, assigned, sub-demised, mortgaged, or surrendered. This section and sections 36 and 37 shall be read as one with the Stamp Ordinance.

(2) Within three months of the execution thereof a copy of any such instrument duly certified under the hand of the Registrar of Deeds shall also be filed by the person entitled to the benefit thereof with the Registrar of the Court from which the certificate of validity in respect of such concession issued. Particulars of any such duly registered transfer, assignment, sub-demise, mortgage or surrender shall thereupon be transmitted by the Registrar to the Chief Inspector of Mines and also to the Commissioner of Lands who shall publish such particulars in the Gazette.

(3) Any person failing to comply with any of the provisions of this section shall be liable to a penalty not exceeding two pounds a day for every day during which such non-compliance continues. Such penalty may be sued for in the name of the Attorney-General and shall be recovered with the full costs of the suit: Provided that no person shall be liable to any penalty in respect of any delay due to circumstances beyond his control.

Section 32—Effect of Certificate of Validity.

(1) A certificate of validity shall be good and valid from the date of such certificate as against any person claiming adversely thereto, and shall be effective in respect of the whole area of land contained by the boundaries stated in such certificate, whether or not any discrepancy exists between such area and the area indicated by the notice and plan of the concession referred to respectively in subsections (1) and (3) of section 8.

(2) A certificate of validity (whether issued under the provisions of this Ordinance or of any Ordinance repealed by this Ordinance) shall be conclusive evidence that all the requirements of the Ordinance under which it was granted or purported to be granted and all matters precedent and incidental thereto have been complied with, and shall not be liable to be impeached by any person by reason of any lack of notice of the boundaries or extent of the land in respect of which it is given, or for any other reason or on any other ground save that of fraud to which the holder of the concession is proved to be a party. (Amended by 9 of 1941, s.5, and by 35 of 1942, s.6.)

(3) In the event of the land referred to in any certificate of validity or any portion thereof becoming or being declared to be the property of any person other than the grantor mentioned in such certificate, the Court shall, on the application upon notice of such other person or of the holder of the said certificate, endorse on the certificate a statement to that effect and any other prescribed particulars, and the Court shall cause to be sent to the Accountant-General a certified copy of such endorsement.

Section 33—Notice of Termination of Rights to be given to Registrars.

(1) Notice of the termination of the rights granted under any concession in respect of which a certificate of validity has been issued shall be given in writing by the person terminating such rights to the Registrar of the Court from which the certificate of validity issued, who shall report the same to the Commissioner of Lands, and the Commissioner of Lands shall thereupon cause the notice to be published in the Gazette. (Amended by 35 of 1942, s.7.)

(2) Such Gazette notice shall be to the effect that notice of the termination of the rights granted under such concession has been given to the said Registrar by the person terminating such rights. (Amended by 35 of 1942, s.7.)

Section 34—Variation of Certificate of Validity.

(1) It shall be lawful for the Court, subject to any conditions contained in an Order by the President made under section 22 (2)(b), by order with the consent of the grantor and the holder of a concession, in respect of which a certificate of validity has been issued, to vary, add to or otherwise modify the terms of such certificate of validity. The terms of any such order shall be endorsed upon or attached to the certificate of validity by the Court.  A copy of every such order shall be transmitted by the Registrar of the Court to the Commissioner of Lands who shall cause particulars thereof to be published in the Gazette.[As amended by Constitution (Consequential Provision) Act, 1960 (C.A. 8), 2nd sch.]

(2) Any application under this section shall be made by motion and the Court may in its discretion, permit an affidavit to be used for the purposes of proving consent.

(3) "Holder of the concession" in the case of an assignment of a portion of the land comprised in a concession shall mean the assignee of such portion, and in such case the modification of the certificate of validity shall apply only with respect to such portion.

Section 35—Rents to Native in Respect of Concession to be Paid to Accountant- General.

(1) Any rent or other periodical sum payable under any concession shall be paid in the prescribed manner by the holder of such concession to the Accountant-General and subject to the provisions of sub-section 4 of this section by the Accountant-General to such native, and such payment to the Accountant-General shall be a complete discharge to the person making the same.[As amended by the Concessions (Amendment) Ordinance 1955 (No. 21 of 1955) s. 7]

Recovery of Rents.

(2) Any such rent or periodical sum not paid within the prescribed time may be sued for by the person entitled to receive the same. In any such suit a certificate signed by the Accountant-General as to the amount due and as to non-payment of any amount due shall be admitted without proof and shall be prima facie evidence as to the amount due and as to such non-payment. Any money recovered or paid in any such suit shall be paid into Court, and any receipt by the plaintiff shall not discharge the defendant. The Court, after refunding the plaintiff any costs he may have been allowed, shall order the residue to be paid to the Accountant-General who shall pay the same to the person entitled thereto.

(3) Notwithstanding any agreement between the parties to the contrary, if any rent or periodical sum payable under any concession, whether such concession was granted before or after the 15th day of May, 1939, shall remain unpaid for twelve months after the same shall have become due, and after the elapse of three months from notice of non-payment of any part of that rent or periodical sum being given to the holder or his attorney in the Gold Coast such concession may be terminated by the person entitled to receive such rents or periodical sum by giving to the holder or to his attorney in the Gold Coast three months notice in writing of termination, but without prejudice to any rights that may have accrued to any person under such concession.  Where neither the holder nor any attorney appointed by him is resident in the Gold Coast, publication in the Gazette of notice of termination shall be deemed to be notice to the holder. Notice of every such non-payment of rent or other periodical sum or of termination of a concession shall be given by the person entitled to receive such rents or periodical sums to the Court which certified the concession for publication in accordance with the provisions of section 33.[As amended by Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955) s.7]

(4) Where a forest reserve, whether constituted under the Forests Ordinance or under any other law—

(a)  is in part of, or extends over the whole of, the land the subject of a concession, and

(b) is managed by the Government for the benefit of the owner or owners, and

(c) under agreement with the owner or owners the President, Government, or Forestry Department is entitled to deduct certain costs of operating and managing the forest reserve, and to retain sufficient funds to ensure efficient future working of the forest reserve, from the revenue received there, the Accountant-General—

(i) on being satisfied that moneys which may be so deducted have been expended on operating such forest reserve, or

(ii)  on receiving a certificate from the Chief Conservator of Forests as to the amount of moneys required to ensure efficient future working of such reserve, in excess of moneys already in his hands for this pursue shall pay such moneys to the Chief Conservator of Forests from the rent and other periodical sums payable under that concession and received by him:

Provided that, in so far as payments made hereunder to the Chief Conservator of Forests to ensure efficient future working of a forest reserve have been applied for purposes the expenditure for which may be deducted from the revenue received from the forest reserve, no further payment in respect thereof shall be made to the Chief Conservator of Forests.[As inserted by the Concessions (Amendment) Ordinance, 1955 (No. 21 of 1955) s. 7(c)] 

(5) For the purposes of this section any royalty or advance to be offset against a royalty payable under concession shall be deemed to be a periodical sum payable thereunder.

Validation of concession for charitable purposes in respect of which a certificate of validity has not been granted.[As inserted by the Concession (Amendment) Ordinance 1955 (No. 21 of 1955) s. 7(c)]

PART 4—PROSPECTING AND MINING.

Section 36—Prospecting Licences.

(1) Subject as hereinafter in this section provided, no person shall prospect within the Gold Coast unless he holds a valid and appropriate prospecting licence issued under this Ordinance and authorising him to do so, or otherwise than in accordance with the provisions set forth in such licence: Provided that the holder of a valid mining licence and his staff may, without a prospecting licence, prospect on any concession area with respect to which the said mining licence is in force.

Schedule Form C.

(2) The authority or authorities for the issue of prospecting licences shall be as prescribed by Regulations made under section 5; and such licences shall be in Form C of the Schedule. The authority concerned may attach to any prospecting licence such conditions or limitations as to him shall seem fit; and the prospecting licence shall thereupon have effect accordingly. The provisions set forth in a prospecting licence shall have the force of law.

(3) There shall be payable in respect of each prospecting licence a fee of twenty cedis.[As amended by Mining, Licences and Certificates (imposition of fees) (Consolidated Amendments) Law, 1983 (PNDCL 67), 1(a).]

(4) A prospecting licence shall, unless previously revoked, be in force until the thirty-first day of December next following the date of its issue, and no longer.

(5) The provisions regulating the issue and renewal of prospecting licences and the rights conferred by a prospecting licence shall be such as are prescribed herein or as shall be prescribed by regulations to be made under section 5, and the power conferred on the President in that section shall be deemed to extend to the making, altering and revocation of regulations for the aforesaid purposes, as also of any regulations with respect to the revocation of prospecting licences and to such other matters relating to prospecting licences and to matters connected therewith and to the enforcement of the provisions of this section and of the regulations as the President shall consider proper to be regulated by regulations.[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

(6) Any person contravening the provisions of subsection (1) of this section shall be guilty of an offence, and on summary conviction thereof shall be liable to imprisonment for any term not exceeding one year, or to a fine not exceeding one hundred pounds.

Section 37—Mining Licences.

(1) No person who is not a native shall carry on mining without being the holder of—

(a) a concession granting the right to do so from the native having the power to grant such right; and

(b) either—

Schedule Form D.

(i) a mining licence from the Chief Inspector of Mines in Form D of the Schedule hereto; or,

Cap. 226.

(ii) where the mining is conducted solely by dredging operations, an appropriate dredging licence under the Rivers Ordinance.

(2) The Chief Inspector of Mines may grant a mining licence—

(a) to any person claiming to be entitled to the benefit of a concession in respect of land comprised in such concession notwithstanding that such concession has not been adjudicated upon by the Court:

Provided that the Court may on the issue of a certificate of validity amend the licence so as to comprise only the land described in such certificate and if such concession shall be declared invalid by the Court such licence shall thereupon become void:

Provided further that no mining licence granted under this paragraph shall be in respect of more than one concession;

(b) to any owner of land who, upon application for such licence, lodges an affidavit of title together with a rough sketch map of the land over which ownership is claimed. A licence issued to an owner under the provisions of this paragraph shall become void on the holder ceasing to be the owner of the land;[As amended by Concessions (Amendment) CAP 136, s.5]

(c) to any person claiming to possess rights to mine on land who, upon application for such licence, lodges an affidavit of title together with a rough sketch map of the land over which such claim is made. A licence issued to a claimant under the provisions of this paragraph shall become void on the holder ceasing to possess the right to mine on the land.[As amended by Concessions (Amendment) CAP 136]

(3) there shall be payable in respect of each mining licence a yearly fee of one hundred cedis.[As substituted by Mining, Licences and Certificates (imposition of fees) (Consolidated Amendments) Law, 1983 (PNDCL 67), 1(b).]

(4) Any person who contravenes any provision of subsection (1) of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding one year or to both such fine and imprisonment and in addition to any such penalty to have his mining licence revoked. (Substituted by 32 of 1950, s.3.)

Section 38—Digging Licences.

Schedule Form E.

(1) No native, unless he holds one of the licences mentioned in paragraph (b) of subsection (1) of section 37 of this Ordinance, shall carry on mining without being the holder of a licence in Form E of the Schedule hereto (hereinafter referred to as a "digging licence")

(2) The Chief Inspector of Mines may grant a digging licence to any native claiming to own the land in respect of which the licence is sought, or to possess rights to mine on such land who, upon application for such licence, lodges an affidavit of title together with a plan of the land over which such claim is made and the provisions regulating the issue and renewal of digging licences shall be such as are prescribed herein or by regulations made under section 5 of this Ordinance. The power conferred on the President by that section shall be deemed to extend to the making, altering and revocation of regulations for the aforesaid purposes, as also of any regulations with respect to the revocation of digging licences and to matters connected therewith and to the enforcement of the provisions of this section and of the regulations, as the President shall consider proper to be regulated by regulations:

Provided that a digging licence shall not be granted to any person carrying on mining by means of mechanical appliances which in the opinion of the Chief Inspector of Mines exceed twenty-five brake horse-power or to any person carrying on mining in underground workings. For the purposes of this proviso "underground workings" shall mean shafts and workings therefrom, prospecting pits more than fifteen feet in depth, adits and tunnels.[As amended by Constitution (Consequential Provisions) Act, 1960 (C.A. 8), 2nd sch.]

(3) There shall be payable in respect of each digging licence a fee of thirty cedis.[As amended by Mining, Licences and Certificates (Imposition of Fees) (Consolidated Amendments) Law, 1983 (PNDCL 67), s.1(c).]

(4) A digging licence shall, unless previously revoked, be in force until the thirty-first day of December next following the date of its issue and no longer.

(5) Any person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. (Added by 32 of 1950, s.3.)

Section 39—Report of Mining Operations.

(1) The commencement of actual mining operations under a mining licence or a digging licence shall forthwith be reported to the Chief Inspector of Mines by the person holding such licence.

(2) Any person who fails to comply with subsection (1) of this section shall be guilty of an offence and shall be liable to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. (Added by 32 of 1950, s.3.)

PART 5—MISCELLANEOUS.

Section 40—Interference by Concessionaire with Railways, Public Land, Etc., Prohibited.

No person entitled or claiming to be entitled to the benefit of any concession, or to any right to prospect, shall in the exercise of the powers conferred by such concession or of any such right, disturb or interfere with any railway, public road or pathway, or with any public building, burial ground, or land appropriated by law to any public purpose, and any person guilty of any such disturbance or interference shall be liable to a penalty not exceeding one hundred pounds, to be recovered in the Supreme Court and in addition may be ordered by the Court to pay the cost of making good any damage so caused by him.

Section 41—Restriction on Declaration of Land Affected by a Concession to be Fetish Land.

If any chief or other person shall otherwise than in accordance with the terms or tenor of such concession or of such certificate of validity declare or represent any land affected by any concession in respect of which a certificate of validity has been granted by the Court to be fetish land, he shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding fifty pounds.

Section 42—Appointment of Attorney.

(1) Every person entitled to the benefit of any concession not ordinarily resident in the Gold Coast shall appoint an attorney to represent him in all matters relating to such concession, and every instrument conferring such appointment shall be forwarded to the Commissioner of Lands for registration.

Cap.133.

(2) Every such instrument shall be proved in the manner provided by sections 7(1) and 8(1) of the Land Registry Ordinance, and the Commissioner of Lands shall immediately after submission to him place upon the instrument a certificate as provided in section 13 of the Land Registry Ordinance and signed by him, and return the same to the person presenting it.

(3) Registration of the instrument shall consist in filing a photostat copy (to be provided by the person presenting the instrument for registration) with the Commissioner of Lands, which copy shall accompany the instrument upon the application for registration and shall be retained by the Commissioner of Lands:

Provided that the Commissioner of Lands may refuse to accept any photostat copy which is in his opinion, by reason of its size or its substance or for any other reason, unsuitable for filing or for reproduction.

Section 43—Government Officers Prohibited from Acquiring Rights in Concession.

No Government officer shall acquire, or hold, any right or interest under any concession, and any concession purporting to confer any such right or interest on any such officer shall be void.

Section 44—Powers of President over Land in Respect of which Certificate of Validity Granted.

The President and all persons authorised by him may, notwithstanding the issue of any certificate of validity, at any time—

(1) acquire such rights over any part of any land in respect of which such certificate has been granted as in his opinion may be necessary to allow of the carrying out of any works or objects of public utility or convenience which he may deem requisite, and the provisions of the Public Lands Ordinance shall apply, mutatis mutandis, to any such acquisition, as though the land were being acquired under the provisions of that Ordinance;

(2) use for any purpose any road made on any such land;

(3) enter upon and inspect any such land for the purpose of ascertaining the condition thereof, or for any other purpose which the President may think reasonable.[As amended by Constitution (Consequential Provisions) Act, 1960 (C. A. 8), 2nd sch.]

Section 45—Fees and Expenses Recoverable by Action.

Any court or registration fees and any costs and expenses incurred under this Ordinance by any officer of the Court, payable by any person claiming to be entitled to the benefit of a concession shall, without prejudice to any other means of recovery, be recoverable by action.

Certificate of Registrar Prima Facie Evidence of Fees, Etc.

A certificate, signed by the Registrar of the Court, that such fees, expenses or costs are payable by such person, shall be prima facie evidence of their being due.

Section 46—Lapse of Concessions.

Where the enquiry as to a concession has been struck out and all proceedings with respect to such concession have lapsed such concession shall be deemed to have determined as from the date of such lapse and subject to any claim for rent due up to the date of such lapse, all liability in respect thereof shall thereupon cease and absolutely determine.

Section 47—Penalties to be Recovered in Name of Attorney-General.

Any penalty imposed by this Ordinance and not declared to be an offence shall be sued for in the name of the Attorney-General and shall be recovered with full costs of suit.

Section 48—Burden of Proof under Sections 36, 37 and 38.

In any prosecution under sections 36, 37 or 38 it shall lie upon the defendant to prove that a licence to prospect or a mining licence or a digging licence, as the case may be, has been duly granted to him or that he is exempt from having any such licence. (Amended by 32 of 1950, s.4.)

Section 49—Repeal and Saving Clause.

Colony Ord. No. 14 of 1900.  Ashanti Ord. No. 3 of 1903.

The Concessions Ordinance of the Gold Coast Colony* and the Concessions Ordinance, Ashanti,* are hereby repealed:

Provided that—

(1) Save as in this Ordinance otherwise expressly provided, nothing in this repeal shall affect any Order of the President, Order, Rule or Regulation made, direction given or thing done under any enactment repealed by this Ordinance or deemed to have been made, given, or done respectively under any such enactment, and every such Order of the President, Order, Rule, Regulation or direction shall continue in force until revoked or repealed and, so far as it could have been made or given under this Ordinance, shall have effect as if made or given under this Ordinance. (Amended by 9 of 1941, s.6.)[As amended by Constitution (Consequential Provisions) Act, 1960 (C. A. 8), 2nd sch.]

(2) Save as in this Ordinance otherwise expressly provided, nothing in this repeal shall affect any right, title, interest or benefit granted or acquired under any enactment repealed by this Ordinance.

(3) Save as in this Ordinance otherwise expressly provided, nothing in this repeal shall affect any suit, action or proceeding pending under any enactment repealed by this Ordinance or any suit, action or proceeding which may be brought or commenced after the coming into operation of this Ordinance arising out of any right, title, interest or benefit granted or acquired under any enactment repealed by this Ordinance, and any such suit, action or proceeding as in this subsection mentioned shall be heard and determined under the provisions of that enactment by virtue of which such right, title, interest or benefit was granted or acquired.

Colony Ord. No. 14 of 1900.  Ashanti Ord. No. 3 of 1903.

(4) Whenever reference is made in any enactment in force at the commencement of this Ordinance or in any document to the Gold Coast Colony Concessions Ordinance or to the Ashanti Concessions Ordinance or to any provision thereof, such reference shall be construed as a reference to this Ordinance or to the corresponding provision therein, as the case may be.

Section 50—Exemptions of Certain Rights.

The provisions of this Ordinance shall not apply to the rights which were the subject of an agreement between Sir W. E. Maxwell and the Ashanti Goldfields Corporation Limited, and other parties dated 3rd June, 1897; nor, with the exception of the provisions relating to the exercise of the jurisdiction of the Court to enquire into and adjudicate upon the validity of concessions in other respects than that of area, to the rights which were the subject of an agreement between Mr. F. M. Hodgson and the Castle Gold Exploration Syndicate Limited, dated the 12th April, 1898.

Section 50A—Modification of Cap 136 and 157

The Concessions Ordinance, Cap 136 and the Forests Ordinance, Cap 157 shall apply with such modification as may be necessary to give effect to the provisions of this Act.[Inserted and to be cited as Timber Resources Management Act, 1997 (Act 547), s. 21]

Section 50B—Modification of Existing Enactments.

(b)  the Concessions Ordinance, 1939 (Cap 136)

(c)  the Concessions Act, 1962 (Act 124)

and any enactment relating to minerals as defined under section 84 of Minerals and Mining Law 1986, PNDCL 153 shall apply with such modifications as may be necessary to give full effect to the provisions of Minerals and Mining Law 1986, PNDCL 153.[Inserted and to be cited as Minerals and Mining Law, 1986 PNDCL 153, s. 87]

SCHEDULE

FORM A.

(Section 8(3))

In the Supreme Court of the Gold Coast.

*Concessions Division (      ).

Notice of Concession under section 8 of the Ordinance.

No.†                           (Cape Coast or as the case may be).

To the Registrar of the Supreme Court at                                              .

I hereby give you notice of the concession of                     of                    to           of                dated the            day of                 and registered on the           day        of             at the            Registry Office (or unregistered) (as the case may be).

Name and address of person claiming to be entitled to benefit of above-mentioned concession:*

Boundaries, extent and situation of land as specified in concession:†

Nature of concession:‡

Address for service:§

Dated this                     day of                                 , 19             .

.......................................................................

Claimant, or Agent or Attorney for Claimant.

___________________________

*Insert title of division, e.g., Cape Coast.

†Registrar to insert number and title of division, e.g.,  Cape Coast.

‡All rights granted, including in the case of a mining  lease any ancillary timber rights, to be specified.

FORM B.

(Section 18(6).)

GOLD COAST.

CONCESSIONS ORDINANCE.

Certificate of Validity.

No.

In the Supreme Court of the Gold Coast.

Concessions Division (     ).*

Subject as below the concession of                     of                   to                  of                   dated the             day of         , 19          , and registered on the          day  of            at the                Registry Office and to which this certificate is attached† [or on which this certificate is endorsed]† is hereby declared to be valid.

Boundaries, extent and situation of land in respect of which this certificate is given:

Nature of concession: [briefly]

Limitations, modifications and conditions imposed by the Court [in full]:

Date of final order for issue of certificate:

Given under my hand and the seal of the Court at              this              day of                 , 19             .

(Seal of Court.)

..............................

Signature of Judge.

*Insert title of division.

FORM C.

(Section 36 (2).)

GOLD COAST COLONY AND ASHANTI.

CONCESSIONS ORDINANCE.

Prospecting Licence.

No.

Licence is hereby granted to              of             to prospect in the District within the area described in the endorsement hereon by the District Commissioner.

Conditions and Limitations—

(i) To prospect outside the District described above is not permitted except by the issue of a further prospecting licence.

(ii) To prospect outside the area described in the endorsement in another area in the same District may be permitted upon the cancellation of the endorsement and a new endorsement being made by the District Commissioner.

(iii)

(iv)

Fee paid £1.

This licence expires (unless previously revoked) on the 31st day of December, 19               .

 Dated at                 this             day of                       , 19               .

.......................................

Chief Inspector of Mines.

NOTE.—This licence is not transferable and does not confer any right of entry upon lands or any right of property in any products of the soil and is subject to the provisions of the Prospecting and Digging Licences Regulations for the time being in force.

(Substituted by 32 of 1950, s.5, and amended by 53 of 1950, s.3.)

FORM D.

(Section 37 (1).)

GOLD COAST COLONY AND ASHANTI .

CONCESSIONS ORDINANCE.

Mining Licence.

No.

Permission is hereby granted to [name and address of licensee] his servants and agents to carry on mining on land comprised within the following limits [here set out the limits].

Dated this .................... day of ..................., 19.......

........................................

Chief Inspector of Mines.

NOTE.—This licence is not transferable.

FORM E.

(Section 38 (1).)

GOLD COAST COLONY AND ASHANTI.

CONCESSIONS ORDINANCE.

Digging Licence.

No.

Permission is hereby granted subject to section 38 of the Ordinance and any regulations made under section 5 of the Ordinance to .................. of .................... his servants and agents to mine on land comprised within the following limits —

Fee paid £5.

This licence expires (unless previously revoked) on the 31st day of December, 19.......

Dated at .................. this ........ day of ...................., 19.......

........................................

Chief Inspector of Mines.

NOTE.—This licence is not transferable and does not confer any right of entry upon lands or any right of property in any products of the soil and is subject to the provisions of the Prospecting and Digging Licences Regulations for the time being in force.

(Added by 32 of 1950, s.5, and amended by 53 of 1950, s.3.)

FOOTNOTES

*See also the Radio-Active Minerals Ordinance, Cap. 151.

*And see sections 36(5) and 38(2)

*"Section 9" refers to this section 10 before it was amended by Ordinance 50 of 1952.

*Both these Ordinances were Scheduled under the Revised Edition of the laws Ordinance, 1936.

*Insert title of division, e.g., Cape Coast.

†Registrar to insert number and title of division, e.g.,  Cape Coast.

‡All rights granted, including in the case of a mining  lease any ancillary timber rights, to be specified.

§To be within two miles of Court.

*Insert title of division.

amended by

CONCESSIONS (ASHANTI) ORDINANCE, 1940 (NO. 27 OF 1940) (CAP 146).1

CONCESSIONS (AMENDMENT) (COLONY AND ASHANTI) (CAP136).2

CONCESSIONS (AMENDMENT) ORDINANCE, 1955 (NO. 21 OF 1955).3

CONSTITUTION (CONSEQUENTIAL PROVISIONS) ACT, 1960 (C.A.8).4

CONCESSIONS ACT, 1962 (ACT 124).5

MINING RIGHTS, LICENCES AND CERTIFICATES (IMPOSITION OF FEES) (CONSOLIDATED AMENDMENTS) LAW, 1983 (PNDCL 67).6

MINERALS AND MINING LAW, 1986 (PNDCL 153).7

TIMBER RESOURCES MANAGEMENT ACT, 1997 (ACT 547).8

(Colony and Ashanti)

CHAPTER 136.