ACTS OF GHANA

LANDS COMMISSION ACT, 1994 (ACT 483)

ARRANGEMENT OF SECTIONS

Section

PART I—ESTABLISHMENT AND FUNCTIONS OF COMMISSION

1.  Establishment of Commission

2.  The Functions of the Commission

3.  Independence of Commission

4.  Consent and Concurrence in disposition of stool lands.

PART II—COMPOSITION, QUALIFICATION, APPOINTMENT OF MEMBERS AND RELATED MATTERS

5.  Composition of Commission

6.  Regional Lands Commission

7.  Membership of Regional Lands Commission

8.  Regional Lands Officer

9.  Qualification for membership of Commission and Regional Lands Commission.

10. Tenure of office of members of Commission and Regional Lands Commission.

11.  Resignation of members of Commission and Regional Lands Commission.

12.  Removal of members of Commission and Regional Lands Commission.

13.  Filling of vacancies

14.  Meetings of Commission

15.  Power to co-opt

16.  Appointment of Committee,

PART III — ADMINISTRATION AND MISCELLANEOUS PROVISIONS

17. Lands Commission Secretariat

18. Executive Secretary

19. Deputy Executive Secretary

20. Other staff of Commission

21. Funds of Commission

22. Accounts and Audit

23. Annual report

24. Access to information

25. Offences

26. Offences by bodies corporate

27. Regulations

28. Acts 123, 124, 125 to have effect with necessary modifications

29. Interpretation.

THE FOUR HUNDRED AND EIGHTY-THIRD

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE LANDS COMMISSION ACT, 1994

AN ACT to establish the Lands Commission, provide for its composition and functions and for other connected purposes.

DATE OF ASSENT: 6th September 1994

BE IT ENACTED by Parliament as follows—

PART I—ESTABLISHMENT AND FUNCTIONS OF COMMISSION

Section 1—Establishment of Commission.

There is established by this Act, a Lands Commission referred to in this Act as "the Commission".

Section 2—The Functions of the Commission.

(1) The Commission shall, in co-ordination with the relevant public agencies and governmental bodies, perform the following functions—

(a) on behalf of the Government manage public land and any lands vested in the President by the Constitution or by any other law or any lands vested in the Commission;

(b) advise the Government, local authorities and traditional authorities on the policy framework for the development of  particular areas of Ghana to ensure that the development of individual pieces of land is co-ordinated with the relevant development plan for the area concerned;

(c)  formulate and submit to Government recommendations on national policy with respect to land use and capability;

(d) advise on, and assist in the execution of, a comprehensive programme for the registration of title to land throughout Ghana in consultation with the Title Registration Advisory Board established under section 10 of the Land Title Registration Law, 1986 (P.N.D.C.L. 152); and

(e) perform such other functions as the Minister may assign to the Commission;

(2) The Minister may, with the approval of the President, give general directions in writing to the Commission on matters of policy in respect of the management of public lands.

Section 3—Independence of Commission.

Except as otherwise provided in the Constitution or in any other law which is not inconsistent with the Constitution, the Commission shall not be subject to the direction or control of any person or authority in the performance of its functions.

Section 4—Consent and Concurrence in Disposition of Stool Lands.

(1) There shall be no disposition or development of any stool land by any person unless the Regional Lands Commission located position of where the land is situated has certified that the disposition or development is consistent with the development plan drawn up, or approved by the planning authority of the area concerned.

(2) The grant of consent and concurrence by the Regional Land s Commission shall be communicated by it to the Office of the Administrator of Stool Lands and the Regional office of the Administrator of Stool Lands.

(3) Where the Regional Lands Commission fails or refuses to give the consent and concurrence under subsection (i) of this section, a person aggrieved by the failure or refusal may appeal to the High Court.

PART II—COMPOSITION, QUALIFICATION, APPOINTMENT OF MEMBERS AND RELATED MATTERS

Section 5—Composition of Commission.

(1) The Commission shall consist of the following persons—

(a)  a Chairman, who is neither a Minister nor a Deputy Minister;

(b) one representative of each of the following bodies nominated by the bodies concerned—

(i)  the National House of Chiefs;

(ii)  the Ghana Bar Association;

(iii)  the Ghana Institution of Surveyors;

(iv)  each Regional Lands Commission;

(v)   the Department responsible for town and country planning;

(vi)  the National Association of Farmers and Fishermen;

(vii) the Environmental Protection Council;

(viii) the Ministry responsible for Lands and Forestry; and

(c) the Chief Administrator of the Lands Commission who shall be the Executive Secretary.

(2) The Chairman and the other members of the Commission shall be appointed by the President acting in consultation with the Council of State.

(3) The salaries and allowances payable, and the facilities and privileges available to the Chairman and the other members of the commission shall be determined by the President in accordance with article 71(l) (d) (iv) of the Constitution.

Section 6—Regional Lands Commission.

(1) There shall be in each region a branch of the Commission to be known as a "Regional Lands Commission" which shall perform the functions of the Commission in respect of the region.

(2) The activities of a Regional Lands Commission shall be coordinated by the Commission.

Section 7—Membership of Regional Lands Commission.

(1) A Regional Lands Commission shall consist of the following persons appointed by the Minister—

(a)  a Chairman who is neither a Minister nor a Deputy Lands Minister;

(b)  a representative of each of these bodies nominated by the body concerned—

(i) the Regional House of Chiefs;

(ii) each District Assembly within the region; and

(iii) the Department responsible for town and country planning;

(c)  a nominee of the Ghana Bar Association practising in the region;

(d)  a nominee of the Ghana Institution of Surveyors practising in the region;

(e) a nominee of the National Association of Farmers and Fishermen; and

(f) the Regional Lands Officer;

Section 8—Regional Lands Officer.

(1) Each Regional Lands Commission shall have a Regional Lands Officer who shall be a person knowledgeable and experienced in land administration.

(2) The Regional Lands Officer shall be a member of and the secretary to the Regional Lands Commission.

(3) Subject to the directions of the Executive Secretary appointed under section 17 of this Act and in consultation with the Regional Lands Commission, the Regional Lands Officer shall perform the functions of the Executive Secretary in the region concerned.

Section 9—Qualification for membership of Commission and Regional Lands Commission.

(1) No person is qualified to be a member of the Commission for or a Regional Lands Commission other than the Executive Secretary of and the Regional Lands Officer, unless he is qualified to be a member of Parliament.

(2) A person shall not be disqualified from being a member of the Commission or a Regional Lands Commission because he is a public officer.

(3) A member of the Commission or a Regional Lands Commission who has a professional qualification shall cease to be a member of the Commission or Regional Lands Commission if he is disqualified or suspended from practising his profession by an order of a competent authority made in respect of him personally or he ceases to be a member of the profession otherwise than at his own request.

Section 10—Tenure of Office of Members of Commission and Regional Lands Commission.

(1) The Chairman and members of the Lands Commission and the Chairman and members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall hold office for a term of four years and are eligible for reappointment.

(2) The office of the Chairman or a member of the Commission and the Chairman and members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall become vacant if—

(a) he ceases to hold office under subsection (1) of this section;

(b) any circumstance arises that would cause him to be disqualified for appointment under section 8 of this Act; or

(c) he is removed from office by the President or, in the case of a member of a Regional Lands Commission, by the Minister for inability to perform the functions of his office or for stated misbehaviour.

Section 11—Resignation of members Commission and Regional Lands Commission

(1) The Chairman or a member of the Commission may resign his office by notice addressed to the President.

(2) The Chairman or a member of a Regional Lands Commission may resign his office by notice addressed to the Minister.

Section 12—Removal of members of Commission and Regional Lands Commission.

(1) The Chairman or a member of the Commission may be removed from office by the President for inability to perform the of functions of his office or for stated misbehaviour.

(2) The Chairman or a member of a Regional Lands Commission may be removed from office by the Minister for inability to perform the functions of his office of for stated misbehaviour.

Section 13—Filing of Vacancies.

(1) Where the Chairman of the Commission or the Chairman of a Regional Lands Commission dies, resigns or is removed from office or is by reason of illness unable to perform the functions of his office, the members of the Commission or Regional Lands Commission shall elect one of their members to act as Chairman until such time as the Chairman is able to perform the functions of his office or until a new Chairman is appointed.

(2) Where a member of the Commission or of a Regional Lands Commission dies, resigns or otherwise ceases to hold office, or is by reason of illness or any other sufficient cause unable to perform the functions of his office, the President or the Minister as the case may be, may appoint another person to act in his place until such time as the member is able to resume the performance of the functions of his office or until a new member is appointed to fill the vacancy.

(3) Where a person is elected as Chairman or appointed a member to fill a vacancy he shall hold office for the remainder of the term of the previous Chairman or member and may, subject to the provisions of this Act, be eligible for re-appointment, re-election or renomination.

Section 14—Meetings of Commission.

(1) The Commission or a Regional Lands Commission shall meet for the despatch of business at a time and place determined by the Chairman but shall meet at least once in every three months.

(2) The quorum at a meeting of the Commission or a Regional Lands Commission shall not be less than half of the membership of the Commission or Regional Lanes Commission.

(3) The Chairman shall preside at each meeting of the Commission or Regional Lands Commission but in his absence a member of the Commission or Regional Lands Commission appointed by the members present from among themselves shall preside.

(4) A member of the Commission or a Regional Lands Commission who is absent without sufficient reason from three consecutive meetings shall cease to be a member of the Commission or Regional Lands Commission.

(5) The validity of the proceedings of the Commission or a Regional Lands Commission shall not be affected by a vacancy in its membership or any defect in the appointment or qualification of a member.

(6) Questions before the Commission or a Regional Lands Commission shall be decided by a majority of the members present and voting.

(7) The Chairman or the person presiding at a meeting of the Commission or a Regional Lands Commission shall in the event of equality of votes have a second or casting vote.

(8) The Chairman of the Commission or Regional Lands Commission shall summon a special meeting of the Commission or Regional Lands Commission within fourteen days of the receipt of a written request for the special meeting signed by not less than four members of the Commission or Regional Lands Commission.

(9) Except as provided in this Act the Commission or a Regional Lands Commission shall regulate the procedure at its meetings.

Section 15—Power to Co-opt.

The Commission or a Regional Lands Commission may any person to act as an adviser at its meetings but no co-opt person is entitled to vote at a meeting.

Section 16—Appointment of Committee.

The Commission or a Regional Lands Commission may delegate any of its functions to committees composed of members or non-members or both except that a committee composed entirely of non-members may only advise the Commission.

PART III—ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Section 17—Lands Commission Secretariat.

(1) There is established by this Act a Lands Commission Secretariat referred to as "the Secretariat" which shall be the secretariat of the Commission.

(2) The Secretariat shall, subject to this Act, be responsible for giving effect to the decisions of the Commission and shall perform such functions as the Commission may determine.

Section 18—Executive Secretary.

(1) The Commission shall have an Executive Secretary who shall be a person knowledgeable and experienced in land administration.

(2) The Executive Secretary shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission.

(3) The Executive Secretary is responsible for the day-to-day administration of the Commission and the implementation of the decisions of the Commission subject to the general directives of the Commission.

(4) The Executive Secretary may delegate any of his functions to an officer of the Commission but shall not be relieved from ultimate responsibility for the discharge of the delegated function.

(5) The Executive Secretary shall be responsible for the Organisation and control of the employees of the Commission.

(6) The Executive Secretary shall act as the secretary to the Commission.

Section 19—Deputy Executive Secretary.

(1) The Commission shall have a Deputy Executive Secretary appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission.

(2) The Deputy Executive Secretary shall in the absence of the Executive Secretary perform his functions specified under section 17 of this Act and shall perform such other duties as may be assigned to him by the Executive Secretary.

Section 20—Other Staff of Commission.

(1) The Commission shall have such officers and staff as May be reasonably necessary for the effective discharge of its functions.

(2) The President may delegate to the Commission or any public officer the appointment of the officers and staff of the Commission.

(3) The officers and staff shall hold office upon such terms and conditions as the public Service Commission shall approve.

(4) Public officers who have specialised knowledge of the work of the Commission may be transferred or seconded to the Commission or may otherwise give assistance to it.

(5) The Commission may engage the services of constants and advisers.

Section 21—Funds of Commission.

(1) The funds of the Commission shall include—

(a) Government subventions;

(b) monies received by the Commission from any source approved by the Minister for Finance.

(3) The Commission may by legislative instrument levy charges for anything required or authorised to be done by this Act to provide further funds to meet the expenses of the Commission.

Section 22—Accounts and Audit.

(1) The Commission shall keep proper books of account and proper records in relation to them and the account books and records of the Commission shall be in a form approved by the Auditor-General.

(2) The books and accounts of the Commission shall be audited annually by the Auditor-General or an auditor appointed by him.

(3) A report on the audit shall be submitted to the Commission by the Additor-General or the auditor appointed by him within two months of the end of each financial year.

Section 23—Annual Report.

(1) The Commission shall, as soon as possible after the expiration of each financial year but within six months after the end of the preceding financial year, submit to the Minister an annual report dealing generally with the activities of the Commission and shall include—

(a) a copy of the audited accounts of the Commission together with the Auditor-Generals report on it; and

(b) such other information as the Minister may require.

(2) The Commission shall also submit to the Minister such other reports on its activities as the Minister may require.

(3)  A copy of the annual report shall be forwarded by the Commission to the—

(a)  Office of the President;

(b)  Minister for Finance;

(c)  Minister for Food and Agriculture;

(d) Minister for Environment, Science and Technology;

(e) Minister for Energy and Mines;

(f) Minister for Science and Technology;

(g) Minister for Roads and Highways;

(h) Minister for Works and Housing;

(i) Minister for Transport and Communications;

(i) Chairman, National Development Planning Commission;

(k) Governor, Bank of Ghana;

(l)  State Enterprises Commission;

(m) Government Statistician.

(4) The Minister shall as soon as possible but not later than three months after receiving the annual report cause it to be laid before Parliament.

Section 24—Access to Information.

The Executive Secretary and the Regional Lands Officer shall have access to the information and records of any department of state which are reasonably necessary for the performance of their functions under this Act.

Section 25—Offences.

Any person who—

(a) at the request of the Commission for information deliberately or negligently submits a false or misleading statement; or

(b) refuses without reasonable excuse to give information or provide a document which the Commission may reasonably request for the purpose of its functions; or

(c) refuses without lawful excuse to admit an officer or designated agent of the Commission on to the business premises or otherwise obstructs an inspection;

commits an offence and is liable on summary conviction to a fine not exceeding ¢7500,000 or to a term of imprisonment not exceeding six months or to both.

Section 26—Offences by Bodies Corporate.

(1) Where an offence under this Act or any regulations made under it is committed by a body of persons, the following shall apply—

(a) where the body of persons is a body corporate other than a partnership every Director, Manager, Secretary or an officer of similar status of that body corporate shall, also be deemed to be guilty of that offence;

(b) in the case of a partnership, every partner or officer of similar status shall be deemed to be guilty of that offence.

(2) No persons shall be deemed to be guilty of an offence under subsection (1) of this section if he proves that the act in respect of which he is charged was committed by another person without his consent or connivance and that he exercised all due diligence to prevent the commission of that act as he ought to have done having-regard to all the circumstances.

Section 27—Regulations.

The Minister may in consultation with the Commission by legislative instrument make such regulations as are necessary to give full effect to the provisions of this Act.

Section 28—Acts 123, 124, 125 to have Effect with Necessary Modifications.

The Administration of Lands Act, 1962 (Act 123); the Concessions Act, 1962 (Act 124);v the State Lands Act, 1962 (Act 125) and any other enactment relating to land, in force Immediately before the commencement of this Act, shall have effect with such as may be necessary to give effect to this Act.

Section 29—Interpretation.

 In this Act, unless the context otherwise requires—

"Commission" means the Lands Commission;

"Minister" means the Minister responsible for Lands and Forestry;

"Ministry" means Ministry for Lands and Forestry;

"traditional authority" means a House of Chiefs or any council or body established or recognised as such under customary law.

Date of Gazette Notification: 9th September 1994.