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LANDS (STATUTORY WAYLEAVES) ACT,
1963 (ACT 186)
ARRANGEMENT OF SECTIONS
Section
1. Creation of statutory wayleaves.
2. Works for which statutory
wayleaves may be created.
3. Rights of entry for survey.
4. Rights of entry for
construction.
5. Rights of entry for inspection,
maintenance, etc..
6. Compensation.
7. Regulations.
8. Interpretation.
9. Other enactments relating to
entry on, and acquisition of,
land.
THE HUNDRED AND EIGHTY-SIXTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE LANDS (STATUTORY WAYLEAVES)
ACT, 1963
AN ACT to provide for entry on any
land for the purpose of the
construction, installation and
maintenance of works of public
utility, and for the creation of
rights of way and other similar
rights in respect of such works
and for purposes connected with
the matters aforesaid.
DATE OF ASSENT: 16th July, 1963
Be IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Creation of Statutory
Wayleaves.
(1) Where the President is of the
opinion that it is in the public
interest that any right of way or
other similar right over any land
(hereafter in this Act referred to
as a "statutory wayleave") be
created in respect of the whole or
any part of any of the works
specified in the next following
section he may, subject to the
provisions of this Act, by
executive instrument (hereafter in
this Act referred to as a "wayleave
instrument") declare the land
specified in the instrument to be
subject to such statutory wayleave
as is specified therein; and on
the publication of a wayleave
instrument and without further
assurance the land shall be deemed
to be subject to that wayleave
which shall, in accordance with
the terms of the instrument, enure
to the benefit of the Republic,
any statutory corporation
specified in the instrument, or
the public generally.
(2) A wayleave instrument shall
contain the following particulars,
that is to say—
(a) a description (with
measurements) of the land affected
by the statutory wayleave together
with a plan showing the position
of the works constructed thereon;
(b) particulars of the person or
body for whose benefit the
wayleave is to enure; and
(c) such other particulars of the
said works as the President thinks
necessary or expedient to include
in the instrument.
(3) A copy of every wayleave
instrument shall be served on the
owner or occupier of the land
affected by the statutory wayleave,
and if neither the owner or
occupier can be found shall be
posted in a conspicuous place on
the land and published in a
newspaper circulating in the
locality.
(4) Any land subject to a
statutory wayleave shall
(notwithstanding any rule of law)
continue to be subject thereto
until the wayleave is terminated
in accordance with regulations
made under this Act.
Section 2—Works for which
Statutory Wayleaves may be
Created.
(1) A statutory wayleave may be
created in respect of any of the
following works, that is to say—
(a) any highway; and
(b) any other structure or works
for the purpose of, or in
connection with, any public
utility service;
any such works being hereafter in
this Act referred to as "specified
works".
(2) Any statutory wayleave created
for the purposes specified in
paragraph (a) of the foregoing
subsection shall, unless the
contrary intention appears in the
instrument creating the wayleave,
be deemed to include the purposes
specified in paragraph (b) of that
subsection.
(3) In this section the expression
"public utility service" means any
service provided by the Republic,
any local authority or statutory
corporation, for supplying
electricity, water (for any
purpose) or gas, or for supplying
sewerage, transport or
telecommunication facilities or
facilities connected with the
operation of any port, railway,
tramway or airport.
Section 3—Rights of Entry for
Survey.
(1) With a view to determining
whether any land is suitable for
the construction of any specified
works, any public officer or other
person acting on behalf of the
Republic, any local authority or
statutory corporation may, if
authorised by or on behalf of the
Minister with the agreement of the
appropriate Minister (any person
so authorised being hereafter in
this Act referred to as an
"authorised person") and subject
to subsection (2) of this section,
enter upon any land for the
purpose of surveying that land.
(2) Before entering on any land in
pursuance of the foregoing
subsection the authorised person
shall give to any person in
occupation of that land not less
than twenty-four hours notice of
his proposed entry; and the notice
shall contain particulars of the
land to be surveyed, the purpose
of the survey and of the works
proposed to be constructed
thereon.
(3) Any Minister having functions
under this section may delegate
those functions.
Section 4—Rights of Entry for
Construction.
(1) Subject to the provisions of
this section an authorised person
may enter on any land for the
purpose of carrying out any
specified works if—
(a) he has given not less than one
week's notice in writing to the
owner or occupier of the land of
the proposed entry; or
(b) where neither the owner or
occupier of the land can be found,
has posted a notice indicating the
date of the proposed entry (being
a date not less than one week
after the posting of the notice)
in some conspicuous place on the
land.
(2) Any notice given to any owner
or occupier or posted on any land
in pursuance of the foregoing
subsection shall contain
particulars of the land to be
affected by the proposed works and
particulars of those works,
including their position by
reference to a plan.
(3) Any person who wilfully
obstructs an authorised person in
the exercise of his rights under
this, or the last foregoing,
section shall be guilty of an
offence and shall be liable on
conviction to a fine not exceeding
fifty pounds or to a term of
imprisonment not exceeding three
months or to both.
Section 5—Rights of Entry for
Inspection, Maintenance, Etc.
An authorised person may at any
time enter on any land for the
purpose of inspecting,
maintaining, replacing or removing
any specified works.
Section 6—Compensation.
(1) Where any person suffers any
loss or damage as a result of the
carrying out of any survey under
this Act or as a result of the
installation, construction,
inspection, maintenance,
replacement or removal of any
specified works that person shall,
save in so far as the loss or
damage resulted from or arose out
of the acts of that person, his
servants or agents, and subject to
the provisions of this section, be
entitled to compensation of an
amount assessed by the Minister in
respect of such loss or damage;
and in assessing such compensation
the Minister may take into account
in reduction thereof any amount by
which a person's land has
increased in value as a result of
the installation or construction
of the works.
(2) Any claim for compensation
under the foregoing subsection
shall be made to the Minister in
the prescribed form not more than
three months (or such longer
period as the Minister may either
generally or in any particular
case direct) after the date of the
declaration made by the President
under section 1 of this Act.
(3) No person shall be entitled to
any compensation under this
section for any loss or damage if—
(a) in the opinion of the
Minister—
(i)
where the alleged damage is to
land, that land has ben
sufficiently reinstated; or
(ii) where the alleged loss arises
out of the deprivation of the use
of any land, the person alleging
the loss has been offered other
land of equivalent value;
(iii) where the alleged damage is
to movable property, that property
has either been replaced or
sufficiently restored; or
(iv) the works constructed do not
substantially interfere with the
enjoyment of the land;
(b) where the alleged loss arises
out of the construction of a
highway, that construction does
not deprive the owner of the
parcel of land affected thereby of
more than one-fifth of the parcel
and the remainder of that parcel
continues to be suitable for use
for the purposes for which it was
being used before the highway was
constructed.
(4) Where any person is
dissatisfied with the amount of
compensation assessed by the
Minister under this section, but
in no other case, the matter may
be referred by the Minister to a
Tribunal established in accordance
with the next following
subsection.
(5) The Tribunal shall consist of
three persons appointed by the
President, following consultation
with the Chief Justice, and one of
those persons shall be a Judge of
the High Court who shall be
chairman of the Tribunal.
Section 7—Regulations.
The Minister may, by legislative
instrument, make regulations—
(a) providing for all matters
relating to the procedure and
functions of the Tribunal
established under this Act; and
(b) generally for giving effect to
the provisions of this Act, and
any regulations made by the
Minister may, without prejudice to
the generality of the foregoing
words, impose charges upon any
person or make provision for the
payment of fees to the Minister or
to any person appointed by him,
and may make provision for the
termination of any statutory
wayleave and for all matters
connected therewith.
Section 8—Interpretation.
In this Act, unless the context
otherwise requires, the following
expressions have the meanings
hereby assigned to them
respectively, that is to say—
"The Appropriate Minister" means
the Minister responsible for the
works concerned;
"highway" means any road, street,
path, pavement or square and
includes any bridge or other
structure associated therewith;
"the Minister" means the Minister
responsible for lands;
"specified Works" has the meaning
assigned to it by section 2 of
this Act;
"statutory Wayleave" has the
meaning assigned to it by section
1 of this Act;
"transport" includes transport by
canal, by overhead cable, conveyor
or rail, or by pneumatic dispatch
tube or by pipe line;
"wayleave
instrument" has the meaning
assigned to it by section 1 of
this Act.
Section 9—Other Enactments
Relating to Entry on, and
Acquisition of, Land.
This Act shall not be construed as
in any way being prejudiced by any
other enactment relating to the
entry on, or the acquisition of,
any land for any purpose
whatsoever.
PUNISHMENT OF HABITUAL CRIMINALS
ACT, 1963 (ACT 192)
ARRANGEMENT OF SECTIONS
Section
1. Punishment of Habitual Criminal
Offenders.
2. Medical Examination of Offender
in Certain Cases.
3. Convictions by Circuit,
District and Local Courts.
4. Repeal and Transitional
Provision.
5. Construction of this Act.
THE HUNDRED AND NINETY-SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE PUNISHMENT OF HABITUAL
CRIMINALS ACT, 1963
AN ACT to provide for the
punishment of habitual criminal
offenders and for purposes
connected therewith.
DATE OF ASSENT: 9th October, 1963.
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Punishment of Habitual
Criminal Offenders.
(1) Where a person who is not less
than twenty years of age—
(a) is convicted of any offence
other than an offence for which he
is liable to suffer death; and
(b) has been convicted previously
of at least two offences, each of
which is either a felony or a
misdemeanor; and
(c) it appears to the High Court,
after enquiring into the
circumstances of the case, that by
reason of his criminal habits or
tendencies or of his association
with persons of bad character, it
is expedient for the protection of
the public that he should be
detained in custody for a
substantial period,
the Court shall, subject to the
next following section, pass (in
lieu of any other sentence) a
sentence of preventive custody
with productive hard labour for
such term, not being less than ten
years, as the Court may determine.
(2) In this Act the expression
"productive hard labour" has the
meaning assigned to it by the
Public Property (Protection) and
Corrupt Practices (Prevention)
Act, 1962 (Act 121).
Section 2—Medical Examination of
Offender in Certain Cases.
(1) Where in the case of any
offender to whom subsection (1) of
the foregoing section applies the
High Court has reason to believe
that his physical or mental
condition is such as to render him
unsuitable for a sentence of
preventive custody with productive
hard labour under that section,
the Court shall, before passing
such sentence—
(a) cause an enquiry to be held
into, and a written report to be
made on, the physical and mental
health of that offender by a
medical Board consisting of not
fewer than two suitably qualified
medical practitioners appointed by
the Court after consultation with
the Chief Administrator of the
Ministry of Health;
(b) consider the report of the
Board and take such further
medical evidence concerning the
offender as the Court thinks fit;
and
(c) furnish the offender or his
lawyer with a copy of the report.
(2) Where, having regard to such
report or further medical
evidence, or to any
representations made by or on
behalf of the offender, the Court
is satisfied that his physical or
mental health is such as to render
him unsuitable for a sentence of
preventive custody with productive
hard labour, but for no other
reason, the Court shall (in lieu
of such sentence) pass such other
sentence as is authorised by law
in relation to the offence of
which he is convicted.
Section 3—Convictions by Circuit,
District and Local Courts.
(1) Where the Court by which an
offender to whom paragraphs (a)
and (b) of subsection (1) of
section 1 of this Act apply is
convicted is a Circuit Court,
District Court or Local Court, the
Court shall not pass sentence upon
him but shall commit him for
sentence to the High Court, and
any enactment relating to the
powers of any Court upon committal
for trial shall apply, so far as
is relevant, to the committal for
sentence.
(2) Following such committal the
High Court shall have power to
deal with the offender as if he
had been convicted by that Court
of the offence (and, if the
offence is an indictable one, as
if he had been convicted on
indictment) and the conviction and
sentence shall be subject to
appeal as if he had been so
convicted.
Section 4—Repeal and Transitional
Provision.
(1) Section 402 of the Criminal
Procedure Code, 1960 (Act 30)
(which section relates to
preventive custody) is hereby
repealed.
(2) The repeal of the said section
402 shall not affect any case in
which, at the date of the passing
of this Act, enquiries are being
made under subsection (2) of the
said section; and any such case
shall continue to be dealt with by
the High Court as if this Act had
never been passed.
Section 5—Construction of this
Act.
This Act shall be read as one with
the said Criminal Procedure Code.
AIRPORT TAX ACT, 1963 (ACT 209)
As amended by
AIRPORT TAX (AMENDMENT) LAW, 1985
(PNDCL 128)1
THE AIRPORT TAX (AMENDMENT) ACT,
2001 (ACT 596)2
THE AIRPORT TAX (AMENDMENT) ACT,
2003 (ACT 638)3
ARRANGEMENT OF SECTIONS
Section
1. Imposition of airport tax.
2. Exemptions.
3. Functions of the Commissioner.
4. Owners of aircraft to see that
tax is paid.
5. Regulations.
6. Penalty.
7. Offences by bodies of persons.
8. Interpretation.
8A. Repeal
9. Commencement of Act.
THE TWO HUNDRED AND NINTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE AIRPORT TAX ACT, 1963
AN ACT to impose a tax for the use
of any airport in Ghana by
aircraft passengers, to provide
for its collection and for matters
connected therewith or incidental
thereto.
DATE OF ASSENT: 3rd December, 1963
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Imposition of Airport
Tax.
(1) Every passenger departing from
an airport in the country by
aircraft shall pay to the
Commissioner in respect of each
flight
(a) to a destination outside the
country, a tax of US$50; and
(b) to a destination within the
country, a tax of ¢10,000.
(2) 40% of payment made under
subsection (1) shall be paid by
the Commissioner to the Ghana
Civil Aviation Authority. [As
substituted by the Airport Tax
(Amendment) Act, 2003 (Act 638)].
Section 2—Exemptions.
No tax shall be levied in respect
of the following passengers:—
(a) a child under two years;
(b) a passenger in transit who is
staying less than twenty-four
hours in Ghana; and
(c) a passenger in transit who
satisfies the Commissioner that he
has been unavoidably delayed in
Ghana.
Section 3—Functions of the
Commissioner.
(1) It shall be lawful for the
Commissioner to—
(a) inspect any premises for
ascertaining whether the
provisions of this Act are being
carried out; and
(b) request in writing any person
to furnish returns and other
documents for the purposes of this
Act.
(2) Any person who prevents the
Commissioner without reasonable
cause from inspecting any premises
for the purposes of this Act, or
who fails to furnish a return or
document which he is requested to
furnish by the Commissioner within
the period specified in the
request, or who furnishes a false
or incorrect return or document,
shall be guilty of an offence and
shall, on summary conviction, be
liable to a fine not exceeding one
hundred pounds or to imprisonment
for a term not exceeding one year
or to both such fine and
imprisonment.
Section 4—Owners of Aircraft to
see that Tax is Paid.
Every person who owns, or is
responsible for, an aircraft shall
see to it that the tax applicable
to a passenger has been paid.
Section 5—Regulations.
The Minister of Finance may make
regulations for carrying out the
principles and provisions of this
Act.
Section 6—Penalty.
Any person who contravenes the
provisions of this Act shall be
guilty of an offence and shall, on
summary conviction, be liable to a
fine not exceeding one hundred
pounds or to imprisonment for a
term not exceeding twelve months
or to both such fine and
imprisonment.
Section 7—Offences by Bodies of
Persons.
In the case of an offence by a
body of persons—
(a) where the body of persons is a
body corporate, every director and
officer of the body corporate
shall be deemed to be guilty of
that offence; and
(b) where the body of persons is a
firm, every partner of that firm
shall be deemed to be guilty of
that offence:
Provided that no such person shall
be deemed to be guilty of the
offence, if he proves that such
offence was committed without his
knowledge or that he exercised due
diligence to prevent the
commission of the offence.
Section 8—Interpretation.
In this Act, unless the context
otherwise requires—
"Commissioner" means Commissioner
of Income Tax or any other person
authorised in that behalf by him;
and
"Tax" means the tax payable under
section 1.
Section 8A—Repeal.
The Airport Tax (Amendment) Law,
1985 (PNDCL 128) is repealed..
[Inserted and to be cited as the
Airport Tax (Amendment) Act, 2001
(Act 596), s.2]
Section 9—Commencement of Act.
This Act shall come into force on
the first day of December, 1963.
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