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LANDS (MISCELLANEOUS PROVISIONS)
ACT, 1963 (ACT 161)
ARRANGEMENT OF SECTIONS
Section
1. Application of State Lands Act,
1962 (Act 125).
2. Declaration and claims under
the State Property and Contracts
Act, 1960 (CA 6).
3. Prescription of fees under the
Concessions Act, 1962 (Act 124),
and the Minerals Act, 1962 (Act
126).
4. Commencement of the Land
Registry Act, 1962 (Act 122).
5. Amendment of Section 5 of the
Concessions Act, 1962.
SCHEDULE
Schedule
THE HUNDRED AND SIXTY-FIRST
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE LANDS (MISCELLANEOUS
PROVISIONS) ACT, 1963
Preamble
AN ACT to apply the State Lands
Act, 1962 (Act 125), to land held
on behalf of the Republic by
virtue of other enactments; to
make provision with respect to
procedure in cases of acquisition
of land commenced under the State
Property and Contracts Act, 1960
(CA 6), but not completed; to
provide for the prescribing of
fees by regulations made under the
Concessions Act, 1962 (Act 124),
and the Minerals Act, 1962 (Act
126); to make provision in
relation to the commencement of
the Land Registry Act, 1962 (Act
122); and to amend section 5 of
the Concessions Act, 1962.
DATE OF ASSENT: 22nd March, 1963
BE IT ENACTED by the President and
National Assembly in this present
Parliament assembled as follows:—
Section 1—Application of State
Lands Act, 1962 (Act 125).
The provisions of sections 5 and 6
of the State Lands Act, 1962 (Act
125), (which sections relate
respectively to the grant of
leases and licences by the
President and the making of
regulations by the Minister) shall
apply in relation to any land
vested in the President by or by
virtue of the State Property and
Contracts Act, 1960 (CA 6)
(hereinafter referred to as "the
Act of 1960"), or any other
enactment, other than the
enactments specified in the
Schedule hereto, as they apply in
relation to land acquired under
the said State Lands Act.
Section 2—Declaration and claims
under the State Property and
Contracts Act, 1960 (CA 6).
(1) Subject to the provisions of
this section, where a declaration
has been made by the President
under section 4 of the Act of 1960
in respect of any land but no
proceedings have been commenced in
the High Court under section 14 of
that Act for the grant of a
certificate of title to that land,
that declaration shall,
(a) in the case of a declaration
which relates to land to which the
Administration of Lands Act, 1962
(Act 123), applies, be deemed to
be a notice, published on the date
of commencement of this Act
(hereinafter referred to as "the
relevant date"), under subsection
(2) of section 10 of that Act
(which subsection relates to the
publication of notices concerning
land authorised by the President
to be occupied or used under
subsection (1) of that section),
and the provisions of that section
shall apply accordingly subject to
the following modifications, that
is to say,
(i)
where compensation has been agreed
for the purposes of the Act of
1960, no payments or compensation
shall be required by virtue of the
said section 10;
(ii) where compensation has not
been agreed as aforesaid, the
President shall publish a notice
in the Gazette giving particulars
of any payments which it is
intended to make under that
section;
(b) in any other case, be deemed
to be a declaration made by the
President on the relevant date
under section 1 of the said State
Lands Act, and the provisions of
that Act shall apply accordingly.
(2) Where any claim duly made
under subsection (1) of section 8
of the Act of 1960 is, on the
relevant date, under dispute but
has not been referred to the High
Court under section 9 of that Act,
that claim shall,
(a) where it arises out of a
declaration to which paragraph (a)
of the foregoing subsection
applies, be treated as if it had
been made by a person to whom
subsection (4) of section 10 of
the said Administration of Lands
Act applies;
(b) where it arises out of a
declaration to which paragraph (b)
of the foregoing subsection
applies, be treated as a claim
duly made on the relevant date
under section 4 of the said State
Lands Act, and the provisions of
the last-mentioned Act shall apply
to that claim accordingly, subject
to the modification that the
reference in subsection (3) of the
said section 4 to the date of the
publication of the instrument
shall be construed for the
purposes of the claim as a
reference to the date on which the
declaration giving rise to the
claim was made under section 4 of
the Act of 1960.
Section 3—Prescription of fees
under the Concessions Act, 1962
(Act 124), and the Minerals Act,
1962 (Act 126).
For the removal of doubt it is
hereby declared that the power
vested in the Minister to make
regulations by paragraph (c) of
subsection (1) of section 14 of
the Concessions Act, 1962 (Act
124), and by subsection (2) of
section 11 of the Minerals Act,
1962 (Act 126), shall be deemed
always to have included the power
to prescribe fees in those
regulations.
Section 4—Commencement of the Land
Registry Act, 1962 (Act 122).
The power conferred on the
Minister by section 37 of the Land
Registry Act, 1962 (Act 122), to
appoint, by legislative
instrument, a day on which that
Act is to come into operation,
shall be deemed always to have
included a power to appoint
different days for the coming into
operation of different provisions
of that Act.
Section 5—Amendment of Section 5
of the Concessions Act, 1962.
Section 5 of the Concessions Act,
1962 (which relates to the
cancellation of concessions by the
President) is hereby amended by
the substitution in subsection (4)
of that section for the words "the
cancellation of the concession by
the President", of the words "the
transmission of the application to
the Tribunal by the Minister".
SCHEDULE
(Section 1)
The Ashanti Stool Lands Act, 1958
(No. 28).
The Stool Lands Act, 1960 (Act
27).
The Administration of Lands Act,
1962 (Act 123).
The Concessions Act, 1962 (Act
124).
The Minerals Act, 1962 (Act 126). |
