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Expenses and Reports of the Council and the Office of the Head of the Local Government Service

District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation

81.Collaboration and co-operation between Departments of District
Assemblies and other organisations

88.Public hearing of District Development Plans, Sub-District and
Local Action Plans

97.Enforcement against unauthorised development in respect of com-
munity right of space

113.District Assemblies to prepare response plans to make by-laws for
emergency, disaster prevention and relief services

Establishment and Functions of the Inter-Ministerial Co-ordinating Committee
on Decentralisation

204.Establishment of Inter-Ministerial Co-ordinating Committee on Decentralisation

224. Penalty for unqualified person sitting or voting in District Assembly
Executive Authority and Local Government

AN ACT to provide for local governance in accordance with the Constitution; to establish a Local Government Service; to provide for the establishment and administration of the District Assemblies Common Fund; to provide for a National Development Planning System; to define and regulate planning procedures
of District Assemblies; to co-ordinate, facilitate, monitor and supervise internal audit activities within District Assemblies and for related matters.

1. (1) For purposes of Local governance, the districts in existence immediately before the commencement of this Act shall continue to exist.

(3) The President shall, in the exercise of the power under paragraph (a) of subsection (2), direct the Electoral Commission to make appropriate recommendations.

(4) The Electoral Commission shall, before making recommendations to the President under subsection (3), consider the following factors including

(i) a district, that there is a minimum population of seventy-five thousand people;

(iii) a metropolis, that there is a minimum of two hundred and fifty thousand people; and

(b) the geographical contiguity and economic viability of the area, namely, the ability of an area to provide the basic infra structural and any other developmental needs from the monetary and any other resources generated in the area.

2. (1) The areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees in existence before this Act shall continue to exist.

(2) The Electoral Commission may review the areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees by Constitutional Instrument after a national population census.

3. (1) The Minister shall, by legislative instrument, establish a District Assembly for each district, municipality and metropolis.

(2) A District Assembly shall constitute the highest political authority in the district.

(a) the area of authority of the District Assembly as determined under subsection (2) of section 1;

and the maximum number of persons to be appointed to the District Assembly by the President;

(d) the place where the principal office of the District Assembly is to be situated; and

(e) other matters that are required by this Act to be included in the Instrument or are consequential or ancillary to it.

in respect of the areas of authority of the sub-district structures within the area of authority of the District Assembly demarcated or reviewed in the same legislative instrument that established the District Assembly.

(a) the jurisdiction, membership, functions, powers and responsibilities of the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Commit-
tee; and

(b) any other matter connected with the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee that may be considered necessary.

(2) For the performance of its functions, a District Assembly may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction.

(3) Where there is hindrance to the acquisition of property by a District Assembly, the property may be acquired for the District Assembly under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the District Assembly.

(b) one person from each electoral area within the district elected by universal adult suffrage in accordance with regulations made for the purpose by the Electoral Commission;

(c) the member or members of Parliament from the constituencies that fall within the area of authority of the District Assembly; and

(d) other members that shall not exceed thirty per cent of the total membership of the District Assembly appointed by the President in consultation with the traditional authorities and other interest groups in the district.

(a) be counted among the seventy per cent in the calculation of the thirty per cent of the appointed members; and

(3) The members appointed under paragraph (d) of subsection (1) may be re-appointed.

(4) A District Assembly may conduct its business in English and in any local language common to the communities in the district.

(5) The District Co-ordinating Director appointed under subsection (1) of section 75 shall be the Secretary to the District Assembly.

(2) An election specified in subsection (1) and elections to Parliament shall be held at least six months apart.

(3) Whenever a situation arises in which the Electoral Commission is unable to conduct a District Level election, the President may appoint an Interim Management Committee to perform the functions of the Assembly until elections are conducted.

(c) is ordinarily resident in the district in which the person seeks election or for whose District Assembly the person is to be appointed; and

(d) has paid all taxes and rates or made arrangements satisfactory to the appropriate authority for the payment of the taxes and rates.

(2) For the purpose of paragraph (c) of subsection (1), a person is deemed to be ordinarily resident in a district if within the four years before the election or the appointment to the District Assembly, that person has lived in the district for an aggregate period of not less than twelve months.

(3) A person is not qualified to be elected or appointed to a District Assembly if that person.

(b) has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence under an enactment in force in the Republic;

(c) is a person against whom adverse findings have been made by a competent authority and accepted by the Government;

(d) being a professional person is disqualified from practising that profession on grounds of malpractice, fraud or dishonesty by the competent professional body.

(4) A member of staff of a District Assembly shall not be a member of the same District Assembly, whether elected or appointed.

(5) Paragraph (c) of subsection (1) and subsection (2) do not apply to the District Chief Executive.

(6) A person shall not at any time be a member of more than one District Assembly.

8. (1) A candidate who seeks election to a District Assembly or to any lower local government unit shall present that candidate's self to the electorate as an individual and shall not use any symbol associated with any political party.

(2) A political party shall not endorse, sponsor, offer a platform to or in any way campaign for or against a candidate who seeks election to a District Assembly or any lower local government unit.

(3) A candidate who contravenes subsection (1) commits an offence and is liable on summary conviction to the cancellation of the nomination of that candidate by the Electoral Commission.

(4) A political party that contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units .

(b) upon revocation of the mandate of that person, but that person shall be disqualified from standing as a candidate for only two terms immediately after the revocation;

(c) upon resignation in writing addressed to the Presiding Member of the District Assembly;

(d) if that person fails to disclose any financial interest that person may have in a contract before the District Assembly for consideration;

(e) if that person is absent from more than three consecutive ordinary meetings of the District Assembly without the written permission of the Presiding Member of the
District Assembly; or

(2) The District Assembly shall refer a complaint made to it that a member of the District Assembly has ceased to hold office under paragraphs (d) and (e) of subsection (1) to the Public Relations and Complaints Committee to investigate.

(3) The Public Relations and Complaints Committee shall submit a report on its findings to the District Assembly within a time to be stipulated by the District Assembly.

(4) Where the District Assembly, after studying the report is satisfied that a member is affected by paragraph (d) or (e) of subsection (1), it shall decide that the member shall cease to be a member of the District Assembly by resolution, supported by two thirds of members present and voting.

(5) A member of the District Assembly who is aggrieved by a decision of the District Assembly about cessation of membership may have recourse to a court of law.

10. (1) The mandate of an elected member of a District Assembly may be revoked by the electorate.

(2) For the purpose of revoking the mandate of an elected member, twenty-five per cent or more of the registered voters in the electoral area may petition the Electoral Commission for a recall of that member from the District Assembly.

(3) The Electoral Commission shall conduct a referendum to decide whether or not the member must be recalled.

(a) forty per cent of the registered voters in the electoral area vote on the issue; and

(b) sixty per cent of the votes cast are in favour of the recall of the member.

a by-election shall be held to elect another person to replace the elected
member.

(6) Subsection (5) does not apply where the recall, removal, resignation or death occurs within six months before the end of the tenure of the elected member.

(7) Whenever a vacancy occurs in a District Assembly in respect of an elected member, the Secretary to the Assembly shall notify the Electoral Commission in writing, within seven days after becoming aware that the vacancy has occured and a by-election shall be held within thirty days after the vacancy occured except that, where the vacancy occured by the death of the elected member, the by-election shall be held within sixty
days after the occurance of the vacancy.

(8) Where the occurence of the vacancy is occasioned by the death of an appointed member, the Secretary to the Assembly shall notify the President through the Minister, of the occurrence of the vacancy and the President shall within thirty days, appoint another person to the District Assembly.

(9) The appointment of an appointed member of a District Assembly may be revoked by the President,

(a) upon the recommendation of three-fourths of the members of the District Assembly on grounds that the member has

(i) systematically neglected the duties of an appointed member of a District Assembly; or

(ii) committed acts incompatible with the office as a member of the District Assembly for which sufficient evidence is available; or

(b) upon a complaint made of wrong doing or improper conduct established to be true after investigation by an ad-hoc committee of the District Assembly.

(10) Where the appointment of an appointed member of a District Assembly is revoked, another person may be appointed to replace the appointed member.

(11) A person appointed under subsection (10) shall serve the term of the member whose appointment has been revoked and may be re-appointed.

11. (1) The emoluments of a District Chief Executive of a District Assembly shall be determined by Parliament and shall be charged on the Consolidated Fund.

(2) The emoluments of a Presiding Member of a District Assembly and other members of the District Assembly shall be determined by the District Assembly and paid out of the District Assembly's own
resources.

(c) provide guidance, give direction to and supervise other administrative authorities in the district as may be prescribed by law.

(2) A District Assembly shall exercise deliberative, legislative and executive functions.

(b) formulate and execute plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall development of the district;

(c) promote and support productive activity and social development in the district and remove any obstacles to initiative and development;

(d) sponsor the education of students from the district to fill particular manpower needs of the district especially in the social sectors of education and health, making sure that
the sponsorship is fairly and equitably balanced between male and female students;

(e) initiate programmes for the development of basic infrastructure and provide municipal works and services in the district;

(f) be responsible for the development, improvement and management of human settlements and the environment in the district;

(g) in co-operation with the appropriate national and local security agencies, be responsible for the maintenance of security and public safety in the district;

(h) ensure ready access to courts in the district for the promotion of justice;

(j) initiate, sponsor or carry out studies that may be necessary for the discharge of any of the duties conferred by this Act or any other enactment; and

(4) A District Assembly shall take the steps and measures that are necessary and expedient to

(b) guide, encourage and support sub-district local structures, public agencies and local communities to perform their functions in the execution of approved development plans;

(c) initiate and encourage joint participation with other persons or bodies to execute approved development plans;

(d) promote or encourage other persons or bodies to undertake projects under approved development plans; and

(e) monitor the execution of projects under approved development plans and assess and evaluate their impact on the development of the district and national economy in
accordance with government policy.

(5) A District Assembly shall co-ordinate, integrate and harmonise the execution of programmes and projects under approved development plans for the district and other development programmes promoted or carried out by Ministries, Departments, public corporations and other statutory bodies and non-governmental organisations in the district.

(a) be subject to the general guidance and direction of the President on matters of national policy; and

(b) act in co-operation with the appropriate public corporation, statutory body or non-governmental organisation.

(7) Public corporations, statutory bodies and non-governmental organisations shall co-operate with a District Assembly in the performance of their functions.

(8) In the event of a conflict between a District Assembly and an agency of the central Government, public corporation, statutory body, non-governmental organisation or individual over the application of subsection (5), (6) or (7), the matter shall be referred by either or both parties to the Regional Co-ordinating Council for resolution.

(9) The Instrument that establishes a particular District Assembly or any other Instrument, may confer additional functions on the District Assembly.

13. (1) A District Assembly shall be the authority to carry out and execute within its district the provisions of

(2) A District Assembly shall be the authority to carry out and execute the following provisions of the Criminal Offences Act, 1960 (Act 29) within its district:

(3) For the purpose of subsection (1), the District Assembly shall, within its district, have the powers, rights, duties, capacities, liabilities and obligations of a person or authority mentioned in the enactment.

(4) Subsection (3) does not include the powers of a court or the Commissioner of the Customs Division of the Ghana Revenue Authority.

(5) For the purpose of the Liquor Licensing Act, 1970, (Act 331), the District Finance Officer or another designated officer of the District Assembly shall be the Licensing Officer.

(6) For the purpose of section 296 of the Criminal Offences Act, 1960 (Act 29), the reference to the Engineer-in-Chief of Public Works includes the District Engineer of the District Assembly or an Engineer appointed in writing by the District Assembly.

(7) For the purpose of section 300 of the Criminal Offences Act, 1960 (Act 29), the District Finance Officer or other designated officer of the District Assembly is deemed to be the Controller and Accountant- General or the representative of the Controller and Accountant-General.

(8) Nothing contained in this section shall derogate from the statutory or other functions of the police, whether exercisable under the enactments specified in this section or otherwise and any person or authority performing a function under this subsection shall act in consultation with the police.

14. A person who discharges the duties of a Medical Officer or Sanitary Inspector under the Public Health Act, 2012 (Act 851) shall be an officer of the District Assembly of that area to give effect to and enforce by-laws related to public health made by the District Assembly.

15. (1) A District Assembly may delegate any of the functions of the District Assembly to a Sub-Metropolitan District Council, Urban, Zonal, Town or Area Council or Unit Committee or any other body or person as it may determine.

(2) Despite subsection (1), a District Assembly shall not delegate its power to legislate, levy taxes, rates, duties and fees or borrow money to a Sub-Metropolitan District Council, Urban Zonal, Town or Area Council or Unit Committee.

(a) maintain close contact with the electoral area of the District Assembly, consult the people of the electoral area on issues to be discussed in the District Assembly, collate
their views, opinions, and proposals;

(b) present the views, opinions and proposals of the electorate to the District Assembly;

(c) attend meetings of the District Assembly and meetings of sub-committees of which that member of the District Assembly is a member;

(ii) actions the member has taken to solve problems raised by residents in the electoral area;

(f) draw attention in general debate to national policies that are relevant to the subject under discussion;

(g) actively participate in the work of the sub-committees of the Executive Committee;

(h) bring to bear on any discussion in the District Assembly the benefit of the skill, profession, experience or specialised knowledge of the member;

(i) maintain frequent liaison with organised productive economic groupings and other persons in the district; and

(2) A member of a District Assembly shall, in the discharge of the duty, have due regard to the national interest and the interest of the people in" the district.

17. (l) There shall be a Presiding Member of each District Assembly who shall be elected by the members of the District Assembly from among their number.

(2) The Presiding Member shall not be the District Chief Executive or a Member of Parliament.

(3) The Presiding Member shall be elected by at least a two-thirds majority of all the members of the District Assembly.

(4) The Presiding Member shall hold office for a term of two years and is eligible for re-election subject to subsection (6).

(5) The Presiding Member shall convene and preside at meetings of the District Assembly and perform other functions prescribed by law and the Standing Orders of the District Assembly.

(6) The Presiding Member shall cease to hold office whenever the District Assembly, by a majority of at least two-thirds of all the members of the District Assembly, vote to remove that Presiding Member from office.

(7) The District Assembly shall adopt the Model Standing Orders with the necessary modifications prior to the conduct of any business at the first sitting of the first meeting of the District Assembly.

(8) The emoluments of a Presiding Member of a District Assembly shall be determined by the District Assembly.

(2) Matters for decision by the District Assembly shall be determined by the votes of the majority of members present and voting.

(3) In the event of equality of votes, the Presiding Member shall have a casting vote.

(4) The validity of proceedings of a District Assembly shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.

(5) A District Assembly may at any time summon any public officer in the district to attend any of its meetings to provide information or assistance as the District Assembly may require.

(6) The Minister shall develop Model Standing Orders for the conduct and proceedings of District Assemblies.

19. (1) There shall be established an Executive Committee of a District Assembly to be responsible for the performance of the executive functions of the District Assembly. .

(c) the chairperson of one ad hoc Sub-Committee of the Executive Committee elected by the District Assembly, and

(d) any two other members elected by members of the District Assembly, at least one of whom is a woman.

(3) The Secretary of the District Assembly shall be the Secretary of the Executive Committee.

20. (1) There shall be a District Chief Executive for each district appointed by the President with the prior approval of not less than two-thirds majority of the members of the District Assembly present and voting at the meeting.

(a) preside at meetings of the Executive Committee of the District Assembly and in the absence of the District Chief Executive a member of the Executive Committee elected
by the members present from among themselves shall preside;

(b) be responsible for the day-to-day performance of the executive and administrative functions of the District Assembly;

(c) be responsible for the supervision of the departments of the District Assembly; and

(a) a vote of no confidence, supported by the votes of not less than two-thirds of all the members of the District Assembly, is passed against the District Chief Executive;

(5) A District Chief Executive shall hold office for four years but the District Chief Executive shall not hold office for more than two consecutive terms.

(6) The emoluments of a District Chief Executive shall be charged on the Consolidated Fund and shall be determined by Parliament in accordance with article 71 of the Constitution.

21. (1) The Executive Committee of a District Assembly shall exercise the executive and co-ordinating functions of the District Assembly.

(a) co-ordinate the plans and programmes of the sub-committees and submit these as comprehensive plans of action to the District Assembly;

(c) report to members of the District Assembly the decisions of the Executive Committee;

(d) oversee the administration of the district in collaboration with the office of the District Chief Executive;

(e) make recommendations on stated grounds to the appropriate Ministry, Department or Agency, for the appointment and replacement of officers for departments outside
the control of the District Assembly where it is considered expedient to do so;

(f) develop and execute approved plans of the units, areas and towns and sub-metropolitan districts, within the area of authority of the District Assembly;

(i) the economic, social, spatial and human settlement policies related to the development of the district;

(ii) harmonisation of the development policies of the district with national development policies;

(iii) the integration and co-ordination of the processes of planning, programming, budgeting and implementation;

(iv) initiation and implementation of development programmes and projects at the district level; and

(3) An Executive Committee shall in between meetings of a District Assembly, carry out functions of the District Assembly other than the legislative function of the District Assembly.

(4) The Executive Committee shall communicate its decisions to Members of the District Assembly at least seven days before the meeting of the District Assembly.

22. (1) An Executive Committee may co-opt any person to attend its meetings but a co-opted person shall not vote.

(2) An Executive Committee may conduct its business in English and in any local language decided under subsection (4) of section 5.

(3) The validity of the proceedings of the Executive Committee shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.

(4) An Executive Committee shall regulate the procedures for its meetings in accordance with the Standing Orders of the District Assembly.

(2) Each sub-committee shall consist of members of the District Assembly determined by the District Assembly.

(3) A member of the District Assembly other than the Presiding Member shall serve on at least one sub-committee during the tenure of office of that member.

(4) Recommendations to the District Assembly for the constitution of a sub-committee shall be made by the District Chief Executive in consultation with the Secretary to the District Assembly.

(5) Heads of Departments of the District Assembly shall attend the meetings of the sub-committees and shall advise them on the performance of their functions but shall not vote.

(6) A sub-committee may co-opt a person to attend any of its meetings but a co-opted person shall not vote.

(7) A sub-committee shall regulate the procedure for its meeting in accordance with the Standing Orders of the District Assembly.

(8) The District Assembly may dissolve and re-constitute a sub-committee that is not performing its functions efficiently.

(9) The dissolution shall be supported by two-thirds of all
members of the District Assembly present and voting.

(10) The Secretary to the District Assembly shall appoint a Head of Department of a sector relevant to the work of a sub-committee to be the Secretary to the sub-committee.

24. (1) The functions of the sub-committees of the Executive Committee shall be as provided in the Model Standing Orders issued by the Minister for the conduct and proceedings of District Assemblies.

(2) A sub-committee shall collate and deliberate on issues of its responsibility to assist the District Assembly in the deliberative, legislative and executive functions of the District Assembly.

(3) A sub-committee shall submit its recommendations to the Executive Committee of the District Assembly.

25. (1) The provisions on the functions and meetings of an Executive Committee and the Sub-Committees and functions of an Executive Sub-Committee shall not apply to a Metropolitan Assembly.

(2) The legislative instrument establishing a Metropolitan Assembly shall specify its sub-committee system and other related matters.

26. (1) A District Assembly shall have a Public Relations and Complaints Committee consisting of

(b) five members of the District Assembly elected by the members of the District Assembly;

(iv) civil society organisations in the district selected by the civil society organisations.

(2) A person appointed under subparagraph (iv) of paragraph (c) of subsection (1) shall not have voting rights.

(a) educate the members of the public on the activities of the District Assembly;

(b) promote transparency, probity and accountability in the dealings of the District Assembly with the public;

(c) investigate complaints or allegations made against the conduct of the District Chief Executive, members of the District Assembly, staff of the District Assembly and staff
of the departments of the District Assembly;

(d) investigate complaints or allegations of administrative injustice, abuse and misuse of office and violation of the fundamental human rights of any member of the public in the district against the District Chief Executive, a member of the District Assembly, staff of the District Assembly and staff of the departments of the District Assembly;

(e) investigate a complaint or allegation of failure made by a person about the performance of the District Assembly or a department of the District Assembly in the discharge of its statutory duty or corporate responsibilities; and

(f) perform any other functions reasonably related to its core functions that the District Assembly may decide.

(2) The Public Relations and Complaints Committee shall not investigate a matter which is pending before a court or the Commission on Human Rights and Administrative Justice.

(3) The Public Relations and Complaints Committee shall comply with the rules of natural justice in the performance of the functions of the Committee and make recommendations to the District Assembly in respect of its investigations for the appropriate action of the District Assembly.

(4) The Public Relations and Complaints Committee may make the following specific recommendations through the District Assembly:

(a) to the Electoral Commission to commence processes for the revocation of the mandate of an elected member of the District Assembly under subsections (1) to (6) of section 10;

(b) to the President for the revocation of the appointment of an appointed member under subsections (7), (9) and (10) of section 10; or

(c) to the President for the removal of the District Chief Executive from office.

(5) The Public Relations and Complaints Committee may also recommend that the District Assembly commences the processes to pass a vote of no confidence in the District Chief Executive.

28. (1) The District Chief Executive may address the District Assembly in session on policies determined by the President.

(a) present a report on the performance of the functions of the Executive Committee, of the office of the District Chief Executive as well as of the state of the district to the District Assembly at the beginning of each session; and

(b) submit the recommendations of the District Assembly on matters of national concern to the Minister and the Regional Co-ordinating Council at the end of each session.

29. A Minister of State or other appointee of the President may address the District Assembly on personal initiative, at the invitation of the District Assembly, or on the directive of the President on a matter related to the sector or function of the Minister or appointee of the President.

(a) build, acquire, provide, hire and furnish buildings within the administrative area of the District Assembly,

(b) combine with another District Assembly to build, acquire, provide, hire and furnish a building within or outside the administrative area of the District Assembly, or

(c) contribute towards the expense incurred by another District Assembly in building, acquiring, providing, hiring and furnishing any building within or outside the administrative area of the District Assembly

to be used to transact the business of the District Assembly and for public meetings.

31. (1) A District Assembly may appoint a joint committee with another District Assembly for a project in their mutual interest and may delegate a function of the District Assembly related to the project to the committee.

(2) A joint committee appointed under this section may be authorised to co-opt additional members.

(3) The delegation by the District Assembly to the joint committee shall not include the power of a District Assembly to approve by-laws, draw up annual estimates, levy rates or borrow money.

(4) Where a District Assembly appoints or agrees with another District Assembly to appoint a joint committee, the District Assembly may make, vary or revoke any of its regulations related to the quorum, proceedings and place of meetings.

(5) The quorum for proceedings and place of meeting shall be as determined by the joint committee.

(6) Each joint committee appointed shall, report the proceedings of the joint committee to the District Assembly concerned through the Executive Committee and the decisions of the Executive Committee shall be subject to the approval of the District Assembly.

32. A District Assembly may join another District Assembly to carry out any commercial activity that falls within the scope of their respective functions and may determine the allocation of the cost and benefits in respect of that activity.

33. The procurement powers and tender procedures of a District Assembly shall be in accordance with the relevant procurement laws.

(a) insure the property of the District Assembly against a risk of any kind; or

(b) insure a third party against injury or damage resulting from an act or omission by a member of staff of the District Assembly in the performance of an official function.

(a) through the District Chief Executive, authorise any person in writing to enter land, premises or any place at a reasonable time for a purpose connected with the functions of the District Assembly;

(b) request any person in writing to furnish the District Assembly with information reasonably necessary for the performance of the functions of the District Assembly; and

(c) give directions to any person that may be reasonably necessary for the performance of the functions of the District Assembly.

(a) wilfully obstructs an officer of a District Assembly in the carrying out of the functions of the District Assembly,

(b) fails to furnish information requested from that person without reasonable excuse, proof of which shall be on that person, or

(c) gives information in response to a request made under this section which that person knows to be false, or which that person has no reasonable grounds to believe to be true, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than two years or to both and in the case of a continuing offence to a fine of not more than five penalty units for each day that the offence continues.

36. The President may cause the performance of any function or matter of a District Assembly under this or any other enactment to be investigated if the matter is likely to affect the discipline of the District Assembly and shall give directions as appropriate.

37. (1) The President may declare a District Assembly to be in default of its functions by Executive Instrument if it is in the public interest to do so and may by the same or another Executive Instrument

(a) direct the District Assembly on how to perform any of its functions within the time specified in the Executive Instrument; or

(b) transfer to a person or body the performance of any of the functions of the District Assembly in default specified in the Executive Instrument.

(2) Where the President has transferred the performance of any of the functions of a District Assembly in default to a person or body, the President may, by the same or another Executive Instrument, dissolve or suspend the District Assembly for not more than one year or prohibit that District Assembly from the performance of certain functions specified in the Executive Instrument for not more than one year.

(3) The President may issue an Executive Instrument to continue the suspension of a District Assembly in default for a period of not more than one year at anyone time.

38. Where any functions of a District Assembly are transferred by the President to a person or body by Executive Instrument, the expenses incurred by the person or body in the performance of those functions shall be a debt due from the District Assembly concerned, to the person or body.

39. (1) A District Assembly shall make a contribution to the National Association of Local Authorities of Ghana as the Association may determine.

(2) The contribution shall be in respect of any expenditure incurred by the Association to undertake its business and hold its meetings.

40. A District Assembly shall enable the residents and other stakeholders in the district to participate effectively in the activities of the District Assembly and the sub-districtstructures of the District Assembly.

(a) participate in the deliberative function of the District Assembly by the publication of a draft by-law or fee-fixing resolution in a media of mass communication in the district that includes radio, the print media, notice boards on the premises of the District Assembly and in the major towns and settlements in the district, before the commencement of proceedings on the draft by-law or fee-fixing resolution;

(b) make representations to the District Assembly through the Secretary to the District Assembly on any provision of the draft by-law or proposal in the fee-fixing resolution;

(c) appear before a sub-committee of the Executive Committee to which a draft by-law or fee-fixing resolution is referred to make an oral representation;

(d) attend the proceedings of the District Assembly as observers when a draft by-law or fee-fixing resolution is being debated;

(e) disseminate the by-law or fee-fixing resolution as widely as possible and play an advocacy role on the contents of the by-law or fee-fixing resolution after the enactment of the by-law or the adoption of a fee-fixing resolution.

(2) The District Assembly shall cause a public announcement to be made at least ten working days before the first day of submission of the draft by-law or the fee-fixing resolution to the District Assembly for the first time.

(d) notice boards announcing jobs, appointments, procurement awards and other important announcements of public interest;

43. (1) District level stakeholders may petition the District Assembly on any matter for which the District Assembly is responsible;

(2) The petition shall be made in writing or orally to the Secretary to the District Assembly.

(a) acknowledge receipt of the petition of a stakeholder within seven days; and

45. The District Chief Executive, in the report to the District Assembly, shall include a report on stakeholder participation in the activities of the District Assembly.

(c) undertake advocacy on core development issues such as agriculture, education, health, security, economics and sustainable development.

(2) A District Assembly shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest public outreach possible in the district which may include

(3) A District Assembly shall encourage and facilitate other means of mass communication including the traditional media.

47. (1) Every resident in a district shall have access on request to in- formation held by a District Assembly or a Department of the District Assembly subject to limitation imposed by law.

(2) The Secretary to a District Assembly is responsible for ensuring access to information on request.

(a) protection of marginalised groups from discrimination of any kind, including discrimination based on language, religion, culture, national or social origin, gender, birth, descent or other status;

(b) equality of treatment in each area of economic, educational, social, religious, political and cultural life of the marginalised and minority group;

(c) special protection to vulnerable persons who may be subject to threats or acts of discrimination, hostility, violence and abuse as a result of their ethnic, cultural, religious or other identity;

(d) special measures of affirmative action for marginalised and minority groups to ensure their enjoyment of equal rights with the rest of the population;

(e) respect for and promotion of the identity and characteristics of minorities;

(g) promotion of effective participation of marginalised groups in public and political life.

49. (1) There is established by this Act, a body corporate with perpetual succession to be known as the Local Government Service.

(2) The Service shall be decentralised at the regional, district and sub-district levels.

(3) For the performance of its functions, the Service may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction.

(4) Where there is hindrance to the acquisition of property, the property may be acquired for the Service under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Service.

(e) Offices of the Sub-Metropolitan District Councils, Urban, Town and Area Councils;

51. The object of the Service is to secure the effective administration and management of the decentralised local government system in the country.

(a) provide technical assistance to District Assemblies to enable the District Assemblies effectively perform their functions and discharge their duties in accordance with the
Constitution and this Act;

(c) conduct management audits for the District Assemblies in order to improve the overall management of the Service;

(d) design and co-ordinate management systems and processes for the District Assemblies;

(e) develop and co-ordinate the personnel plans and assess the personnel needs of the District Assemblies in consultation with the District Assemblies;

(f) develop and co-ordinate the training implementation plans of the District Assemblies in consultation with the respective District Assemblies;

(g) develop professional standards and guidelines for the various categories of staff who are members of the Service;

(i) assist the District Assemblies in the performance of their functions under any other enactment; and

(j) perform other functions incidental or conducive to the achievement of the object of the Service.

(a) a chairperson with extensive experience in local government and decentralisation matters;

(b) a representative of the Ministry responsible for Local Government not below the rank of a Director;

(c) the Director-General of the National Development Planning Commission or the representative of the Director- General;

(d) a representative of the Ministry of Education not below the rank of a Director;

(e) a representative of the Ministry of Health not below the rank of a Director;

(g) the Administrator of the District Assemblies Common Fund or the representative of the Administrator;

(h) a representative of the National Association of Local Authorities of Ghana;

(i) a representative of the local government workers nominated by the workers;

(j) the Director of the Institute of Local Government Studies or a representative of the Director;

(I) two representatives of civil society organisations with consid- erable knowledge of local government and decentralisation matters nominated by the Minister; and

(m) two women with considerable knowledge of local govern- ment and decentralisation matters nominated by the Minister.

(2) The members of the Council shall be appointed by the President in accordance with article 70 of the Constitution.

(a) be responsible for matters of policy related to the management of the Service;

(b) ensure the proper and effective performance of the functions of the Service;

(c) approve a Scheme of Service, on the advice of the Public Services Commission, that prescribes the terms and conditions of service of the employees of the Service;

(d) recommend the remuneration of the employees of the Service to the Fair Wages and Salaries Commission;

(e) develop policy guidelines to handle matters related to the recruitment, training, promotion, discipline, arbitration and petition within the Service;

(f) set performance standards within which the District Assemblies and Regional Co-ordinating Councils shall perform their functions and discharge their duties;

(g) monitor and evaluate the performance standards of District Assemblies and Regional Co-ordinating Councils;

(h) ensure the development and co-ordination of the personnel plans and assessment of the personnel needs of the District Assemblies;

(i) ensure the development and co-ordination of the training implementation plans of District Assemblies;

(j) ensure the development of professional standards and guide- lines for the various categories of staff who are members of the Service; and

(k) perform other functions that may be assigned to it under this Act or any other enactment.

55. (1) A member of the Council shall hold office for a period of not more than four years and is eligible for re-appointment but that member shall not be appointed for more than two terms.

(3) A member of the Council may, at any time, resign from office in writing addressed to the President through the Minister.

(4) A member of the Council, other than the Head of the Local Government Service, who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council.

(5) The President may by letter addressed to a member revoke the appointment of that member.

(6) Where a member of the Council is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy.

the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.

56. (1) The Council shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson.

(2) The chairperson shall at the request in writing of not less than one-third of the members of the Council convene an extraordinary meeting of the Council at the place and time determined by the chairperson.

(3) The chairperson shall preside at the meetings of the Council and in the absence of the chairperson, a member of the Council other than the Head of the Local Government Service elected by the members present from among their number shall preside.

(4) Matters before the Council shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.

(5) The Council may co-opt a person to attend a meeting of the Council but that person shall not vote on a matter for decision at the meeting.

(6) The validity of an act of the Council shall not be invalidated by reason of a vacancy in the membership of the Council or a defect in the appointment of a member.

57. (1) A member of the Council who has an interest in a matter for consideration shall

(a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and

(b) not be present at or participate in the deliberations of the Council in respect of the matter.

(2) A member ceases to be a member of the Council if that member has an interest in a matter before the Council and

(b) fails to recuse himself or herself and participates in the deliberation of the Council in respect of the matter.

58. (1) The Council may establish committees consisting of members of the Council or non-members or both to perform a function.

59. Members of the Council and members of a committee of the Council shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.

60. The President may give directives to the Council on matters of policy and the Council shall comply.

61. The President may delegate the power of appointment under this Act in accordance with Article 195 of the Constitution.

62. (1) The President shall in accordance with Article 195 of the Constitution appoint a Head of the Local Government Service.

(2) The Head of the Local Government Service shall hold office on the same terms and conditions as the Head of the Civil Service.

63. (1) The Head of the Local Government Service is the head of the Office of the Head of the Local Government Service and is subject to the general directions of the Council.

(2) The Head of the Local Government Service is responsible for the efficient organisation and management of the Service and for the day to day operation of the Office of the Head of the Local Government Service.

(3) The Head of the Local Government Service may delegate the functions of the Office to an officer of the Service but shall not be relieved from ultimate responsibility for the performance of the delegated function.

(a) provide leadership and guidance in the performance of the functions of the Service and the implementation of the decisions of the Council;

(b) ensure the effective organisation and development of training programmes consistent with the sectoral requirements of the Service;

(c) establish systems of effective inter-service and sectoral collaboration and co-operation between the Service and other public services to harmonise local government
programmes and avoid duplication with the approval of the Council; and

(d) initiate plans and programmes within the Service, for the consideration and approval of the Council to accelerate the decentralisation process in accordance with the Constitution and any other enactments.

64. The Local Government Service Secretariat in existence before the commencement of this Act shall be known as the Office of the Head of the Local Government Service.

(c) provide technical and other support to the Service and to the Council for the performance of their functions;

(f) perform any other functions that are incidental to the effective operation of the Service.

66. (1) The President shall in accordance with Article 195 of the Constitution appoint a Chief Director of the Office of the Head of the Local Government Service to be the chief adviser to the Head of the Local Government Service.

(2) The Chief Director shall have the same terms and conditions as-a Chief Director of the Civil Service.

67. (1) The President shall, in accordance with Article 195 of the Constitution, appoint other staff of the Local Government Service that are necessary for the proper and effective performance of the functions of the Service.

(2) The Council may engage the services of consultants or advisers on the recommendation of the Head of the Local Government Service.

68. (1) Other public officers may be transferred or seconded to the Local Government Service.

(2) The Council shall approve the transfer or secondment to the Office of the Head of the Local Government Service.

Expenses and Reports of the Council and the Office of the Head of the Local Government Service

69. The expenses of the Office of the Head of the Local Government Service, including the administrative expenses, salaries, allowances, operational and other expenses as well as retirement benefits payable in respect of persons employed for and by the Office of the Head of the Local Government Service, shall be a charge on the Consolidated Fund.

70. (1) The Head of the Local Government Service shall prepare and submit to the Minister responsible for Finance through the Minister, the budget estimates of revenue and expenditure to be incurred by the Council and the Office of the Head of the Local Government Service for the next financial year not later than three months before the end of each financial year.

(2) The budget estimates shall be in the form approved for that purpose by the Minister responsible for Finance.

71. (1) The Council shall keep books of account and proper records in relation to them in the form approved by the Controller and Accountant- General

(2) The Council shall submit the accounts of the Service to the Auditor-General for audit within three months after the end of the financial year.

(3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Council.

72. (1) The Council shall, within one month after the receipt of the audit report, submit an annual report covering the activities and operations of the Service for the year to which the report relates to Parliament.

(3) The Council shall also submit to Parliament through the Minister any other reports which Parliament may require.

73. There shall be an Office of the District Assembly for each District Assembly.

74. The Office of the District Assembly is responsible to the District Assembly in the performance of its functions.

75. (1) There shall be a District Co-ordinating Director for each District Assembly who

(2) The District Co-ordinating Director shall be appointed by the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission.

(4) The District Co-ordinating Director shall ensure that the functions and responsibilities of the Office of the District Assembly are efficiently and effectively carried out.

(5) The District Co-ordinating Director is answerable to the District Chief Executive in the performance of the functions of the District Co-ordinating Director.

(6) Staff of the Office of the District Assembly are answerable to the District Chief Executive through the District Co-ordinating Director.

76. (1) The Office of the District Assembly shall have the staff that are necessary for the proper and effective performance of its functions.

(2) Until legislation provides for the appointment of the staff of the Office of the District Assembly by the District Assembly, the staff of the District Assembly shall be appointed by the Head of the Local Government Service.

(3) The Head of the Local Government Service may delegate the powers to the District Assembly in respect of specified categories of staff.

(4) A District Assembly shall establish a five member District Appointments Advisory Committee chaired by the District Co-ordinating Director to be responsible for the appointment of staff of the District Assembly with the prior approval of the Head of the Local Government Service.

(5) The Head of the Human Resource Department shall be the Secretary to the Appointments Advisory Committee.

(6) The members of the District Appointments Advisory Committee shall not be members of the District Assembly.

(7) The staff of the Office of the District Assembly shall perform the functions assigned to them under this or any other enactment.

(8) The staff of the Office of the District Assembly shall be appointed on the terms and conditions that the Head of Service on the advice of the Council acting in consultation with the Public Services Commission determines.

77. (1) The sectors listed in the First Schedule are the decentralised public service sectors.

(2) The President may amend the Third Schedule by Executive Instrument and shall specify which of the functions of the decentralised public service sectors are to be performed by the District Assembly in the same Executive Instrument or another one.

78. (1) The Departments listed in the Second Schedule are the Departments of the District Assembly.

(2) The Departments specified in the first column of the Third Schedule shall cease to exist in their present form and shall form part of the Departments specified in the second column of the Third Schedule.

(3) A District Assembly shall establish the Departments specified in the first column of the Fourth Schedule and consequently, the Departments specified in the second column of the Fourth Schedule shall cease to exist after the coming into force of this Act.

(5) The Departments of the District Assembly shall be headed by Heads of Departments who are responsible for the proper and effective performance of their functions.

(6) The Heads of Departments of the District Assembly shall be responsible to the District Chief Executive through the District Co-ordinating Director.

(7) The Head of the Local Government Service shall issue administrative instructions that specify

(b) the details of the reporting relationships between the Heads of Departments of a District Assembly, the District Co-ordinating Director and the District Chief Executive; and

(c) the details of the reporting relationships between the Departments of the District Assembly, the Sub-Committees of the Executive Committee of the District Assembly, the Executive Committee of the District Assembly and the District Assembly.

79. (1) The Departments of the District Assembly shall have the staff that may be necessary for the proper and effective performance of their functions.

(2) Until legislation provides for the appointment of the staff of the District Assembly by the District Assembly, the staff of the Departments of the District Assembly shall be appointed by the Head of the Local Government Service in consultation with the Public Services Com- mission.

(3) The Head of the Local Government Service may delegate the power of appointment to the District Assembly in respect of specified categories of staff.

(4) The staff of the Departments of the District Assembly shall perform the functions that are assigned to them under this Act or any other enactment.

(5) The staff of the Departments of the District Assembly shall be appointed on the terms and conditions that the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission determines.

(a) perform the functions assigned to them under the Local Government (Departments of District Assemblies) (Commencement) Instrument, 2009 (L.I. 1961) and any other enactment for the time being in force;

(b) be responsible for the implementation of the decisions of the District Assembly; and

(c) provide quarterly reports on the implementation of the decisions of the District Assembly to the Executive Committee of the District Assembly through the Office of the District Chief Executive.

District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation

Collaboration and co-operation between Departments of District Assemblies and other organisations

81. (1) Departments of a District Assembly shall collaborate and co-operate with non-decentralised departments, state-owned enterprises and public corporations operating in the district to ensure a co-ordinated approach to the development and management of the district, avoid duplication and ensure a more convenient and cost-effective implementation of programmes and projects.

(2) The District Chief Executive shall play the lead role in the system of collaboration and co-operation with other sectors.

(3) The Heads of Departments of the other sectors shall attend meetings and participate in the deliberations of the Sub-Committees of the Executive Committee of the District Assembly, the Executive Committee of the District Assembly and the District Assembly to which they are invited.

-(4) The Heads of the other sectors shall provide information on any matter affecting their sectors reasonably requested by the District Chief Executive, the District Co-ordinating Director or Head of a Department of the District Assembly.

82. (1) Each District Assembly is hereby established as the planning authority for its area of authority for the purposes of national economic planning.

(2) The District Assembly as the planning authority for the district shall perform any planning functions conferred on it by this Act or any other enactment.

(a) initiate and prepare district development plans and settlement structure plans in the manner prescribed by the Commission,

(b) ensure that the district development plans and the settlement structure plans are prepared with the full participation of the local community;

(i) development planning matters in the district that include studies on economic, social, spatial, environmental, sectoral and human settlement issues and policies; and

(ii) the mobilisation of human and physical resources for development in the district;

(d) initiate and co-ordinate the process to plan, programme, budget and implement a district development plan, programme or project;

(e) integrate and ensure that sector and spatial policies, plans, programmes and projects of the district are compatible with each other and with national development objectives issued by the Commission;

(f) synthesise the policy proposals on development planning in the district into a comprehensive framework for the economic, social and spatial development of the district including human settlements and ensure that the policy proposals and projects are in conformity with the principles of sound environmental management;

(g) monitor and evaluate the development policies, programmes and projects in the district; and

(h) provide the Commission with the data and information that the Commission may require.

(2) Despite subsection (1) (a), the planning authority of a District Assembly shall prepare a settlement structure plan in accordance with the provisions of any enactment on planning relevant to the preparation of the settlement structure plan.

(3) The Heads of Departments of a District Assembly and the Heads of other sectors shall collectively prepare a draft Strategic District Development Plan to form the basis of a District Development Plan.

(4) The Commission shall issue guidelines and manuals for the operation of District Planning Co-ordinating Units.

84. (1) There shall be established a District Planning Co-ordinating Unit for each District Assembly.

(2) A District Planning Co-ordinating Unit shall comprise the Heads of Departments of a District Assembly and any other person that the District Planning Authority may deem fit.

(3) The Heads of other sectors shall attend meetings of the District Planning Co-ordinating Unit and participate in the preparation of the District Development Plan.

(4) The District Co-ordinating Director shall lead the District Planning Co-ordinating Unit

(5) Each District Planning Authority shall have a District Planning
Officer who shall be the secretary to the District Planning Co-ordinating
Unit.

(a) the provision of advice and a secretariat for the District Planning Authority in respect of its planning, programming, monitoring, evaluating and co-ordinating functions;

(b) the co-ordination of planning activities of the Departments of the District Assembly and other appropriate agencies connected with the planning process;

(c) synthesising the strategies related to the development of the district into a comprehensive and cohesive framework;

(d) formulating and updating the components of a District Development Plan; and

86. (1) The Commission shall prescribe the format for a District Development Plan.

(2) Each proposed District Development Plan shall be submitted through the Regional Co-ordinating Council to the Commission for considera tion.

(a) determine the compatibility of District Development Plans with national development objectives; and

(b) where the District Development Plans are approved incorporate them into the National Development Plan.

(4) A District Assembly shall not make modifications to an approved District Development Plan without the prior approval of the Commission.

87. (1) A District Planning Authority shall prepare or direct the prepa- ration of a Sub-District or Local Action Plan that may be required for the implementation of an approved District Development Plan unless the Commission otherwise determines.

(2) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall prepare the Sub-District Plan or Local Action Plan in accordance with

(3) A Sub-District Plan or Local Action Plan is subject to the approval of the District Planning Authority.

(4) Despite subsection (3), the Commission may call for the plans made under subsections (1) and (2) for consideration and may modify the plans as it considers appropriate.

Public bearing of District Development Plans, Sub-District and Local Action Plans

88. (1) A District Planning Authority shall conduct a public hearing on a proposed District Development Plan and shall consider the views expressed at the hearing before the adoption of the proposed District Development Plan.

(2) The Heads of Departments of a District Assembly and other sectors shall attend and participate in a public hearing in respect of a District Development Plan.

(3) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall conduct a public hearing before the adoption of the proposed Sub-District Plan or Local Action Plan.

(4) A District Planning Authority shall attach a report on the outcome of a public hearing to the proposed District Development Plan.

(5) The Commission may, by legislative instrument, prescribe the manner in which the public hearing shall be conducted.

89. A person who is aggrieved by a matter related to the performance of a function of a District Planning Authority may seek redress in accordance with the grievance procedure as prescribed by the Commission.

90. Sections 91 to 107 of this Act shall apply to the extent that they are not inconsistent with the Land Use and Spatial Planning Act, 2016, (Act 925).

91. (1) A person shall not carry out a physical development in a district except with the prior written approval in the form of a written permit issued by the District Planning Authority.

(2) A District Planning Authority may approve an application referred to in subsection (1), before the adoption of an approved District Development Plan for the district.

(3) A District Planning Authority shall consult public agencies and local communities as may be prescribed by Regulations issued by the Minister in the determination of an application for a permit to develop prior to the adoption of an approved District Development Plan.

92. (1) A District Planning Authority may levy a development charge in respect of a permit to carry out a physical development.

(2) Development charges shall be utilised for the provision of infrastructure and services.

(3) Development charges shall be rated by, payable to and collected by the District Planning Authority to the exclusion of any other body, except in the case of land estates where other specific bodies take responsibility to provide infrastructure and services.

93. (1) A District Planning Authority may issue a permit for physical development with conditions or without conditions.

(2) Where a District Planning Authority refuses to issue a permit, or issues a permit with conditions, that District Planning Authority shall provide reasons in writing in each case.

(3) A District Planning Authority may revoke a permit to develop or impose additional conditions in respect of a permit already issued.

(4) Where a District Planning Authority makes a decision under subsection (3), the District Planning Authority shall, subject to the receipt of a claim, pay compensation as it may determine to the affected person.

(5) The following activities and any other action, programme or project shall not require prior written approval from a District Planning Authority unless the proposed activity obstructs or interferes with a community right of space:

(b) farming in any settlement that comprises a population of not more than five thousand; and

(6) Despite subsection (1), members of the community may regulate activities specified in that subsection.

(a) a physical development has been carried out without a permit or is being carried out without a permit, or

(b) conditions incorporated in a permit are not complied with, a District Planning Authority shall give written notice in the form that shall be prescribed by Regulations, to the owner of the land to require that owner on or before a date specified in the notice to show cause in writing addressed to the District Planning Authority why the unauthorised
physical development should not be prohibited, altered, abated, recovered or demolished.

(2) If the owner of the land fails to show sufficient cause why the development should not be prohibited, altered, abated, removed or demolished, the District Planning Authority may carry out the prohibition, abatement, alteration, removal or demolition and recover any expenses incurred from the owner of the land as if it were a debt due to the District Planning Authority.

(3) A District Planning Authority may issue an enforcement notice that demands the immediate stoppage of work that is being carried out contrary to this Act or the terms of an approved development plan.

(4) A person who fails to comply with a notice to stop work commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to an additional fine of not more

than four penalty units for each day that the contravention continues, after written notice has been served on the offender.

(a) prohibit, abate, alter, remove or demolish a physical development that does not conform to an approved District Development Plan;

(b) abate, alter, remove, or demolish a physical development for the implementation of an approved District Development Plan;

(c) prohibit the use of any land or building for a purpose or in a manner that is contrary to an approved District Development Plan; or

(d) execute any work a person is expected to carry out under an approved District Development Plan, where a delay in the execution of the work has occurred and the efficient operation of the approved plan has or will be prejudiced.

(2) A District Planning Authority shall serve notice in the form prescribed by Regulations on the owner of the land in respect of the action the Authority proposes to take.

(3) A notice referred to in subsection (2) shall state the nature of and the grounds upon which the District Planning Authority proposes to take the action.

96. (1) A District Planning Authority may serve notice on a person to abate a nuisance within a specified time where substantial injury to the environment, amenity, public health or the economy has been caused by the nuisance or is likely to be caused from the action or inaction of that person.

(2) The notice shall specify the nuisance and the steps required to be taken to abate the nuisance.

(3) If a notice issued by a District Planning Authority is not complied with, that District Planning Authority may carry out the abatement and recover the costs from the person who caused the nuisance or the owner of the land where the nuisance is occurring.

(4) The costs of the District Planning Authority shall be recovered as if they were a debt owed by the person to the District Planning Authority.

Enforcement against unauthorised development in respect of community right of space

97. (1) A District Planning Authority may effect or carry out an instant prohibition, abatement, alteration, removal or demolition of any unauthorised development carried out or being carried out that encroaches or will encroach on a community right of space or that interferes or may interfere with the use of the space.

(2) The action to stop the encroachment on the community right of space shall be without prior notice.

(a) whose property is adversely affected by the commencement of an operation for the execution of an approved development plan, or

(b) who, for the purpose of complying with an approved development plan incurs an expense

(i) by a subsequent revocation or modification of the District Development Plan, or

(ii) by a subsequent revocation or variation of a development permit issued that person by a District Planning Authority, or

(c) who is aggrieved by a decision, action or policy related to an approved District Development Plan or the enforcement of the plan

may lodge a claim for redress or compensation with the District Planning Authority within six months after the date of approval of the District Development Plan, or the revocation or variation of a permit or of the taking of the decision or action complained of.

99. (1) A Regional Minister shall appoint an Appeals Advisory Committee that is considered necessary to determine a dispute concerning a District Development Plan.

(6) A District Planning Authority shall utilise a recovered amount under this section for the provision of infrastructure and utility services.

103. (l)An allocation of land shall be null and void if the purpose or use for which the allocation is made is contrary to an approved Development Plan.

(2) A landowner shall not sub-divide or allocate land for use, development or occupation in a town, city or the suburb of a town or city or in an area where there is an approved planning scheme except in consultation with the District Planning Authority or a sub-district acting on behalf of the District Planning Authority.

(3) A person who allocates, transfers, sells or develops land for a use or a purpose that is contrary to an approved development plan, settlement structure plan, action plan or programme, commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment.

(4) A District Planning Authority may revise an approved Development Plan in order to accommodate a proposed non-conforming allocation if it is satisfied that the accommodation or revision is in the public interest.

104. (1) A District Planning Authority may make building by-laws within the scope of national building requirements provided under an enactment and shall in particular make provision for

(a) the control of the construction of buildings, streets, hoardings, fences and signboards;

(b) the execution of work in relation to existing buildings, structures and streets;

(e) any other matters referred to the District Planning Authority for guidance, as set out in the Fifth Schedule.

(2) The by-laws may be made with respect to the district generally or with respect to a particular area, building or work in the district.

105. The Minister responsible for Works and Housing may, in consultation with the Minister responsible for the Environment, by legislative instrument, prescribe national building regulations to be complied with by a District Planning Authority in the making of a by-law for the district.

106. (1) A person shall obtain a building permit from a District Planning Authority before undertaking the construction of a building or other structure or undertaking any other work.

(3) A District Planning Authority may give notice in writing in the form set out in the Sixth Schedule, to an owner, occupier or developer of premises, if the owner, occupier or developer

(a) the owner, occupier or developer to show sufficient cause why the building, structure or work should not be removed, altered or demolished on or before the day specified by the District Planning Authority; and

(b) a written response by the owner, occupier, developer or duly authorised agent to be served on the District Planning Authority.

(5) If the owner, occupier or developer fails to show sufficient cause why the building, structure or other work should not be removed, altered or demolished, the District Planning Authority shall by notice order the owner, occupier or developer within one month to remove, alter or demolish the building, structure or other work at a personal cost.

(6) If the owner, occupier or developer fails to comply with the order of the District Planning Authority within the one month, the District Planning Authority may carry out the removal, alteration or demolition and shall be entitled to recover the expense incurred by the District Assembly from the owner, occupier or developer as a debt owed
to the District Assembly.

(7) A person who contravenes the terms of a permit, commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to a fine of not more than four penalty units or each day that the contravention continues after written notice of the contravention has been served on the offender.

107. (1) A District Assembly shall by by-law specify which buildings plans are required to be prepared by or under a registered architect or engineer or an architectural draughts man licenced under an enactment and shall specify the types of buildings or special areas of a district for the designed plans.

(2) There shall be no restriction as to the person to design or sign the plan of a single-storey traditional building characteristic of a rural area or part of an urban area.

(3) A person shall not submit the plan of a building which may be required to be submitted under sub-section (1) unless the plan has been prepared by or under the supervision of and signed by a person registered as an architect or an engineer under any enactment in force to \a District Planning Authority.

108. A District Planning Authority may delegate any of its functions on land use and spatial planning to a Sub-Metropolitan District Council, Urban Council, Zonal Council, Town or Area Council or Unit Committee in writing.

109. (1) A District Planning Authority may request a person to furnish it with information required for the performance of its functions within a specified time.

(2) A person who without lawful excuse fails to comply with a request for information or furnishes information that that person knows to be false, commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than one hundred penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment.

110. (1) An authorised officer of a District Planning Authority may enter land or a building in a district to carry out an inspection, survey, study, examination or investigation for a District Planning Authority.

(2) The authorised officer of the District Planning Authority shall give reasonable notice to the owner or occupier of the land or building before exercising a power of entry.

111. An employee of a District Assembly or a person acting under the direction or authority of a District Assembly shall not be personally liable for an act done in good faith in the performance of a function or the execution of a duty concerned with the planning functions of a District Assembly.

112. A District Assembly may provide emergency, disaster prevention and relief services in addition to any powers conferred by another enactment.

District Assemblies to prepare response plans to make by-laws for emergency, disaster prevention and relief services

113. (1) A District Assembly shall prepare a response plan and make by-laws where necessary for emergency, disaster prevention and the provision of relief services for its area of authority.

(2) The response plan and by-laws shall include mitigation, preparedness, response, and recovery measures.

114. A District Assembly shall co-ordinate the activities of the Services, Organisations and Departments referred to as designated agencies and listed in the Seventh Schedule, in the implementation of response plans and by-laws.

115. The designated agencies shall do what is reasonably necessary in a district to deal with an emergency, prevent a disaster or provide relief services.

116. A District Assembly shall exercise the powers in sections 112 to 115 where the emergency relates to the provision of fire services.

(a) enter and if necessary, break into any premises or place in which a fire has broken out or is believed to have broken out, to extinguish or deal with the fire;

(b) do any act on the premises or place that may be necessary to extinguish or deal with the fire;

(iii) to lay or maintain pipes and carry out other works in connection with the use of the water.

(2) The designated agency shall give reasonable notice to the occupier whenever practicable before proceeding to exercise any of the powers to enter land or premises for purposes of managing a fire.

118. A designated agency may close any street to traffic or stop or regulate the traffic in any street whenever it is reasonably necessary to deal with an outbreak of fire or an emergency situation.

119. A person who wilfully obstructs or interferes with the functions of a designated agency in relation to an emergency, disaster prevention and relief services or the provision of fire services, commits an offence and is liable on summary conviction to a me of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six
months or to both the me and term of imprisonment and in the case of a continuing offence to a further me of not more than one penalty unit for each day on which the offence continues.

120. A person who knowingly or without lawful authority gives or causes to be given a false alarm of fire, commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty- five penalty units and not more than one hundred and fifty penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment.

121. (1) A District Assembly may appoint a committee to enquire into the origin of a fire within its area of authority.

(2)The committee shall have the powers of a District Court when holding an enquiry under this section.

(3) The Attorney-General, Inspector-General of Police or any person authorised by the Attorney-General or the Inspector-General of Police or an interested person who has the permission of the Committee, may attend the enquiry to examine or cross-examine a witness or request that a witness be examined.

(4) Any enactment for the time being in force related to witnesses in a trial before the District Court shall apply to witnesses at the enquiry.

(5) The committee shall record its findings stating its reasons for the findings after the conclusion of an enquiry under this section.

(6) The committee shall submit a report of its findings that includes the award of compensation if any and by whom payable, to the District Assembly.

(7) A person aggrieved by a decision of the Committee may appeal to the District Assembly to review the decision of the Committee.

(a) the aggregate revenue and expenditure of the Office of the District Assembly, the Departments of the District Assembly; and

(b) the budget for the annual development plans and programmes of the Departments of the District Assembly.

123. (1) Each District Assembly is responsible for the preparation, administration and control of the budgetary allocation of the Office of the District Assembly and the Departments of the District Assembly.

(2) Each District Assembly shall before the end of each financial year, submit to the Regional Co-ordinating Councils, the detailed budget for the respective district that states the estimated revenue and expenditure of the District Assembly for the ensuing year.

(3) The Regional Co-ordinating Council shall collate and co- ordinate the budgets for the districts in the region and shall submit same to the Minister responsible for Finance.

(c) any other revenue transferred from the central Government to the District Assembly.

(4) A District Assembly shall open and maintain a bank account for revenues and other moneys raised or received by it.

(5) A District Assembly may borrow to finance projects in accordance with relevant laws.

(6) For the purposes of this section "grants" means donations being funds paid directly to a District Assembly by a development partner.

125. (1) In accordance with Article 252 of the Constitution there shall be a Fund to be known as the District Assemblies Common Fund.

(b) any interests and dividends that accrue from the investments of moneys from the Common Fund.

(2) The allocation made by Parliament shall be paid into the Common Fund in quarterly instalments.

(3) The moneys that accrue to the Common Fund shall be distributed among the District Assemblies on the basis of a formula approved by Parliament.

(4) The Administrator of the Common Fund shall submit proposals for the formula to Parliament for consideration within three months after the end of each financial year.

126. (1) Parliament shall annually allocate not less than five per cent of the total revenue of the country to the District Assemblies for development.

(2) The total revenues of the country includes the revenues collected by or accruing to the central Government other than foreign loans and foreign grants, non-tax revenue, petroleum revenue paid into the Petroleum Holding Fund under section 3 of the Petroleum Revenue Management Act, 2011 (Act 815) and revenues already collected by or for District Assemblies under any enactment.

(3) The Minister shall, in consultation with the Minister responsible for Finance, determine the category of expenditure of the approved development budget of District Assemblies that must in each year be met out of amounts received by the District Assemblies from the District

127. (1) The President shall, acting in consultation with the Council of State and with the approval of Parliament appoint a District Assemblies Common Fund Administrator.

(2) The Administrator shall hold office for four years and is eligible for re-appointment.

(3) The salary and allowances payable and the facilities and privileges available to the Administrator shall be determined by the President in accordance with clause (1) of article 71 of the Constitution.

128. (1) The office of the Administrator becomes vacant where the Administrator

(2) The President acting inconsultation with the Council of State may remove the Administrator from office for a just cause.

(a) propose a formula annually for the distribution of the Common Fund for approval by Parliament;

(b) administer and distribute moneys paid into the Common Fund among the District Assemblies in accordance with the formula approved by Parliament;

(c) report in writing to Parliament on how allocations made from the Common Fund to the District Assemblies have been utilised by the District Assemblies; and

130. (1) The Administrator may invest the moneys in the Common Fund in securities pending the distribution of moneys in the Common Fund.

(2) The Administrator shall report to Parliament on investment made under subsection (1).

131. (1) There shall be appointed by the President for the Common Fund, such staff as may be required for the effective performance of the functions of the Office.

(3) The President may delegate his powers under this section to the Administrator.

132 -. (1) The expenses incurred by the Common Fund shall be a charge on the Common Fund as approved by Parliament.

(2) Charges including bank charges on transfers and charges on interest shall be charged on the Common Fund.

(3) For the purposes of this section, "expenses" include salaries and allowances.

133. (1) The Administrator shall keep books of account and proper records in relation to the accounts of the Common Fund in the form approved by the Auditor-General.

(2) The Administrator shall submit the accounts of the Common Fund to the Auditor-General for audit within three months after the end of the financial year.

(3) The Auditor-General shall, not later than three months after the end of the financial year, audit the accounts and forward a copy of the audit report to Parliament.

134. (1) The Administrator shall, within one month after the receipt of the audit report, submit an annual report to Parliament covering the activities and the operations of the Fund for the year to which the report relates.

(2) The annual report shall include the report of the Auditor- General and shall include the manner in which the Administrator has distributed the moneys lodged in the Common Fund.

135. Any person or District Assembly dissatisfied with the performance of the functions of the Administrator may submit a complaint to the Commission on Human Rights and Administrative Justice.

136. Nothing shall prohibit the Government or any other body from making grants in-aid or transferring other resources to a District Assembly.

137. (1) A District Assembly may charge fees for a licence issued by or on behalf of the District Assembly, subject to guidelines in respect of the-charging of fees for licences, as may be prescribed by the Minister.

(2) Despite the provisions of any enactment to the contrary, any revenue from licences issued to the economic operators listed in the Eighth Schedule shall be collected exclusively by or for a District Assembly.

138. (1) The owner or a person in possession of a vehicle of a type mentioned in the Ninth Schedule used within a district shall obtain a licence for the vehicle from the District Assembly and pay the fee required by the by-law.

(2) A vehicle for which a licence is issued shall have affixed on it the number plate assigned to the vehicle by a District Assembly.

(3) A licence shall not be issued by the District Assembly for a vehicle which the District Assembly is satisfied is in a condition that may endanger a person or property or cause unnecessary suffering to an animal drawing it.

(4) The owner or person in charge of a vehicle who fails to affix or keep affixed a number plate issued by the District Assembly, commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units and to a further fine of one penalty unit for each day that the offence continues.

139. A person shall not undertake or do any of the acts or things specified in the Tenth Schedule within a district unless the person has obtained a licence from the District Assembly for that purpose and paid the fee specified in the by-law.

140. (1) A licence from a District Assembly may be issued subject to conditions specified in a by-law or, where there is no provision in a by- law, conditions that the District Assembly may consider fit.

(2) Any condition stipulated in a by-law or by a District Assembly shall be endorsed in detail or by reference on the licence.

(b) revenue from levies and fees charged in respect of activities listed in the Eleventh Schedule shall be collected exclusively by or for the District Assembly.

142. (1) A District Assembly shall collect the taxes chargeable on the income of the income earners listed in the Twelfth Schedule.

(2) The Minister may, in consultation with the Minister responsible for Finance and subject to the terms and conditions agreed upon with an appropriate public body, authorise that the public body collect taxes imposed on the income earners specified in the Twelfth Schedule on behalf of the District Assembly.

143. (1) A District Assembly may in consultation with the Minister responsible for Finance invest any portion of moneys of the District Assembly in safe securities other than Government treasury bills.

(2) Income from the investment made under subsection (1) shall constitute part of the revenue of the Assembly.

144. A District Assembly shall be the only authority to levy rates for a district despite any customary law to the contrary.

145. (1) A District Assembly shall levy sufficient rates to provide for the total estimated expenditure to be incurred by the District Assembly during the period in respect of which the rate is levied.

(2) A District Assembly may levy rates for an additional amount required to cover expenditure previously incurred by the District Assembly to meet contingencies or to defray any expenditure which needs to be defrayed.

(3) The additional rates may be made and levied before the date on which payment is received in respect of the immediate rates.

146. (1) A District Assembly shall levy general or special rates for the amount considered necessary to raise sufficient funds to meet expenditure.

(a) a rate payable by the owner of premises within the district on the rateable value of the premises; or

(b) a rate assessed on the possessions or any category of possessions of persons who reside within the district.

(a) a basic amount payable by any person of the age of eighteen years and above, but below the age of seventy years who resides within the area ;or

(b) an amount imposed on an owner of movable or immovable property in the area, but a District Assembly in fixing the basic rate, shall consult with district level stakeholders in the district.

(5) A person registered as a voter in a district may be required to pay rates imposed by the District Assembly for that district even if the person has not resided in the district.

(6) A general or special rate imposed on immovable property under this section shall be at a specified rate per Ghana Cedi on the rate- able value of the property but the amount per Ghana Cedi shall vary as between specified areas of the district, except that within a mixed development area, the amount per Ghana Cedi on rateable value shall vary in respect of property used for different purposes.

(7) Subject to the exemptions from and remission of rates, rateable premises shall be premises that comprise buildings, structures or similar development.

(8) The Minister shall in consultation with the Minister responsible for valuation cause to be determined by the Lands Commission or by a valuer appointed by the Lands Commission, the rateable value of premises and may cause a valuation list to be prepared for each district.

(9) The rateable value of premises shall be the replacement cost of the buildings, structures and other structural development that comprises the premises after the deduction of the amount it would cost at the time of valuation to restore the premises to a condition in which they would be as serviceable as they were when new.

(a) more than fifty per cent of the replacement cost for the premises that are owner-occupied; and

(b) not be less than seventy-five per cent of the replacement cost in any other case.

(11) The Minister may, by legislative instrument, prescribe either generally or in respect of any particular district, a basis for the assessment of rateable value of premises.

(12) The rateable value prescribed by the Minister shall not apply where the Minister causes the Lands Commission to determine the rateable value and where the rateable value of the building is the replacement cost.

147. A rate shall be deemed to have been levied by the publication of a notice in the manner prescribed by Regulations made by a resolution of the rating authority.

148. When a rating authority has given notice of a rate, a person liable to pay the rate, shall pay the amount to a rate collector or other person duly appointed or authorised by the District Assembly concerned to collect and receive the rate at the time and place specified by the rating authority.

(a) premises appropriated exclusively for the purpose of public worship and registered with the District Assembly;

(c) charitable or public educational institutions registered with the District Assembly;

(e) premises owned by diplomatic missions approved by the Minister responsible for Foreign Affairs.

(a) persons who are in attendance at an educational institution who do not receive any remuneration or income during that period, other than an allowance, loan or other grant provided for purposes of education including any sum received by a person in respect of temporary employment undertaken by the person during vacation from an educational institution; and

(3) The rating authority may reduce or remit payment of any rate on account of the poverty of a person liable to pay the rate.

(4) A person who has paid the amount of the rate payable in respect of premises that have been demolished or removed during any financial year, may apply to a rating authority to be refunded a proportion of the amount paid that the rating authority considers reasonable having regard to the circumstance except that where the demolition or removal is by order of the District Assembly or a court, a refund shall not be made unless the owner of the premises has given notice in writing to the District Chief Executive within fourteen days after the demolition or removal.

151. (1) A claim for the amount of any rate payable shall have priority over any other claim against the person liable to pay the rate, except claims by the Government, unless specifically provided in any other law.

(2) A District Assembly concerned, may recover any rate payable together with appropriate penalties as a civil debt with costs or may prosecute a defaulting ratepayer for wilful default to pay rates together with appropriate penalties where a person fails to pay the rate due on or before the date on which it is payable.

(3) In proceedings to recover a rate levied, the rate books and other records of the District Assembly concerned and any certified copies of entries purporting to be made in them signed by the District Chief Executive and sealed with the seal of the District Assembly shall be evidence at first instance of the rate and of the matters stated in them.

152. The amount of a general or special rate due in respect of any premises shall, until paid, be a charge on the premises and that charge shall have priority over any other claims against the premises except claims of the Government.

153. (1) There shall be a Rate Assessment Committee for each district appointed by the Regional Minister on the recommendation of the District Assembly concerned.

(2) The Rate Assessment Committee shall consist of a chairperson and four other persons.

(3) A person aggrieved by a valuation of the Lands Commission. in respect of the rateable value of premises or by a rate imposed on the premises by a rating authority may apply for a review to the Rate Assessment Committee.

(4) The Rate Assessment Committee shall notify the rating authority of its decision.

(5) A person or rating authority aggrieved by a decision of a Rate Assessment Committee may appeal to the High Court.

154. (1) A District Assembly shall cause to be affixed on a conspicuous part of the premises a notice to the effect that if the amount of general or special rate payable in respect of premises is not paid within forty-two days after the date of the notice, proceedings will be taken for the sale of the premises to defray the amount if the rate is not paid within ten days after the date it is due, except if the aggrieved person has applied to the Rate Assessment Committee or appealed its decision to the High Court.

(2) Where a person who claims to be the owner of an assessed premises has given notice in writing to the District Assembly of the person's name and postal address, a notice shall not be affixed on the premises, until a written demand for payment of the rate due has been sent by registered letter by the District Assembly to the person and the person has defaulted for one month after the date of posting of the registered
letter.

155. (1) Where a person who has a registered mortgage on assessed premises has given the District Assembly notice in writing of the mortgage, a notice shall not be affixed on the mortgaged premises in respect of default in the payment of a general or special rate until a written demand for payment of the rate due on the premises has been sent by registered letter by the District Assembly to the mortgagee and default has been made for one month after the date of posting of the registered letter.

(2) The notice by the District Assembly shall contain the particulars of the mortgaged premises that are necessary to identify the premises and shall state the date and place of registration, the volume and page of the Land Register Book in which the mortgage is registered and the postal address of the mortgagee.

·156. (1) If the amount of the general or special rate due in respect of any premises is not paid within a period of forty-two days, the District Assembly may apply to a court for an order for the sale of the premises.

(2) The court shall order the premises to be sold to defray the amount of the rate due if satisfied that the notice for the amount payable has not been complied with and that the amount of the rate due in respect of the premises has not been paid.

(3) The court shall make this determination after hearing a representative of the District Assembly and any other person and considering any evidence produced.

(4) Premises ordered to be sold to defray the amount of the rate due shall be sold under the direction of the person authorised by the court.

(5) If at any time during proceedings but before the sale of the premises, payment of expenses properly incurred and the amount of the rate due is made, further proceedings shall cease.

(6) The court shall grant a certificate to the purchaser confirming the sale if the defaulter does not pay the rates and the premises are sold.

157. An agreement between a landlord and tenant shall not derogate from any obligation with respect to the enforcement of rate by a District Assembly.

158. (1) A person who without lawful justification or excuse, the proof of which lies on that person, refuses or wilfully neglects to pay any basic rate payable by that person on or after the date on which the rate is payable, commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of
imprisonment.

(2) A person who makes a false statement as regards the liability of that person, to pay rates, commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of imprisonment.

1"59. A person who incites any other person to refuse to pay any rate payable by that person or who assists a person to make a false statement as to the liability of the person to pay rates without lawful justification or excuse, the proof of which shall be on that person, commits an offence and is liable on summary conviction to a fine of not more than twenty five penalty units or to a term of imprisonment of not more than one
month or to both the fine and term of imprisonment.

160. A person who has not been authorised by a District Assembly and who collects or attempts to collect any rate commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty-five penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both the fine and term of imprisonment.

161. (1) Each District Assembly shall prepare and maintain proper records of rateable persons and tenements in its district.

(2) A District Assembly may, in writing, authorise any suitable person, to be a rate collector in respect of a specified area of a district.

(a) furnish the District Assembly concerned with a written nominal roll of every rateable person in the area in respect of which the rate collector has been authorised to collect
rates;

(b) collect and receive rates payable from each person liable for the payment of rates in the area;

(d) report any person who has failed to pay the amount due to the District Assembly concerned.

(a) fails to deposit with the District Assembly concerned any sum of money collected as rates,

(b) knowingly demands from any person an amount in excess \of the duly assessed rates,

(c) wilfully fails to carry out a duty imposed as a rate collector commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty-five penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both the fine and term of imprisonment without limiting liability for civil action by the District Assembly to recover what is due from the rate collector.

163. Proceedings to enforce the payment of rates or for the imposition of penalties for non payment of rate shall not limit the right of any other person or authority to institute criminal proceedings taken by the District Assembly responsible for the collection of the rates.

164. (1) Every public agency is liable to pay rates in respect of immovable property owned by it unless exempted from assessment and rating by law.

(2) Where the Government would have been liable to pay rates to a rating authority in respect of premises it owns if it were a private person, the Government shall pay to the Minister, instead of the rates, the sums that may be agreed between the Government and the Minister.

(3) The Minister shall distribute the amount paid to the rating authority in proportion to the value of government properties in the district.

165. (1) Every employer shall deduct a general or special rate imposed by a rating authority from the remuneration of each employee employed in the district of the rating authority and it shall be the duty of the employee to notify or remind the employer in writing when the deductions become due.

(a) the first instalment of the remuneration due to be paid to the employee after the publication of the notice of the rate;

(3) Any sums deducted from the remuneration of an employee shall be held by the employer on behalf of the rating authority and shall be paid by the. employer to that rating authority within thirty days after the deduction is made.

(b) an employee who to the knowledge of the employer, owns immovable property situated within the area to which the rate relates;

(c) an employee in respect of whom a rating authority has notified the employer in writing in connection with any rate imposed by that authority

(ii) that the employee owns immovable property within the area to which the rate relates; or

(iii) that the employee is a person required to pay by virtue of being a registered voter in that district despite the fact that the person does not reside in the district.

(5) An employer who fails to pay the amount of general or special rate deducted from the remuneration of an employee to the rating authority within the time stipulated, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment.

166. (1) Subject to section 161 on rate collectors, a rating authority may appoint a person by notice in writing to be the agent for the rating authority for the collection of specified basic rate payable by a person or persons of a class.

(b) hold the sums deducted on behalf of the rating authority and pay the moneys to the rating authority within fifteen days after the day on which the agent was appointed by
notice from the day on which the notice was served on that person.

167. A person is entitled to set off or refund for any sum paid as rates by. that person to a rating authority in respect of a deduction from remuneration by an employer or paid to an agent of a rating authority.

168. (1) A person who contravenes section 165 or section 166 commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment.

(2) A rating authority may proceed against an employer required to deduct and pay any rate to a rating authority or a person appointed as agent for the collection of any rates for an amount of rate as if the person was originally liable to pay the rate.

(3) The employer or agent shall be indemnified in respect of any act done in accordance with section 165 or section 166.

169. (1) A rating authority, rate collector, Rate Assessment Committee or any person authorised in writing by the rating authority, may request information from any person that may be reasonably required for the assessment or collection of rates.

(2) A person authorised in writing by a rating authority may on the production of written authority from a rating authority to enter any premises and request the production of books in the premises for inspection and may interview any person present on the premises that may be reasonably necessary at any reasonable time,

(b) ensure that an employer has been deducting rates from the remuneration of employees.

(a) fails to supply information requested without reasonable excuse the proof of which shall be on that person,

(b) supplies information on request that that person knows to be false or which the person has no reasonable grounds to believe to be true, or

(c) wilfully obstructs any authorised person in the performance of functions under this section

commits an offence and is liable on summary conviction to a fine of not less than one hundred and not more than two hundred penalty units or to a term of imprisonment for a term of not less than two months and not more than six months or to both the fine and term of imprisonment.

170. (1) A District Assembly may incur any expenditure necessary for or incidental to the carrying out of a function conferred on the District Assembly under this Act, or by the Instrument which established that District Assembly, but the expenditure shall be included in the approved budget for the District Assembly for the relevant year.

(2) For the avoidance of doubt, any moneys received by a District Assembly from the Common Fund shall be expended only on projects that form part of the approved development plan for the district.

171. (1) A District Assembly may write off any sum due and payable to that District Assembly from or by any person for sufficient cause which shall be an irrecoverable debt in anyone year, but this shall not exceed an amount to be determined each year by the Minister.

(2) A District Assembly shall inform the Minister in writing of the total sum written off and the reasons for doing so.

172. (1) Each District Assembly shall keep accounts and proper records in relation to the accounts and shall prepare immediately after the end of each financial year, a statement of its accounts in the form that the Auditor-General may direct.

(2) Each District Assembly shall publish at its own office including sub-district offices and in any other manner directed by the Minister,

three months after the end of the financial year to which the accounts relate or the receipt of the Auditor-General's report.

173. (1) The Minister may issue written instructions for the improved control and efficient management of the finances of District Assemblies after consultation with the Minister responsible for Finance.

(2) The instructions may be issued either generally or with respect to a particular District Assembly and shall be complied with by District Assemblies generally or the District Assembly concerned.

174. (1) A person authorised in writing by a sector Minister or the Regional Co-ordinating Council concerned shall, have access to and is entitled to inspect the books, accounts and records of a District Assembly related to the sector at any reasonable time.

(2) The person authorised in subsection (1) may advise the District Assembly on the books, account and records and submit reports on them to the Minister responsible for the sector and the Regional Co-ordinating Council.

(3) A person who wilfully obstructs an authorised person in the discharge of duties, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment and in the case of a continuing offence to a further fine of one penalty unit for each day on which the offence continues after written notice has been served on the offender.

(2) The staff of the Internal Audit Unit are members of the Local Government Service.

(3) The Head of the Local Government Service in appointing the staff of the Internal Audit Units of the District Assemblies shall have regard to the standards and procedures determined by the Internal Audit Agency established under the Internal Audit Agency Act, 2003 (Act 658).

(b) shall, at intervals of three months, prepare a report on the internal audit work carried out by the Unit during the three month period immediately preceding the preparation of
the report and submit the report to the Presiding Member of the District Assembly;

(c) shall make observations necessary as to the conduct of the financial affairs of the District Assembly during the period to which the report relates; and

(d) shall forward a copy of each report prepared by the Unit to the District Chief Executive, the Minister, the Internal Audit Agency, the Regional Co-ordinating Council and the Office of the Head of the Local Government Service.

(5) The Audit Report Implementation Committee of a District Assembly is responsible for the implementation of the recommendations of the internal audit reports.

176. (1) The Auditor-General or an auditor appointed by the Auditor- General shall, each year, audit the accounts of each District Assembly, together with the books, records, returns and other documents relevant to the accounts and the financial satetment.

(2) The Auditor-General shall, each year, submit a report to the Minister, Parliament and the relevant District Assembly on the accounts of the District Assembly, together with the books, records, returns and other documents relevant to the accounts and the annual statement of the accounts.

(3) The Auditor-General shall, in the report submitted under sub- section (2), draw attention to any irregularities in the accounts audited.

(4) The provisions on audit in a District Assembly shall be subject to any other enactment in relation to the audit of public accounts and the functions of the Auditor-General.

(5) The District Assembly shall take the Auditor-General's report into consideration at its next ordinary meeting or as soon as practicable after that.

(6) The Audit Report Implementation Committee of a District Assembly is responsible for the implementation of the recommendations of the Auditor-General.

177. (1) The Auditor-General may disallow any item of expenditure which is contrary to this Act and surcharge

(a) the amount of any expenditure disallowed on the person responsible for incurring or authorising that expenditure;

(b) any sum that has not been duly brought into account on the person by whom the sum ought to have been brought into account; or

(c) the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.

(2) A person aggrieved by a disallowance or surcharge made by the Auditor-General may appeal to the High Court not later than thirty days after the Auditor-General has given notice of the disallowance or surcharge.

(3) A sum certified by the Auditor-General to be due from any person shall be paid by that person to the District Assembly or other body concerned within thirty days after it has been certified or, if an appeal with respect to that sum has been made within thirty days, after the appeal is finally disposed of or abandoned or fails by reason of non-prosecution.

178. (1) A sum which is certified by the Auditor-General to be due and which has become payable shall be recoverable as a civil debt.

(2) A certificate signed by the Auditor-General in a proceeding for the recovery of a sum shall be conclusive evidence that the sum certified to be due has been paid and a certificate signed by the designated officer of the District Assembly that the sum certified to be due has been paid after the certificate of the Auditor-General, shall be conclusive evidence of the facts in the certificate.

(3) Where proceedings to appeal against the decision of the Auditor-General have commenced, the certificate signed by the Auditor- General shall not be evidence of the facts stated in the certificate unless the decision is confirmed on appeal.

(4) A certified copy of the finding of the court shall be conclusive evidence of the matter contained in the copy where the decision is varied by the court.

(5) A certificate purporting to be signed by the Auditor-General or by the designated officer of the District Assembly concerned shall be deemed to have been signed by the Auditor-General or by the officer, unless the contrary is proved.

179. (1) Where the appellant is a member of the District Assembly, an appeal against a disallowance or surcharge arising out of an audit shall operate as a suspension of the member from attending any meeting of the District Assembly or any committee of the District Assembly.

(2) The member shall not take part in the affairs of the District Assembly from the date of the surcharge or disallowance and any person who contravenes this provision commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units.

(3) Prosecution under this section shall not be commenced without the consent in writing of the Attorney-General.

180. The provisions on audit shall be applicable in so far as the context admits.

181. (1) A District Assembly may make by-laws for the purpose of any function conferred on that District Assembly by this Act or any other enactment.

(a) specify as penalty for contravention of a by-law, a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units or a term of imprisonment of not less than six months and not more than twelve months or to both the fine and imprisonment;

(b) specify a further penalty of not more than one penalty unit in the case of a continuing offence for each day on which the offence is continued after written notice of the offence has been served on the offender; and

(c) make provision for the payment of such fees or charges as the District Assembly may consider fit in the by-laws.

(3) A by-law made by a District Assembly shall be read and construed subject to this Act and any other enactment.

182. (1) Every by-law made by a District Assembly shall be submitted to the Regional Co-ordinating Council.

(2) The Regional Co-ordinating Council shall ensure that the by-law is consistent with this Act or any other enactment.

(a) rejects the by-law, the Regional Co-ordinating Council shall notify the District Assembly giving reasons for the rejection; or

(b) approves the by-law, the Regional Co-ordinating Council shall cause the by-law to be published.

(a) posted on the premises of the District Assembly concerned and in at least one other public place within the district, and

(b) published in a daily newspaper of national circulation or in the Gazette.

(5) By-laws may be sold to the public at a price to be determined by the District Assembly.

183. (1) Where the Minister is of the opinion that uniform provision may reasonably be made in respect of a matter for which by-laws may be made, the Minister may, by legislative instrument, make model by-laws in respect of that matter.

(2) Where a model by-law is not expressed to apply throughout the country, that model by-law shall

(a) apply within the area of authority of the District Assembly that the Minister may specify in the model by-law; and

(b) be subject to the modifications or omissions that the Minister may consider expedient.

(3) Where prior to the enactment of a model by-law, a by-law exists in relation to the subject-matter of the model by-law, that by-law shall to the extent of the provisions of the model by-law, cease to have effect within the area.

(b) shall, at reasonable times, be open to public inspection without the payment of any fee.

185. (1) A copy of the by-law purporting to be made by a District Assembly shall be evidence in any court as to the making and the content of the by-law if the by-law is

(a) endorsed with a certificate which is signed by the Presiding Member and the Secretary to the District Assembly; and

(2) An endorsement in subsection (1) shall be to the effect that the by-law is a true copy of the by-law.

186. There is established for each region a Regional Co-ordinating Council in accordance with Article 255 of the Constitution.

(b) the Presiding Member of each District Assembly in the region and the District Chief Executive of each district in the region;

(d) the regional heads of the decentralised Ministries in the region as members without the right to vote.

(2) The Regional Minister is the chairperson of the Regional Co-ordinating Council.

(3) The Regional Co-ordinating Director is the secretary to the
Regional Co-ordinating Council.

(a) monitor, co-ordinate and evaluate the performance of the District Assemblies in the region;

(ii) allocated and released to the District Assemblies by any agency of central Government; and

(2) The Regional Co-ordinating Council is responsible for the following functions:

(a) the approval of the by-laws of the District Assemblies in the region subject to their consistency with national legislation,

(b) the provision of back-stopping support for the performance of any function assigned to the District Assemblies in the region in respect of which a particular District Assembly is deficient in terms of skills and workforce;

(c) the resolution of any conflicts between a District Assembly in the region and any agency of the central Government, public corporation, statutory body, non-governmental organisation or individual;

(d) the oversight responsibility for second-cycle educational institutions and regional hospitals in the region on behalf of the Ministries of Education and Health; and

(e) the performance of any other functions assigned to it by or under an enactment.

(a) provide a District Planning Authority with the information and data necessary to assist the Authority in the formulation of a district development plan;

(b) co-ordinate the plans and programmes of District Planning Authorities and harmonise the plans and programmes with national development policies and priorities for consideration and approval by the Commission;

(c) monitor and evaluate the implementation of the programmes and projects of the District Planning Authorities within the region;

(d) act on behalf of the Commission with respect to the national programmes and projects in the region as the Commission may direct; and

(e) perform any other planning functions that may be assigned
by the Commission.

90. (1) A Regional Planning Co-ordinating Unit shall be established to perform the planning functions of a Regional Co-ordinating Council.

(2) A Regional Planning Co-ordinating Unit shall comprise the Heads of Regional Departments.

(i) the co-ordination, monitoring and evaluation of district development plans; and

(ii) matters related to development planning in the region, including spatial and sectoral policies; and

(b) provide a secretariat for the Regional Co-ordinating Council to perform its planning functions.

(4) The Regional Planning Officer shall be the convenor of the Regional Planning Co-ordinating Unit.

191. (1) A Regional Co-ordinating Council shall meet at least twice a year and shall hold any other meetings that the Council considers necessary at the times and in the places determined by the chairperson.

(2) The Regional Minister shall convene the meetings of the Regional Co-ordinating Council.

(3) The Regional Minister may, by notice to the members of the Regional Co-ordinating Council, convene a special meeting of the Regional Co-ordinating Council for a specified purpose.

(4) The special meeting shall be held at the time and place specified in the notice convening the meeting.

(5) The Regional Minister shall preside at the meetings of the Regional Co-ordinating Council and in the absence of the Regional Minister, a Deputy Regional Minister shall preside.

(6) Matters at a meeting of a Regional Co-ordinating Council shall be decided by a simple majority of the members present and voting and where there is equality of votes, the person presiding shall have a casting vote.

(7) The quorum at a meeting of the Regional Co-ordinating Council is one-third of the membership of the Regional Co-ordinating Council, excluding the heads of the Regional Departments.

(8) The validity of the proceedings of a Regional Co-ordinating Council shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.

(9) Except as otherwise provided, the Regional Co-ordinating Council shall regulate the procedure for its meetings.

192. (1) There shall be an Office of the Regional Co-ordinating Council in each region of the country.

(2) The Offices of the Regional Co-ordinating Councils in existence immediately before the commencement of this Act are continued in existence.

(3) A person seconded from any public office to the Office of the Regional Co-ordinating Council shall be an officer of the Regional Co-ordinating Council.

193. The Office of the Regional Co-ordinating Council is responsible for assisting the Regional Co-ordinating Council in the performance of its functions.

194. (1) There shall be a Regional Co-ordinating Director for each Regional Co-ordinating Council.

(2) The President may in accordance with Article 195 (1) of the Constitution, appoint a Regional Co-ordinating Director for each Regional Co-ordinating Council.

(3) The President may, delegate the power of appointment under subsection (2) to the Head of the Local Government Service Council.

(a) is the administrative head of the Office of the Regional Co-ordinating Council;

(b) is responsible for the co-ordination of the activities of the Departments of the Regional Co-ordinating Council; and

(5) The Regional Co-ordinating Director is responsible to the Regional Minister in the performance of the functions of the office.

(6) The Regional Co-ordinating Director is a member of the Local Government Service.

(7) The Regional Co-ordinating Director shall ensure that the functions and responsibilities of the Office of the Regional Co-ordinating Council are effectively and efficiently carried out.

195. (1) The Office of the Regional Co-ordinating Council shall have the staff that may be necessary for the proper and effective performance of the functions of the office.

(2) The President may, in accordance with Article 195 (1) of the Constitution, appoint the staff of the Regional Co-ordinating Council.

(3) The President may delegate the appointment under subsection (2) to the Head of the Local Government Service Council.

(4) The staff of the Office of the Regional Co-ordinating Council shall perform the functions assigned to them under this or any other enactment.

196. (1) The Departments specified in the Thirteenth Schedule are established as Departments of the Regional Co-ordinating Council.

(2) The Departments of the Regional Co-ordinating Councils shall be headed by Regional Heads of Departments who are responsible for the proper and effective performance of their functions.

(3) The Regional Heads of Departments of the Regional Co-ordinating Councils are responsible to the Regional Minister through the Regional Co-ordinating Director.

(4) The Head of the Local Government Service shall issue Administrative Instructions to specify

(a) how Departments of the Regional Co-ordinating Councils are to be established; and

(b) the details of the reporting relationship between the Regional Heads of Departments of the Regional Co-ordinating Council, the Regional Co-ordinating Director and the
Regional Minister.

(a) shall co-ordinate, harmonise, monitor and evaluate the performance of the functions of the relevant Departments of the District Assemblies in the region;

(b) are responsible for the implementation of the decisions of the Regional Co-ordinating Council as they affect the Departments; and

(c) shall provide quarterly reports on their co-ordination, harmonisation, monitoring and evaluation activities and on their implementation of the decisions of the Regional
Co-ordinating Councils to the Regional Co-ordinating Council through the Regional Co-ordinating Director.

198. (1) The Departments of a Regional Co-ordinating Council shall collaborate and co-operate with the other sectors of the public service

(a) in order to ensure a co-ordinated approach to the monitoring and evaluation of the performance of the District Assemblies in the region, and

(b) in the monitoring of the use of moneys allocated and released to the District Assemblies by agencies of the central government, and in the review and co-ordination
of public services generally in the region.

(2) The Regional Minister shall facilitate the collaboration and co-operation with the other sectors of the public service.

(3) The Regional Heads of Department of the other sectors of the public service shall attend meetings and participate in the deliberations of the Regional Planning Co-ordinating Unit and the Regional Co-ordinating Council to which they are invited and the meetings shall be referred to as the expanded Regional Planning Co-ordinating Unit
and the expanded Regional Co-ordinating Council meetings respectively.

(4) The expanded Regional Planning Co-ordinating Unit and the expanded Regional Co-ordinating Council shall oversee the effective merger and amalgamation of the Departments of the District Assemblies referred to in the Second and Fourth Schedules and shall resolve any disputes and misunderstandings arising from the merger and amalgamation.

(5) The Regional Heads of Departments of the other sectors of the public service shall provide information on any matter affecting their sectors upon reasonable request by the Regional Minister, the Regional Co-ordinating Director or a Head of Department of the Regional Co-ordinating Council.

(6) The Regional Co-ordinating Council shall hold at least one joint annual meeting with the Heads of the Departments of the Regional Co-ordinating Council and the Heads of the other sectors of the public \service to review the performance of the regional level of governance.

199. (l) The Regional Co-ordinating Council shall receive funds from the following sources to be used exclusively for the functions of the Regional Co-ordinating Council, its planning functions and the planning functions of the Regional Co-ordinating Unit;

(2) These funds shall be in addition to the budgetary allocations made annually to the Regional Coordinating Council in the national budget.

200. (1) Each Regional Co-ordinating Council is responsible for the preparation, administration and control of budgetary allocations to the Regional Co-ordinating Council.

(2) Every Regional Co-ordinating Council shall, before the end of each financial year, submit a regional integrated budget to the Minister for Finance for approval by Parliament.

(3) The regional integrated budget shall cover the budgets of the Office of the Regional Co-ordinating Council and include the aggregate revenue and expenditure of the departments and organisations under the Regional Co-ordinating Council, including the annual monitoring and evaluation plans and programmes of the Office of the Regional Co-ordinating Council and the departments and organisations under the Regional Co-ordinating Council.

(4) The Minister responsible for Finance shall create a budget line in the national budget appropriation for the regional integrated budget.

201. (1) The President shall, in accordance with Article 256 of the Constitution, appoint for each region, a Minister of State who shall be known as the Regional Minister for that region.

(b) be responsible for the co-ordination and direction of the administrative machinery in the region; and

(3) The President may, in consultation with the Minister of State for a region and with the prior approval of Parliament, appoint for the region, a Deputy Minister or Deputy Ministers to perform functions as the President may determine.

(a) is on behalf of the President, responsible for supervising the work of the District Chief Executives of the districts in the region;

(b) is responsible for monitoring and evaluating the District Chief Executives in the region in the performance of their functions; and

(c) is responsible for submitting to the President, periodic and annual assessment reports on the performance of the District Chief Executives in the region.

(2) District Chief Executives in the region shall inform the Regional Minister of any new fees, taxes and rates imposed by their District Assemblies and the infrastructure and development projects undertaken or programmed to be undertaken by their District Assemblies.

203. (I)The Office of the Regional Co-ordinating Council established under section 192 shall co-ordinate and monitor the programmes of government departments at the regional level and keep the Regional Co-ordinating Council informed of their performance.

(2) The Regional Co-ordinating Director shall, within three months after the end of each financial year, prepare an annual report of the work of the Regional Co-ordinating Council in that year and submit the report to the President through the Regional Minister after approval by the Regional Co-ordinating Council.

(3)The relationship of the Regional Co-ordinating Director to the Regional Minister shall be that of a Chief Director to the Minister.

Establishment and Functions of the Inter-Ministerial Co-ordinating Committee
on Decentralisation

204. (1) There is established by this Act, an Inter-Ministerial Co-ordinating Committee on Decentralisation, referred to in this Act as the Inter- Ministerial Co-ordinating Committee.

(2) The Inter-Ministerial Co-ordinating Committee is the key national institutional mechanism for the inter-sectoral policy coordination of decentralisation and for the decentralised local governance system.

(4) The Inter-Ministerial Co-ordinating Committee may appoint sub-committees and task forces to assist in the performance of functions.

(5) The Inter-Ministerial Co-ordinating Committee may require a Minister or public officer to attend its meetings or provide information required for the performance of its functions.

(6) The Inter-Ministerial Co-ordinating Committee may co-opt a person or engage the services of experts and consultants for the effective discharge of its functions.

(7) The Inter-Ministerial Co-ordinating Committee may meet at the times and in the places determined by the chairperson and shall regulate its own procedure.

205. The Inter-Ministerial Co-ordinating Committee is responsible for the inter-sectoral policy coordination of decentralisation and for the decentralised local governance system.

206. (1) There shall be established a Technical Committee of the Inter-Ministerial Co-ordinating Committee consisting of

(g) the Chief Director of the Ministry of Gender, Children and Social Protection,

(h) the Director of Legislative Drafting, Attorney General's Department of the Ministry of Justice,

(2) The Technical Committee shall meet at the times and places that the chairperson may determine but shall meet before each meeting of the Inter-Ministerial Co-ordinating Committee to discuss the items for consideration and prepare policy options for the consideration of the meeting.

207. (1) The Inter-Ministerial Co-ordinating Committee shall have a Secretariat headed by an Executive Secretary.

(2) The Secretariat shall ensure the effective implementation of the decisions of the Inter-Ministerial Co-ordinating Committee.

(3) The Inter-Ministerial Co-ordinating Committee on Decentralisation shall be under the Office of the President.

208. (1) A District Assembly, in furtherance of its incorporation, may acquire land for buildings in the district or outside the district as it considers necessary to perform any function conferred on it.

(2) A District Assembly may, in the best interest of the District Assembly, purchase land, service the land and re-allocate the land to a prospective public or private developer for development.

209. (1) A District Assembly shall impose a reasonable development charge on a prospective developer when allocating acquired and serviced land to a prospective developer and may impose other terms that may appear to the District Assembly to be expedient for the development of the district.

(2) The proceeds from a development charge shall be paid into a separately established fund maintained solely for the purpose of further acquisition and servicing of land acquired.

210. (1) A suit shall not be commenced against a District Assembly until at least one month after a written notice of intention to commence the suit has been served on the District Assembly by the intending plaintiff or an agent of the plaintiff.

(2) The notice shall state the cause of action, the names and place of abode of the intending plaintiff and the relief which the plaintiff claims.

(3) An action shall not lie against a District Assembly unless the action is commenced within twelve months after the act, neglect or default complained of, or in the case of continuing damage or injury, within twelve months after the date of cessation.

211. (1) Any summons, notice or other document required or authorised to be served on a District Assembly shall be served by delivering or sending the summons, notice or other document by registered post addressed to the District Chief Executive.

(2) A court may, in a particular suit or as regards a particular document, order service on the District Assembly to be effected in an- other manner and in that case, service shall be effected in accordance with the terms of the court order.

212. Where in any criminal proceeding it is necessary to refer to the ownership or description of property belonging to or under the management of a District Assembly, the property may be described as the property of the District Assembly.

213. (1) A person authorised in writing by a District Assembly may enter onto any land, building or premises, within the area of authority of the District Assembly to carry out an inspection, inquiry or the execution of works under any by-law made by the District Assembly.

(2) A person authorised by a District Assembly to exercise a power of entry, shall not enter a place known as a sacred grove within the area of authority of the District Assembly.

214. The publication of a notice or any other document required by this Act to be published shall be deemed to be duly published if the notice or document is fixed

(a) in a conspicuous place on or near the outer door of the office of the District Assembly during office hours, or

215. (1) A District Assembly may, by notice in writing, require the occupier of premises to state the name and address of the owner of the premises to enable a document to be served on the owner of the prermses.

(2) If the occupier refuses within fourteen days after the notice
has been served to provide the name and address of the owner of the premises, or wilfully misstates the name and address of the owner, the occupier commits an offence and is liable on summary conviction in respect of each offence to a fine of not less than twelve penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of imprisonment
and in the case of a continuing offence, to a further fine of one penalty unit for each day on which the offence continues, unless cause is shown to the satisfaction of the court why the occupier is unable to provide the details of the owner.

216. There shall be freedom of speech, debate and proceedings in every District Assembly and the freedom shall not be impeached or questioned in any court or place.

217. (1) Civil or criminal proceedings shall not be instituted against a member of a District Assembly or officer of the District Assembly in any court because of anything said by that person in the District Assembly or any matter or thing brought by that person in or before the District Assembly by petition, motion or otherwise.

(2) Where in the opinion of the Presiding Member of a District Assembly, a statement made by a member of the District Assembly is defamatory of any person in the first instance, the Presiding Member shall refer the matter for inquiry to the Public Relations and Complaints Committee of the District Assembly which shall report its findings to the District Assembly not later than fourteen days after the matter was referred.

(3) Where the Committee reports to the District Assembly that the statement made by the member is defamatory of any person, the member who made the statement shall, at the next sitting of the District Assembly, render an apology at the bar of the District Assembly, the terms of which shall be approved by the Committee and communicated to the person who has been defamed.

(4) Where a member. refuses to render an apology, the Presiding Member shall suspend that member for the duration of two consecutive meetings of the District Assembly.

(5) A member of the District Assembly who has been suspended shall lose the privileges, immunities and allowances in respect of membership of the District Assembly and the privileges, immunities and allowances shall be forfeited until an apology is rendered.

218. A member of the District Assembly shall not be required to serve on a jury in any court or as a member of any tribunal.

219. (1) Civil or criminal process from a court shall not be served on or executed in relation to any member of the District Assembly or officer of the District Assembly while the member is on the way to attend or returning from a meeting of the District Assembly.

(2) A certificate of the Presiding Member of the District Assembly to the effect that a member was on the way to, attending or returning from a meeting of the District Assembly shall be conclusive evidence of attendance at the District Assembly.

220. A person shall not be under a civil or criminal liability in respect of the publication of

(a) the text or a summary of a report, paper, minutes, note or proceedings of a District Assembly; or

unless it is shown that the publication was made with malice or otherwise in want of good faith.

221. (1) A person summoned to attend and give evidence or to produce any paper, book, record or other document before a District Assembly is entitled to the same privileges as if that person were appearing before a court to give evidence.

(2) A public officer shall not be required to produce any document before a District Assembly if the Presiding Member of the District Assembly certifies that

(a) the document belongs to a class of documents that would be injurious to public interest to produce; or

(b) the disclosure of the contents of the document will be prejudicial to the security of the State.

(3) Where there is a doubt as to whether the production of a document is injurious to public interest or prejudicial to the security of the State, the Presiding Member of the District Assembly shall refer the matter to the High Court to determine whether the production or disclosure of the contents of the document will be injurious to the public interest or prejudicial to the security of the State.

(4) An answer by a person to a question put by a District Assembly shall not be admissible in evidence against that person in any civil or criminal proceedings out of the District Assembly, except proceedings for perjury brought under the criminal law.

(a) obstructs or impedes a District Assembly in the performance of its functions,

(b) obstructs or impedes a member or officer of the District Assembly in the discharge of official duties,

(d) tends either directly or indirectly to produce a result specified in paragraphs (a), (b) or (c),

(2) Where an act which constitutes contempt of a District Assembly is an offence under the criminal law, the exercise by the District Assembly of the power to punish for contempt shall not limit the institution of proceedings under the criminal law.

(a) wilfully obstructs a member of a District Assembly in the execution of the duties of the member, or

(b) being the occupier of premises, prevents the owner of the premises from complying with any requirements of the District Assembly,

commits an offence and is liable on summary conviction to a fine of not less than twelve penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and the term of imprisonment and in the case of a continuing offence to a further fine of one penalty unit for each day that the offence continues.

(a) is elected or appointed as a member of a District Assembly while that person is not qualified to be elected or appointed and sits or votes in the District Assembly,

(b) sits or votes in a District Assembly after the seat in the District Assembly has become vacant knowing or having reasonable grounds for knowing that the seat has become
vacant, or

(c) sits or votes in a District Assembly after that person has become disqualified from sitting or voting in the District Assembly, knowing or having reasonable grounds for
knowing that that person is disqualified,

commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and the imprisonment.

225. The President or the Minister, with the prior approval of the Cabinet, may by Executive Instrument, delegate any of the functions of the President or Minister under this Act other than the functions of the Minister under section 3, to a public officer subject to the conditions specified in the Instrument.

226. Each District Assembly and every member or officer of the District Assembly shall furnish the President or the Minister with the information that the President or Minister may require in relation to the functions of the District Assembly.

Staff of District Assembly to give account of moneys and properties in their charge

227. (1) A member of staff of a District Assembly during the continuance of office, or within three months after ceasing to hold office and in a manner that the District Assembly or the Auditor-General may direct, shall prepare and deliver to the District Assembly or as the Auditor- General may direct, a true account in writing of the moneys and property entrusted to that member of staff and the receipts and payments, with vouchers and other documents and records supporting the entries, list of persons from whom or to whom money is due in connection with the office, showing the amount from or to each.

(2) The member of staff shall pay moneys due from that member of staff to the District Assembly or otherwise as the District Assembly or the Auditor-General may direct.

(b) deliver to the District Assembly or as the Auditor-General may direct, an account or list required to be made under this section or delivered after three days' notice signed by

(iii) the Auditor-General, and delivered to the usual or last known place of residence of the person, or

(c) make a voucher or other document of record relating to a voucher or to give a satisfactory response in respect of a voucher to the District Assembly or as the Auditor-General may direct,

an officer of the District Assembly may file a complaint to the court which may order or require the person to make the payment or deliver the document to the District Assembly or as the Auditor-General may direct.

(4) A person who wilfully neglects to comply with the order of the court commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of six months or to both the fine and the term of imprisonment and in the case of a continuing offence to a further fine of not more than one penalty unit for each day on which the offence continues.

(5) Nothing in this section shall affect any remedy by action against a person or the surety of that person, except that the member of staff shall not be sued by action and proceeded against under this section for the same cause.

228. Subject to the Constitution, a member of a District Assembly or a member of staff of a District Assembly or any person acting under the direction of the District Assembly is not personally liable for any act done in good faith in the performance of a function or the execution of a duty under this Act.

229. (1) Despite any provision in this Act, where a person is indebted to a District Assembly in any specific sum of money, the District Chief Executive, after consultation with the Attorney-General, mayauthorise the retention by way of deduction or set-off of the amount of the indebtedness out of any sum of money that may be due or payable by the District Assembly to that person.

(2) A debt owed by a member of staff of the District Assembly may however be recovered by way of deductions from the emoluments of that person if the Presiding Member of the District Assembly directs in writing and the Controller and Accountant-General or any other person authorised by the Controller and Accountant-General shall carry out the request made if the request is reasonable.

230. Model Standing Orders made by the Minister under subsection (6) of section 18 may provide for the payment of transport and other allowances to members of the District Assembly and to persons invited to attend any of the meetings of the District Assembly. .

231. Any authorisation, notice or other document purporting to be granted, given or made and any act purporting to be done by a District Assembly or under an instrument, shall be taken to be duly granted, given, made or done by the District Assembly without further evidence unless the contrary is proved.

(d) for consultations between the District Planning Authority and public agencies and local communities.

(2) The Minister may, on the advice of the Local Government Service Council given in consultation with the Public Services Commission, make Regulations for

(a) institutional co-operation between the Local Government Service and other branches of the public service, and

(b) a matter that falls within the scope of the functions of the Local Government Service.

(3) The Minister may, by legislative instrument, amend with the prior approval of Cabinet a provision of the Schedules except the Fourteenth Schedule.

233. The enactments specified in the first column of the Fourteenth Schedule are amended or otherwise affected to the extent specified in the second column of that Schedule.

"audit" includes an annual, interim or any audit but shall not include an internal audit;

"Audit Report Implementation Committee" means the Committee established under section 86 of the Public Financial Management Act, 2016 (Act 921);

"Auditor-General" includes any auditor or public officer authorised by the Auditor-General in writing to act in the name of the officer or on behalf of the Auditor-General;

"basic rate" means an amount imposed by the District Assembly payable by a person of or above the age of eighteen years and below the age of seventy years who resides within a district;

"betterment charge" means the determinable percentage of money charged on the increase in value of a property arising out of public works carried out by a District Assembly;

"buildings and structures" include references to plant and machinery which are attached to and form an integral part of any building or structure;

"central Government" means the Government of the Republic of Ghana other than local government;

"civil society organisation" includes a community-based organisation, faith-based organisation, non-governmental organisation, professional or vocational association or similar organisation;

"Commission" means the National Development Planning Commission established under the National Development Planning Act, 1994 (Act 479);

"community right of space" means a road, street, foot path, pavement, passenger terminal, parking area, any public right of way, school ground, hospital ground, open space, cemetery, playing field, square, durbar ground, market place, public place of assembly, or any space or ground or area for public or community use that exists or is so desig- nated in an approved settlement plan or under the provision
of any law;

"designated agencies" means the Organisations, Departments and Services referred to in the Seventh Schedule;

"development" within the context of the District Assemblies Common Fund, means programmes and projects of the District Assembly that have the effect of achieving a long and healthy life, access to knowledge, a decent standard of living and the general well-being of the people of the district;

"District Co-ordinating Director" includes a Municipal Co-ordinating Director and a Metropolitan Co-ordinating Director;

"District Chief Executive" includes Municipal Chief Executive and Metropolitan Chief Executive;

"District level stakeholders" includes chiefs and traditional au- thorities, opinion leaders, community leaders and civil society organisations;

"electoral area" means a local government electoral area specified in the Schedule to the Constitutional Instrument issued by the Electoral Commission for that purpose;

"general rate" means a rate levied over the whole district for the general purposes of the district;

"Inter-Ministerial Co-ordinating Committee" means the Inter- Ministerial Co-ordinating Committee on Decentralisation established under section 204;

"mixed development area" means a use-zoning area where residential, commercial, light industrial or heavy industrial uses have been permitted or may be permitted, together or
in any combination thereof, by a District Planning Authority as specified in a Rate Notice;

"nuisance" means any activity, operation, works, action, neglect or any effect of it on, in, under or over land which is offensive, injurious or prejudicial to amenity, public health, public safety, public peace, public convenience or the local or national economy;

"other sectors" include non-decentralised departments, state- owned enterprises and public corporations operating in the district;

"physical development" means the carrying out of building, engineering, mining or other operations on, in, under or over land, or the material change in the existing use ofland
or a building and includes the sub-division of land, the disposal of waste on land including the discharge of effluent into a body of still or running water and the erection of
advertisement or other hoarding;

"replacement cost" with respect to buildings, structures and other development means the amount it would cost to provide the buildings, structures and other developments as if they were new on an undeveloped site at the time the premises are being valued;

"safe securities" include treasury bills and government bonds and any other security approved by the Minister responsible for Finance;

"serviced land" means land on which infra structural services including a road, drainage system, water and other utilities have been provided;

"session" means a series of meetings of a District Assembly within a period of twelve months;

"special rate" means a rate made and levied over a specified area in the district for the purpose of a specified project approved by the District Assembly for that area;

"structural development" includes any kind of work or improvement carried out on or in any land and in particular foundations, excavations, drainage systems, pathways, aprons and other prepared surfaces;

"sub-district structure" includes the sub-metropolitan district councils, urban councils, zonal councils, town councils, area councils and unit committees of District Assemblies;

"total revenue" means the entire revenue collected by or accruing to the central government other than foreign loans, grants, non-tax revenue and revenues already collected by or for a District Assembly under an enactment;

"traditional authority" means a House of Chiefs or any council or body established or recognised as such under customary law and includes the "tindanas" of the Northern Region and the "wulomei" of the Greater Accra Region; and

"use-zoning" means the division by a District Planning Authority of a community or township into zones or districts according to present or potential use of immovable
properties for the purposes of controlling or directing the use and development of those properties or for the purposes of rating or conserving the value of those properties.

(2) Despite the repeal of the enactments specified under subsection (1), any statutory instruments made or continued in existence under any of the repealed enactments and in force immediately before the coming into force of this Act, shall continue in force as if made under a corresponding provision.

(3) Any by-law or instrument, including building regulations, or any other act made or done by a local authority or other body charged with the performance ofloca1 government functions in the area of a District Assembly or any part of it and in force immediately before the coming into force of this Act shall continue in force in that district or part of it as if made or done under this Act.

(4) Despite the repeal of the enactments specified under subsection (1), the District Assemblies in existence immediately before the coming into force of this Act, shall continue in existence until the election and appointment of new members of the District Assemblies.

236. (1) Staff of the Inspectorate Division of the Ministry of Local Government in existence before the coming into force of this Act shall, on the coming into force of this Act, be absorbed into the Internal Audit Unit of the District Assemblies.

(2) A person absorbed into the Internal Audit Unit of a District Assembly shall be deemed to have been duly employed by the Internal Audit Unit of the District Assembly established by this Act on terms and conditions which are not less in aggregate to terms and conditions attached to the post held by that person before the coming into force of this Act.

Existing Departments under District, Municipal and Metropolitan Assemblies

	Metropolitan Assembly			Municipal Assembly	District Assembly
1.	Central Administration	1.	Central Administration		1.	Central Administration
	Department		Department			Department
2.	Finance Department	2.	Finance Department		2.	Finance Department
3.	Education, Youth and	3.	Education, Youth and		3.	Education, Youth and
	Sports Department		Sports Department			Sports Department
4.	Metropolitan Health	4.	Municipal Health		4.	District Health
	Department		Department			Department
5.	Agriculture Department	5.	Agriculture Department		5.	Agriculture Department
6.	Physical Planning	6.		Physical Planning	6.	Physical Planning
	Department		Department			Department
						.--
7.	Social Welfare and	7.	Social Protection and		7.	Social Welfare and
	Community Development		Community Development			Community Development
	Department		Department			Department
8.	Works Department	8.	Works Department		8.	Works Department
9.	Trade and Industry	9.	Trade and Industry		9.	Trade and Industry
	Department		Department			Denartment
10.	Natural Resources	10.	Natural Resources		10.	Natural Resources
	Conservation, Forestry		Conservation, Forestry			Conservation, Forestry
	and Game and Wildlife		and Game and Wildlife			and Game and Wildlife
	Department		Department			Department
II. Disaster Prevention		11.	Disaster Prevention		11. Disaster Prevention
	Department		Department			Department
12.	Roads Department	12.	Roads Department			-
13. Transport Department		13.	Transport Department			-
14.	Waste Management		-			-
	Department
15. Budget and Rating			-			-
	Department
16. Legal Department			-			-

1. The making and maintenance of streets for the purpose of giving access to premises.

2.The amount of space surrounding new buildings and buildings which are to be extended or altered, so as to ensure free circulation of air.

5. The lighting and ventilation of buildings, the height of buildings and the dimensions of rooms and corridors.

6. Reducing the risk of fire in buildings and ensuring sufficient means of exit from new buildings in the event of fire.

7. Preventing the construction of buildings and other structures which would be a disfigurement to the town or neighbourhood or which would not be in keeping with the architectural character of the neighbourhood and the execution of any work which would tend to make existing buildings and structures a disfigurement to the
town or neighbourhood or which would not be in keeping with the architectural character of the neighbourhood.

8. The repair and renovation of buildings and other structures, and compelling necessary repairs and renovations to buildings and other structures, to be carried out.

9. The certification of dwelling houses as having been constructed in
accordance with requirements of by-laws made under section 104
as a condition precedent to the habitation of the houses.

11. The use of proper building scaffolding, hoardings, machinery and appliances in connection with the construction, extension, alteration, repair and renovation of buildings and other structures.

12. The conditions to be satisfied by a site for any building or for any class of buildings.

13. Sanitary arrangements and conveniences of, or in connection with new buildings.

14. Cutting into, laying and pulling down any work suspected to have been executed in contravention of any by-laws made under section 104 or any permit granted under the by-laws.

15. The designation of streets as shopping streets or business streets, and prescribing special requirements to be satisfied in respect of buildings constructed in them.

19. The preservation of trees and other natural amenities, the taking of steps to enhance the scenic beauty of the neighbourhood, the regulation of gardening and the care and conservation of open spaces.

20. The period of duration of any permit provided for under any by- laws and the extension of such period, and for the revocation of such permit if the construction of or the execution of the work to which it relates is not begun within a time specified in such permit.

21. The refusal of a permit to any applicant who has not completed a building or any work under a permit previously granted to the applicant.

23. Prescribing the fees to be paid in respect of any matter or thing prescribed by by laws.

24. The removal or alteration of any obstruction or projection likely to cause danger or inconvenience to persons using any street.

26. The deposit of plans, sections and specifications and other particulars by persons intending to layout streets or to construct, extend, repair or renovate buildings.

27. Inspection by such officers as may be specified, and for the maintenance of building agents on the sites of works, and the keeping of proper plans of the sites.

To .................................................................................................................. .

and served upon the District Chief Executive to show cause why .................................................................. .

which has been constructed/executed in contravention of ............................................. .

........................ shou1d not be ................................................................... .

3. State whether building, structure or work is to be removed, altered or
pulled down, and in the case of alteration give adequate particulars of
alteration required to be made.

Services, Organisations and Departments to Implement Response Plan and By- Laws

1. Every cart, truck or wagon, not propelled by mechanical power and
used primarily for the conveyance of goods and provision of other
services except a wagon, truck or carriage used on Government
railway.

2. Every bicycle other than a bicycle belonging to an establishment or
Government Department or the Prison Service, Armed Forces or
Police Service or other bicycle not propelled by mechanical power.

8.Other entertainments to which admission is to be obtained on pay-
ment of money or reward, except where the whole proceeds are
being devoted to charity.

No.		Fees			Miscellaneous Charges
l.		Cattle pounds
2.		Conservancy
3.		Slaughter House
4.		Market Dues
5.		Market Stalls and Stores
6.		Lorry Park Dues
7.		Advertisements
8.		Trading Kiosks
9.		Restoration of
		Conservancy Services
10.		Public Cemetries and
		Burial Grounds
II.		Bread Confectioneries
12.		Chop Bars
13.		Corn Mills
14.		Dressing Stations

				TWELFTH SCHEDULE
				(Section 142)
				Taxes on Income
			1.	Spare parts dealers
			2.	Chemical sellers
			3.	Tailors and dressmakers
			4.	Sandcrete block manufacturers
			5.	Musical spinners
			6.	Radio and television repairers
			7.	Gold and silver smiths
			8.	Drinking bar operators
			9.	Professional photographers
			10.	Chop bar keepers and cooked food sellers
			11.	Butchers
			12.	Refrigeration and air-conditioning workshop owners
			13.	Hairdressers
			14.	Garage owners
			15.	Video operators
			16.	Commill owners
	-		17.	Co-operative distillers
	.J
			18.	Scrap dealers
			19.	Livestock breeders and traders
			20.	Traders
			21.	Liquor sellers

Column l(Enactment)					Column 2 (How affected)
1.	National Development	Act 480 is amended by the repeal of sections 2 to
	Planning (System) Act,	9 and section 20.
	1994 (Act 480)
2. Internal Audit Agency Act,		Act,658 is amended
	2003 (Act 658)	(a)	by the repeal of subsections (6) and
			(7) of section 16; and
		(b)	by the deletion of "and MMDAs" in
			subsection (3) of section 20.
3. Electronic Communications		Act 755 is amended by the repeal of subsection
	Act, 2008 (Act 755)	(1) of section 95.
4.	Registration of Births	Act 301 is amended
	and Deaths Act, 1965
	(Act 301)	(a)	in section 41 by the substitution for the
			definition for
			(i)	"district" of ""district" includes the
				area of authority of a		District
				Assembly;";
			(ii)	"Registrar" of ""Registrar" includes
				the Registrar of births and deaths,
				an assistant registrar, registration
	.			officers, district registrars, assistant
				district registrars, an officer of the
				District Assembly designated for the
				purpose by the District ChiefExecutive;";
				and
		(b)	by	the substitution for section 44 of
			"Application of Act 44. This Act, so far as it
			relates to the registration of births, foetal
			deaths and deaths, shall apply to
				(a)	the districts that the Minister may,
					by legislative instrument, specify;
					and
				(b)	the area of authority of every
					District Assembly which shall for
					the purpose of this Act be
					deemed to have been specified
					by the Minister by legislative instru-
					ment made under this section.".