32.
Other staff
for the Commission and Regional Lands Commissions
33.
Funds of the
Commission
34.
Accounts and
audit
35.
Annual
Report
36.
Access to
information
37.
Offences
38.
Offences by
bodies corporate
39.
Regulations
40.
Dissolution
of Specified Bodies
41.
Transfer of
assets, obligations and rights
42.
Interpretation
43.
Repeal
44.
Transitional
and saving provisions
45.
Consequential amendments
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
LANDS COMMISSION
ACT,
2008 ( ACT 767 )
AN ACT to
establish the Lands Commission to integrate,
subject to the Constitution, the operations of
public service land institutions under the
Commission in order to secure effective and
efficient land administration and to provide for
related matters.
DATE OF ASSENT: 4 DECEMBER 2008
ENACTED by the
President and Parliament:
The Lands Commission
Establishment
of the Lands Commission
1.
(1)
There is established by this Act the Lands
Commission in accordance with article 258 of
the Constitution.
(2) The
Commission is a body corporate with perpetual
succession, a common seal and may sue and be
sued in its corporate name.
(3) The
Commission may for the performance of its
functions acquire and hold movable and immovable
property and may 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 Commission
under any relevant enactment on the acquisition
of land by the State and the cost shall be borne
by the Commission.
Headquarters,
Regional and other branches or office of the
Commission
2.
(1) The
headquarters of the Commission shall be in
Accra.
(2) The Lands
Commission shall have a branch in each Region
known as the Regional Lands Commission for the
performance of the functions specified in
article 258 of the Constitution in respect of
the Region.
(3) The
Commission may establish district offices in
districts it may determine.
Ministerial responsibility
3. The Minister
responsible for Lands has ministerial
responsibility for the Lands Commission and may,
with the approval of the President, give general
directions in writing to the Commission on
matters of policy in respect of the functions of
the Commission and the Commission shall comply
with the directions.
Objectives of the Commission
4.
The
objectives of the Commission are to
(a)
promote the judicious use ofland by the society
and ensure that land use is in accordance with
sustainable management principles and the
maintenance of a sound eco-system; and (b)
ensure that land development is effected in
conformity with the nation's development goals.
Functions of the Commission
5.
For
the purpose of achieving its objectives, the
Commission shall (a) on behalf of the
Government, manage public lands and any other
lands vested in the President by the
Constitution or by any other law and 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 the country
to ensure that the development of individual
pieces of land is coordinated with the
(c)
formulate and
submit to Government recommendations on national
policy with respect to land use suitability or
capability;
(d)
advise on, and
assist in the execution of, a comprehensive
programme for the registration of title to land
throughout the country;
(e)
register deeds and instrument that affect land
throughout the country;
(f)
facilitate the
acquisition of land on behalf of Government;
(g)
establish
standards for and regulate survey and mapping of
the country;
(h)
provide
surveying and mapping services where necessary;
(t) license practitioners of cadastral
survey;
(j)
provide land and
land related valuation services;
(k)
ensure that
through sound, sustainable land use planning,
socio-economic activities are consistent with
sound land use through sustainable land use
planning in the long term national development
goals;
(I)
in collaboration
with other bodies instil order and discipline
into the land market through curbing the
incidence of land encroachment, unapproved
development schemes, multiple or illegal land
sales, land speculation and other forms of land
racketeering;
(m)in
collaboration with other bodies minimise or
eliminate, where possible, the sources of
protracted land boundary disputes, conflicts and
litigations in order to bring their associated
economic costs and socio-political upheavals
under control;
(n)
promote
community participation and public awareness at
all levels in sustainable land management and
development practices to ensure the highest and
best use of land;
(0) promote
research into all aspects of land ownership,
tenure and the operations of the land market and
the land development process;
(P)
impose and
collect levies, fees, charges for services
rendered; (q) establish and maintain a
comprehensive land information system, and
(r)
perform other
functions the Minister may assign to it.
Independence of
the Commission
6.
Except as
otherwise provided in the Constitution or in any
other law the Commission shall not be subject to
the direction or control of any person or
authority, in the performance of its functions.
Collaboration
and co-ordination with other public bodies
7.
(1) The
Commission shall in the performance of its
functions collaborate and co-ordinate with
(a)
the Office of
the Administrator of Stool Lands,
(b)
the department
responsible for town and country planning (c)
structures designed for the customary
administration of stool,
skin, family or
community-owned land or any other land, and
(d)
other public
agencies, government bodies and any other
private body that has operations or activities
relevant to the functions of the Commission.
(2) In
pursuance of subsection (1) (a), the
Minister may by legislative instrument prescribe
matters relating to collaboration and
co-ordination which may include
(a)
development of a framework for productive use
and management of stool lands and other lands,
(b)
methods for the generation and sharing of
information and records on stool lands and other
lands,
(c)
assessment and
collection of rents in respect of stool and
other applicable public lands, and where
necessary their disbursement, and
(d)
development and
acquisition, including shared use of
accommodation, equipment, staff, records and the
equitable sharing of related costs.
Composition, Qualifications and Appointment of
Members
Composition of the Commission
8.
(1)
The Commission, shall in accordance with article
259 of the Constitution consists of
(a)
the
Chairman, who shall not be a Minister or a
Deputy Minister;
(b)
one representative of, and nominated by (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 Agency; and
(viii) the
Ministry responsible for Lands and Natural
Resources; and
(c)
the
Executive Secretary of the Commission.
(2) The
President shall in accordance with article 70 of
the Constitution appoint the chairman and the
other members of the Commission.
(3) The
President shall determine the salaries and
allowances payable, the facilities and the
privileges available to the chairman and the
other members of the Commission in accordance
with article 71 (1) (d) (iv) of the
Constitution.
I Membership
of a Regional Lands Commission
9. A Regional
Lands Commission shall consist of the following
persons appointed by the Minister responsible
for Lands:
(a)
the chairman
who shall not be a Minister or a Deputy
Minister,
(b)
one
representative of, and nominated by, (i) the
Regional House of Chiefs,
(ii) each
District Assembly within the Region, and
(iii) the
department responsible for town and country
planning,
(c)
one nominee
of the Ghana Bar Association practising in the
Region,
(d)
one nominee
of the Ghana Institution of Surveyors practising
in the Region,
(e)
one nominee
of the National Association of Farmers and
Fishermen in the Region, and
(f)
the Regional
Lands Officer.
Functions of a
Regional Lands Commission
10.
(1) A
Regional Lands Commission 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.
(3) There shall
be no disposition or development of any stool
land unless the Regional Lands Commission of the
Region in which 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 for the area
concerned.
(4) The Regional
Lands Commission shall consult with the stools
and other traditional authorities in all matters
relating to the administration and development
of stool land and shall make available to them
all relevant information and data.
Qualification
for membership
11.
(1) A person
does not qualify for appointment as a member of
the Lands Commission or of a Regional Lands
Commission other than the Executive Secretary or
the Regional Lands Officer unless the person is
qualified to be a member of Parliament, except
that a person is not disqualified to be a
member under this section by reason only of the
person being a public officer.
(2) 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 that member
(a)
is
disqualified or suspended from practising that
profession by an order of a competent authority
made personally in respect of that member, or
(b)
ceases to be a member of the profession
otherwise than at the request of that member.
Tenure of office
of members
12.
(1) The chairman
and the other members of the Commission and the
chairman and members of a Regional Lands
Commission, other than the Executive Secretary
and a Regional Lands Officer, shall hold office
for a term of four years and may be eligible for
reappointment.
(2) The office
of the chairman or any other member of the
Commission or the chairman or any other member
of a Regional Lands Commission, other than the
Executive Secretary and the Regional Lands
Officer, shall become vacant if that person
(a)
ceases to hold
office under subsection (1),
(b)
becomes
disqualified under section 11 (1),
(c)
ceases to hold
office under section 16(4), or
(d)
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 office or for a stated misbehaviour.
Resignation
of members
13.
(1)
The chairman or any other member of the
Commission may resign from office by notice
addressed to the President.
(2) The
chairman or any other member of a Regional Lands
Commission may resign from office by notice
addressed to the Minister.
Removal of
members
14.
(1) The chairman
or a member of the Commission may be removed
from office by the President for inability to
perform the functions of office or for a stated
misbehaviour.
(2) The
chairman or any other member of a Regional Lands
Commission may be removed from office by the
Minister for inability to perform the functions
of office or for a stated misbehaviour.
Filling of
vacancies
15.
(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
or any other sufficient cause unable to perform
the functions of office, the members of the
Commission or of the Regional Lands Commission
shall elect one of their number to act as
chairman until the chairman is able to perform
the functions of 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 office, the President or the
Minister may appoint another person nominated by
the body concerned to act until the member is
able to resume the performance of the functions
of office or until a new member is appointed.
(3) Where a
person is elected as chairman or appointed a
member to fill a vacancy, that person shall hold
office for the remainder of the term of the
previous chairman or member and is eligible,
subject to the Constitution and this Act, for
re-appointment, re-election or re-nomination.
Meetings of the
Commission
16.
(1) The
Commission or a Regional Lands Commission shall
meet at least once in every three months for the
dispatch of business at a time and place
determined by the Commission or the Regional
Lands Commission.
(2) The quorum
at a meeting of the Commission or of a Regional
Lands Commission shall be one half of the
membership of the Commission or the Regional
Lands Commission.
(3) The chairman
shall preside at meetings of the Commission or
the Regional Lands Commission, and in the
absence of the chairman a member of the
Commission or the Regional Lands Commission
appointed by the members present from among
their number shall preside.
(4) A member of
the Commission or of a Regional Lands
Commission who is absent without sufficient
reason from three consecutive meetings ceases to
be a member of the Commission or of the Regional
Lands Commission.
(5) The validity
of the proceedings of the Commission or of a
Regional Lands Commission shall not be affected
by a vacancy in its membership or a defect in
the appointment or qualification of a member.
(6) Questions
before the Commission or of 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 of a Regional Lands Commission
shall in the event of equality of votes have a
casting vote.
(8) The chairman
of the Commission or of the Regional Lands
Commission shall summon a special meeting of the
Commission or the 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 the
Regional Lands Commission.
(9) Except as
provided in this Act, the Commission or a
Regional Lands Commission shall regulate the
procedure at its meetings.
17.
The Commission
or a Regional Lands Commission may co-opt a
person to act as an adviser at its meetings but
a co-opted person is not entitled to vote at the
meeting.
Appointment of committees
18.
The Commission
or a Regional Lands Commission may appoint a
committee composed of members or non-members or
both to assist in the performance of its
functions, except that a committee composed
entirely of non-members may only advise the
Commission or a Regional Lands Commission.
Administration
Divisions of the Commission
19.
The
Commission shall have the following divisions:
(a)
Survey and
Mapping,
(b)
Land
Registration,
(c)
Land
Valuation,
(d)
Public and Vested Lands Management, and
(e)
any
other Division the Commission may determine.
Functions of the Survey and Mapping Division
20.
The
Survey and Mapping Division has the following
functions:
(a)
supervise,
regulate and control the survey and demarcation
of land for the purposes of land use and land
registration;
(b)
take custody of
and preserve records that relate to the survey
of any parcel of land;
(c)
direct and
supervise the conduct of trigonometric,
hydrograhic, topographic and engineering
surveys;
(d)
coordinate the
preparation of plans from the data derived from
survey and any amendment of the plans;
(e)
coordinate the production of photogrammetric
surveys including aerial photography,
orthophotomapping, and remote sensing;
(f)
survey, map and
maintain the national territorial boundaries
including maritime boundaries;
(g)
supervise and
regulate operations that relate to survey of any
parcel of land:
(h)
develop and
maintain the national geodetic
(1) supervise,
regulate, control and certify the production of
maps; and
(j)
other
functions determined by the Commission.
Functions of
the Land Registration Division
21.
The
functions of the Land Registration Division
include
(a)
publication
of notices of registration upon receipt of an
application for registration;
(b)
registration
of tide to land and other interests in land;
(c)
registration
of deeds and other instruments affecting land in
areas outside compulsory title registration
districts;
(d)
maintaining
land registers that contains records of land and
other interests in land.
(e)
other
functions determined by the Commission.
Functions of
the Land Valuation Division
22.
The
functions of the Land Valuation Division include
(a)
assessing
the compensation payable upon acquisition of
land by the Government;
(b)
assessment
of stamp duty;
(c)
determining
the values of properties rented, purchased, sold
or leased by or to Government;
(d)
preparation
and maintenance of valuation list for rating
purposes;
(e)
valuation of
interests in land or land related interests for
the general public at a fee;
(f)
valuation of
interests in land for the administration of
estate duty; and
(g)
other
functions determined by the Commission
Functions of
the Public and Vested Lands Management Division
23.
The
functions of the Public and Vested Lands
Management Division include
(a)
facilitating
the acquisition of land for Government;
(b)
managing
state acquired and vested lands in conformity
with approved land use plans; and
(c)
other
functions determined by the Commission.
Appointment
of Executive Secretary
24. (1) There shall be an
Executive Secretary of the Commission who shall
be appointed by the President in accordance with
the advice of the Commission given in
(2) The
Executive Secretary is the Chief Administrator
and the chief Executive Officer of the
Commission
Secretariat of the Commission
25.
(1)
There shall be a secretariat of the Commission
which shall include the following:
(a)
Client Service
Access Unit,
(b)
General
Management and Logistics Unit,
(c)
Policy Planning,
Research and Special Projects Unit,
(d)
Monitoring and
Evaluation Unit,
(e)
Finance Unit,
(f)
Human Resource
Unit,
(g)
Internal Audit
Unit,
(h)
Legal Affairs
Unit,
(i) Land Information
Unit,
(k)
Public Relations
Unit, and
(I)
other units,
sub-units or departments the Commission may
determine.
(2) The Units
and departments shall operate under the chief
executive officer.
(3) The details
of the functions of the Units and departments
shall be determined by the Chief Executive
Officer in consultation with the heads of
Divisions and approved by the Commission.
Functions of
the Chief Executive Officer
26.
(1) The
Chief Executive Officer is responsible for the
day-to-day administration of the affairs of the
Commission and the implementation of the
decisions of the Commission subject to the
general directions of the Commission.
(2) The Chief
Executive Officer may delegate any of the
functions of the chief executive officer to an
officer of the Commission but is not relieved
from ultimate responsibility for the performance
of the delegated functions.
(3) The chief
executive officer is responsible for the
direction and supervision of the employees of
the Commission.
Deputy
Executive Secretaries
27. (1) The Commission shall
have two deputy Executive Secretaries appointed
by the President in accordance with article 195
of the Constitution.
(2)
The Deputy Executive Secretaries shall perform
such functions as may be assigned to them by the
Commission.
Directors of the Divisions of the Commission
28.
(1)
There shall be appointed by the President under
article 195 of the Constitution a director for
each Division of the Commission.
(2)
A director of a Division answers to the Chief
Executive Officer in the performance of
functions.
Solicitor Secretary to the Commission
29.
(1)
The Commission shall have a solicitor secretary
who shall be the head of the Legal Affairs Unit
of the Commission.
(2) The
solicitor secretary shall be the secretary to
the Commission and shall subject to the
directions of the Chief Executive Officer,
arrange the business and arrange to be recorded
and kept minutes of meetings of the Commission.
(3) The
Solicitor Secretary shall also perform functions
the Commission may through the Chief Executive
Officer direct or the Chief Executive may in
writing assign to the Solicitor Secretary.
Internal Auditor
30.
(1)
There shall be appointed for the Commission or a
Regional Lands Commission an internal auditor.
(2) The
internal auditor is answerable to the Chief
Executive Officer or the Regional Lands Officer
in the performance of the functions of internal
auditor.
Regional Lands Officer
31.
(1) There shall
be appointed in accordance with article 195 of
the Constitution a Regional Lands Officer for
each Regional Lands Commission.
(2)
Subject to the directions of the Chief Executive
Officer, a Regional Lands Officer shall perform
in the Region, the functions of the Chief
Executive Officer.
Other
staff for the Commission or a Regional Lands
Commission
32.
(1) There shall
be appointed by the President under article 195
of the Constitution other staff that the
Commission, a Regional Lands Commission or a
District Lands Commission may require.
(2) Other public officers may be seconded or
transferred to the Commission.
Financial and
Miscellaneous Provisions
Funds of the
Commission
33.
The funds of the Commission include,
(a)
moneys that Parliament may provide the
Commission for the performance of its functions,
(b)
moneys received
by the Commission from any other source approved
by the Minister and the Minister for Finance and
Economic Planning,
(c)
a proportion,
approved by Parliament of moneys received by the
Commission as levies, charges or fees under this
Act and any other enactment for services
rendered by the Commission.
Accounts and
audit
34. (1) The Commission shall keep books of accounts and proper records in
relation to those accounts in a form approved by
the AuditorGeneral.
(2) The
Commission shall not later than three months
after the end of the fincancial year, submit for
audit by the Auditor-General its books and
records of account.
(3) The
Auditor-General shall not later than three
months after the submission under subsection (2)
audit the books and records of accounts and
submit a report to Parliament.
(4) The
financial year of the Commission is the same as
the financial year of Government.
Annual
Report
35. (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 that deals
generally with the activities of the Commission.
(2) The
report shall include
(a)
a copy of the audited accounts of the Commission together with the
Auditor-General's report on it, and
(b)
any
other information required by the Minister.
(3) The
Commission shall submit to the Minister any
other reports on its activities required by the
Minister.
(4)
The Minister shall as soon as possible but not
later than three months after receiving the
annual report lay the report before Parliament
with comments the Minister considers necessary.
Access to
information
36. For the purpose of performance of its functions, the Commission or a
Regional Lands Commission shall have access to
information and records of any department of
State which are reasonably necessary for the
purpose.
Offences
37. A person who
(a)
on request by
the Commission or a Regional Lands Commission
for information deliberately or negligently
submits a false or misleading statement, or
(b)
upon due notice
refuses without reasonable excuse to give
information or provide a document which the
Commission or a Regional Lands Commission
reasonably requires for the purposes of its
functions, or
(c)
upon due notice
refuses without lawful excuse to admit an
officer or duly designated agent of the
Commission or a Regional Lands Commission
authorised on to the business or other premises
or otherwise obstructs inspection which has been
authorised by the Commission or a Regional Lands
Commission,
commits an
offence and is liable on summary conviction to a
fine not exceeding two hundred penalty units or
to a term of imprisonment not exceeding six
months or to both.
Offences by bodies
corporate
38. (1)
Where an offence under this Act or Regulation
made under this Act is committed by a body of
persons
(a)
in the case of a
body corporate, other than a partnership, every
director, manager, secretary or officer of
similar status of that body corporate shall be
deemed to have committed that offence;
(b)
in
the case of a partnership, every partner or
officer of similar status shall be deemed to
have committed that offence.
(2) A person
shall not be convicted of an offence under
subsection (1) if it is proved that the act was
committed by another person without the consent
or connivance of that person and that due
diligence was exercised to prevent the
commission of that act as ought to have been
done having regard to the circumstances.
Regulations
39.
The
Minister in consultation with the Commission may
by legislative instrument make Regulations
(a)
on standards for
survey, mapping, aerial photography and remote
sensing
(b)
relating to
registration of titles and deeds,
(c)
on valuation and
rating,
(d)
relating to
sustainable land management
(e)
providing for fees and charges required to be
paid under this Act, and
(f)
generally for the full and effective
implementation of the provisions of this Act.
Dissolution of
Specified Bodies
40.
The following
agencies and offices in existence immediately
before
the
coming into force of this Act are hereby
dissolved (a) the Survey Department;
(b)
the Land
Valuation Board;
(c)
the Land Title
Registry;
(d)
the Land
Registry; and
(e)
the Lands
Commission.
Transfer of
assets, obligations and
rights
41.
Subject to
section 43 (2) the assets, records, rights,
obligations and liabilities of
(a)
the Lands
Commission;
(b)
the Survey
Department;
(c)
the Land
Valuation Board;
(f) the Land Title
Registry; and
(g)
the Lands
Registry
in existence immediately
before the coming into force of this Act, are
transferred to the Commission established under
section 1.
Interpretation
42.
In this Act,
unless the context otherwise requires,
"Chief Executive
Officer" means the Executive Secretary,
"Commission" means the Lands Commission
established under
"Minister"
means the Minister responsible for Lands;
"traditional authority" includes a House of
Chiefs or a council or body established or
recognised under the customary law as a
traditional authority.
Repeal and
deletion
43.
(1) The Lands Commission Act, 1994 (Act 483) is repealed.
(2) The Civil
Service (Structure) Regulations 1961 (L.l. 139)
is amended by the deletion of "Surveys Division"
in the First Schedule, Part II under the heading
Ministry of Works and Housing.
Transitional and
Saving Provisions
44.
(1) The
President shall, in accordance with the advice
of the Commission given in consultation with
the Public Services Commission and within a
period the President shall determine upon the
coming into force of this Act, transfer to the
Commission established under this Act such
number, as the President may determine, of
personnel employed immediately before the coming
into force of this Act for the Lands Commission,
the Land Title Registry, the Lands Registry, the
Survey Department and the Lands Valuation Board.
(2) Where a
person to whom subsection (1) applies is not
transferred under the subsection the appointing
authority shall deal with the appointment as he
considers fit including payment of the
applicable retirement benefits and severance
awards.
(3) The
President may delegate his power under
subsections (1) and (2) to the Commission or a
member of the Commission or to any public
officer.
(4) A transfer
to the Commission shall for the purposes of
pension or other retirement benefits constitute
a continuous service in the public service.
(5) The terms
and conditions of service of a person
transferred to the Commission under subsection
(1) shall not be less favourable than those
applicable to him immediately before the coming
into force of this Act.
(6) Despite the
repeal of the Lands Commission Act 1994 (Act
483), every statutory instrument made under it
and every right, authorisation, permit, licence
or certificate granted under the Act and in
force immediately before the coming into force
of this Act shall continue in force as if made
or granted under this Act.
(7) Despite the
repeal of the Lands Commission Act, 1994 (Act
483), the Chairman and members of the Lands
Commission and the Regional Lands Commission may
continue to hold office for the unexpired period
of their statutory appointment term subject to
the powers of the President and the Minister,
provided for in Article 264(2)(c) of the
Constitution.
Consequential
amendments
45.
On the coming
into force of this Act, unless the context
otherwise
requires, a
reference in
(a)
the Land
Registry Act 1962 (Act 122), (b) the
Survey Act 1962 (Act 127),
(c)
the Land Title
Registration Act, 1986 (P.N.D.C.L.152), and
(d) any other legislation in force
to "Land
Registry", "Land Title Registry", "Chief
Registrar of Lands", "Registrar of Lands", "Land
Registrar", "Director of Survey", "Survey
Department", "Survey Division", "official
surveyor" or Land Valuation Board shall be
deemed to be a reference to the Commission and
the provision concerned shall be read with the
necessary modifications.
Date of Gazette
notification:
