IN
exercise of the powers conferred
on the Minister responsible for
Local Government and Rural
Development by subsection (1) of
section 3 of the Local
Government Act, 1993 (Act 462)
and with the prior approval of
the Cabinet, this Instrument is
made this 1st day of November
2007.
Establishment of Assembly
1. There is hereby established a
Municipal Assembly to be known as the
Jasikan District Assembly
referred to in this Instrument
as "Assembly" for the area
specified in the First Schedule
to this Instrument.
Composition of members of
Assembly
2. (1) The Assembly shall
consist of the following
members:
(a)
the District Chief
Executive:
(b)
21
persons representing the
electoral areas within the
District elected by universal
adult suffrage in accordance
with regulations made for that
purpose by the Electoral
Commission;
(c) the
member or members of Parliament
from the constituencies that
fall within the area of
authority of the Assembly,
except that the member or
members shall have no voting
rights; and
(d)
other persons not exceeding 30
per cent of the total membership
of the Assembly appointed by the
President in consultation with
the traditional authorities and
other interest groups in the
District.
(2) The members appointed under
sub-paragraph (d) of
sub-regulation (1) may be
re-appointed
(3) Elections to the Assembly
shall be held once every four
years except that such elections
and elections to Parliament
shall be held at least six
months apart.
(4) For the purpose of election
to the Assembly the area of
authority of the Assembly shall
be divided into the electoral
areas specified in the First
Schedule to this Instrument.
(5) The Assembly may conduct its
business in English and in any
Ghanaian language common to the
communities in the District.
(6) The emoluments of the
members of the Assembly shall
unless otherwise provided in Act
462 be determined by the
Assembly and shall be paid out
of the resources of the
Assembly.
Functions of Assembly
. (I)
The Assembly shall perform the
functions conferred on District
Assemblies by the Local
Government Act, 1993 (Act 462).
(2) Without limiting the scope
of sub-paragraph (1) of this
regulation the Assembly shall
perform the functions set out in
the Second Schedule to this
Instrument.
Common Seal
4. (I) The Assembly shall have a
Common Seal which shall be such
as the Minister may approve by
notice in the Gazette.
(2) Until the time as the Common
Seal approved in sub
regulation(1) available, a
rubber stamp bearing the
inscription "
Jasikan District Assembly
' shall be used as the Common
Seal.
Administrative area of
authority
5. The area of authority of the
Assembly shall comprise the area
specified in the First Schedule
to this Instrument.
Location of principal offices of
assembly
6. The Assembly shall establish
its principal offices at
Jasikan
where meetings the Assembly
shall be held.
Inaugural Meeting
7. (1) The Assembly shall hold
its inaugural meeting on the
date as the Minister shall with
the prior approval of the
Cabinet determine.
(2) A Presiding Member of the
Assembly shall be elected at the
Inaugural Meeting.
Revocation
8. (1) The Local Government (
Jasikan
District Assemblies)
(Establishment Instrument,1988
(L.I.1462) is hereby revoked.
(2) Despite the revocation under
Regulation 8 (1), units that
were in existence under the
revoked Instrument immediately
before the commencement of the:
Regulations shall operate as
units under the Assembly within
which they fall und this
Instrument until the electoral
areas are revised by the
Electoral Commission.
FIRST SCHEDULE
AREAS OF AUTHORITY AND ELECTORAL
AREAS
1.
Kabisayu
2.
Ketu- Ka10nte
3.
Ketudze
4.
Okome
5.
Okadjakrom
6.
Atonkor
7.
Kudje
8.
Akaa
9.
Guaman
10.
Nsuta
11.
New Ayoma
12.
01dAyoma-Dzo1u
13.
Odumase
14.
Baglo
15.
Bodada
16.
Kayadan
17.
Old Baika
18.
AdabrakaiKetudze
19.
Teteman
20.
New Baika
21.
Kute
SECOND SCHEDULE
FUNCTIONS OT THE ASSEMBLY
It is be the duty of the
Assembly-
1.
to promote and safeguard public
health and for this purpose the
Ministry of Health shall assign
Medical Officers of Health,
health inspectors and other
staff as appropriate except
semi-skilled and unskilled
laborers to the District
Assembly for the proper
discharge of this duty;
2.
to cause the District to be
inspected regularly for the
detection of nuisances or any
condition likely to be offensive
or injurious to health;
3.
if satisfied that a nuisance or
any condition likely to be
offensive or injurious to health
exists, to cause proper steps to
be taken to secure the abatement
of the nuisance or the removal
of the condition;
4.
to ensure the provision of
adequate and wholesome supply of
water ‘throughout the entire
District in consultation with
the Community Water and
Sanitation Agency/Ghana Water
Company Ltd;
5.
to establish, install, build,
maintain and control public
latrine, lavatories urinal and
wash places;
6.
to establish, maintain and can)'
out services for the removal of
night-soil form any building and
for the destruction and
treatment of such night-soil;
7.
to establish, maintain and carry
out services for the removal and
destruction of all refuse, filth
and carcasses of dead animals
from any public or private
place;
8.
to regulate any trade or
business which may be noxious or
injurious to public health or a
source of danger to the public
or which otherwise it is in the
public interest to regulate;
9.
to provide for the inspection of
all meat, fish, vegetables and
all other foodstuffs and
liquids of whatever kind or
nature intended for human
consumption whether exposed for
sale or not; and to seize,
destroy and otherwise deal with
all such foodstuffs or liquids
as are unfit for human
consumption and to supervise and
control the manufacture of
foodstuffs and liquids of
whatever kind or nature intended
for human consumption:
10.
to provide, maintain, supervise
and control slaughter-houses and
pounds and all such matters and
things as may he necessary for
the convenient use of
slaughter-houses;
11.
to prevent and deal with the
outbreak or the prevalence of
any disease;
12.
to prevent the spread of and
exterminate tsetse-fly,
mosquitoes, rats, bugs
and other vermin;
13.
to prohibit or regulate the
making of borrow-pits or other
excavations;
14.
to establish and maintain
cemetel1es;
15.
to provide crematoria where in
the opinion of the Assembly it
is expedient so to do;
16.
to regulate or prohibit the
sinking of wells and provide for
the closure of wells;
17.
to establish, maintain and
control pounds, seize and
impound any stray animal and
provide for the payment of
compensation for damage done by
such animal;
18.
to provide that the owner or
occupier of any land or
tenements maintain clear and
keep free from vegetation, the
roads, streets or paths
adjoining his land or tenements;
19.
to provide for the control,
destruction and licensing of
dogs;
20. to provide for the
control, regulation, inspection,
supervision and licensing of
(i) social halls,
dance halls and places
entertainment;
(ii) lodging and eating houses;
(iii) any premises or land in or
upon which any profession,
occupation, trade or business
is carried on; and
(iv) occupations
as the Minister may specify in
an Instrument from time to time;
21.
to establish and operate clinics
and dressing stations in
consultation with the Ministry
of Health;
22.
to construct, repair and
maintain and keep clean all
streets;
23.
to divert or alter where
necessary the course of any
street;
24.
to provide or arrange for
electric lighting in streets and
other public places and where
necessary to provide and
maintain electricity supply in
consultation with the
Electricity Company of Ghana;
25.
to construct, repair and
maintain all public roads other
than trunk roads but including
feeder roads and to undertake
road rehabilitation programmes
within the District;
26.
to prescribe the conditions
subject to which the erection
and construction, demolition,
re-erection, and
re-construction, conversion and
re-conversion. alteration,
repair, sanitation and
ventilation of public and
private buildings and structures
may be undertaken and carried
out;
27.
to provide for building lines
and the layout of buildings, to
prepare and under·· take and
otherwise control schemes for
improved housing layout and
settlement;
28.
to prescribe the conditions to
be satisfied on a site for any
building or for all: class of
buildings;
29.
to prohibit the construction of
any new building unless and
until the building plans thereof
have been submitted to and
approved b.' he Assembly:
30.
to provide for the demolition of
dangerous buildings and for the
recovery of any expenses
incurred in connection
therewith;
31.
to maintain, as agents of
Central Government, all public
buildings, including prestige
buildings put up by the Central
Government and previously
maintained by the Public Works
Department;
32.
to maintain as agents of the
Ghana Highway Authority, trunk r
ad I ling within the
boundaries of the area of
authority of the Assembly:
33.
to take steps to ensure the
effective maintenance of all
Government properties within
its area of authority;
34.
to prohibit or regulate the use
in any defined area of any
inflammable material in the
construction or repair of any
building;
35.
to control and regulate the
sitting of advertisements and
hoardings or other structures
designed for the display of
advertisements.;
36.
to build, equip, open, close and
maintain market. prohibit the
erection of stalls in places
other than markets and prevent
the sale and purchase of goods
or stock near established
markets or elsewhere;
37.
to fix days and hours during
each day on which a market may
be held and prevent the sale and
purchase of goods in markets on
any day or at any hour except,
those fixed;
38.
to regulate and control markets
including the fixing of and
collation of stallages rents and
tolls;
39. (1) to require the owner of
any premises to do any of the
followings acts
(i) to remove, lower or trim to
the satisfaction to the Assembly
any tree, shrub or hedge
overhanging or interfering or
anyway with the traffic in any
street or with any wires or
work" thereof:
(ii) to remove
any dilapidated fence or
structure abutting any public
place;
(iii) to
paint, distemper, white-wash or
color-wash the outside walls or
roof of any building forming
part of the premises;
(iv) to tidy the premises;
and
(v) to remove any derelict
car or other vehicles;
(2) in the event of the owner
failing to comply with a notice
from the Assembly requiring him
to perform any of the acts
specified in sub-paragraphs (i-v)
of paragraph (1) the Assembly
shall be at liberty to undertake
the work and surcharge the owner
with the cost;
40.
to build, equip and maintain all
public basic and special schools
as are in the opinion of the
Minister for Education, after
consultation with the Minister
responsible for Local
Government, required in its
area;
41.
to advise the Minister for
Education on all matters
relating to basic schools and
such other matters as may be
referred to it by the Minister
for Education;
42.
to be responsible for-
(i) postings
and transfers within its area of
authority of teachers including
pupil teachers;
(ii) keeping records of
Teachers;
(iii) discipline of teachers in
accordance with the disciplinary
code laid down by the Ghana
Education Service; (iv)
appointment of school welfare
offers; (v) recommending
teachers for study leave;
(vi) appointment of head
teachers in accordance with
rules laid down by the Ghana
Education Service; (vii)
supervision of basic schools;
(viii) formation of education
committees;
(ix) collection of statistical
data and other information;
(x) in-service training for
public teachers;
(xi) nursery school education;
(xii) approval for the opening
of private basic schools;
(xiii) payment of teachers'
salaries from funds made
available by Government;
(xiv) indenting for the supply
and distribution of textbooks;
and
(xv) disbursement of Education
Grants;
43. to provide for the control
and regulation of-
(i) concerts,
musical or theatrical
performances, cinemas, fairs,
circuses and other entertainment
to which admission is to be
obtained on payment of moneys or
of any reward, except where the
whole proceeds are being devoted
to charity; and
(ii) horse-racing meetings;
44.
to grant and maintain
scholarships or bursaries to
suitable persons to attend any
school or other educational
institution in Ghana or
elsewhere,
45.
to provide for the establishment
and maintenance of facilities
for arts and crafts, for
recreation and sports,
46.
to establish, maintain, control
and contribute to bands for
musical performances in public
places and at functions arranged
by the Assembly, and generally
to provide musical
entertaim11ent in such places
and at such functions,
47.
to arrange for the provision of
public libraries in consultation
with the Ghana Library Board,
48.
with the prior approval of the
Ghana Museums and Monuments
Board, to control the disposal
of any African antique work of
art,
49.
to organize community
development programmes to
improve and enrich rural life
through running literacy and
adult education classes,
organizing voluntary
contributions and communal
labour for the provision of such
facilities and services as water
supplies, roads, school
buildings, community centre and
public places of convenience;
and teaching village women the
management of home and care of
children,
50.
to take measures as would
promote the well-being of
under-privileged children and
the stability of the distress
family,
51.
to organize and maintain child
care centre and ensure the
proper running and management of
such centre,
52.
to establish, run and manage
children's homes and offer
parental care for the deprived,
namely, orphans and those that
are neglected or abandoned,
53.
to render relief services in the
form of supply of material
during natural disasters, e.g.
floods, fire, earthquakes,
accidents,
54.
to be responsible for the
improvement of agriculture
including extension services and
allotments for the agricultural
purposes,
55.
to control methods of husbandry
,
56.
to allocate land in the
ownership of the Assembly for
farming purposes and to regulate
the system of fanning on the
land,
57.
to provide services for the
improvement of livestock ,
58.
to prevent and control animal
diseases,
59 to prohibit, restrict or
regulate the hunting, capture,
killing or sale of animals or
birds or any specified kind of
animal
61.
to provide for the fencing of
land and for the maintenance and
repair of such fences; .
62.
to take every step to encourage
persons to plant specified crops
for the maintenance of
themselves and their families;
63.
to plant trees in any street and
to erect tree-guards to protect
the same; provided that the
streets shall not be unduly
obstructed thereby;
64.
to regulate or prohibit the
planting, cutting, tapping, or
destruction of any tree or
vegetation growing along
any street, road or path or in
any public place;
65.
to establish and manage, on
commercial basis, rural and
small-scale industries and
farms;
66.
to promote tourism in the
Municipality in to-operation
with the Regional Co-ordinating
Council and the Tourist
Development Board;
67.
subject to the control
and direction of the Registrar
of Births and Deaths, to
register all births and deaths
occurring within the
Municipality;
68.
to appoint in consultation with
the Registrar of Births and
Deaths such registration staff
as may be necessary for the
proper discharge of births and
deaths registration duties;
69.
to make such financial
contribution as the Assembly
deems necessary for the
maintenance of any traditional
authority, which possesses any
functions, which relate to any
part of its area;
70.
to establish and maintain tree
nurseries and forest plantation
and sell the produce;
71.
to compile and maintain a record
of all tenant farmers and the
rents and tribute which should
be paid by them;
72.
to prohibit or restrict the
driving or use of vehicles
generally or any specified class
on any specified road or
specified direction on any
specified road;
73.
to regulate the use and conduct
of public vehicles, to regulate
routes and parking places to be
used by such vehicles to
appropriate particular routes,
roads, streets, and parking
places to specified classes of
traffic and when necessary to
provide the identification of
licensed vehicles as defined in
the Road Traffic Act;
74.
to license any vehicle used for
taxi, bicycle, motor bicycle and
to prescribe the fees to be paid
in respect of any such bicycle
or vehicle;
75.
to establish, acquire and
maintain transport services by
land or water, including
ferries;
76.
to establish, maintain and
control parks for motor and
other vehicles;
77.
to establish and maintain in
consultation with the Ghana
Postal Services C0'l)oration,
Postal Agencies where necessary;
78.
to lay down rules and
regulations in respect of
private and public property to
ensure adequate fire protection;
79.
to prevent and control fire
outbreak including bush fire;
80.
to promote the development of
all sports within the area of
authority of the Assembly;
81.
to organize Sports activities
within its area of authority and
to provide facilities as may be
recommended by the national body
responsible for sports;
82.
to perform as an agent of the
national body responsible for
sports in maintaining such
Sports facilities as may be
assigned to it by the national
body;
83.
to advise to the exclusion of
all others on all matters of
sports relating LO its area of
authority;
84.
to prohibit, restrict, regulate
and license the manufacture,
distillation, sale,
transportation, distribution.
supply, possession and
consumption of akpeteshi,
palm-wine, and all kinds of
description of fermented liquor
usually made by citizens: of
Gh1na or adjacent countries;
85.
to license petrol service and
filling stations within the
township; and
86.
to pro
fide
information centre, where
necessary in consultation with
the Ministry of information.