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LOCAL GOVERNMENT (KOMENDA-EDINA-EGUAFO-ABIREM DISTRICT ASSEMBLY) (ESTABLISHMENT), INSTRUMENT, 1988 (LI 1382).  

IN exercise of the powers conferred on the Provisional National Defence Council Secretary responsible for Local Government by section 2 of the Local Government Law, 1988 (P.N.D.C.L. 207), and with the prior approval of the Council, this Instrument is made this 22nd day of  November, 1988.

Section 1—Establishment of  Assembly.

There is hereby established a District Assembly to be known as the Komenda-Edina-Eguafo-Abirem District Assembly (hereinafter referred to as the “Assembly”) for the area specified in the First Schedule to this Instrument.

Section 2—Membership of Assembly, etc.

(1) The Assembly shall consist of not more than fifty-five persons which shall be made up of:—

(a) the District Secretary;

(b) thirty-six persons representing the electoral areas who shall be elected directly by the electorate in accordance with regulations made in that behalf by the National Commission for Democracy; and

(c) not more than eighteen persons comprising the traditional authorities or their representatives and other persons ordinarily resident in the District, who shall be appointed by the Council in consultation with the traditional authorities and organised productive economic groupings in the District.

(2) 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.

Section 3—Functions of Assembly.

(1) The Assembly shall perform all the functions conferred on District Assemblies by the Local Government Law, 1988 (P.N.D.C.L. 207).

(2) Without prejudice to sub-paragraph (1) of this paragraph, the Assembly shall perform the functions set out in the Second Schedule to this Instrument.

Section 4—Common Seal.

(1) The Assembly shall have a Common Seal which shall be such as the Secretary may approve by notice in the Gazette.

(2) Until such time as the Common Seal approved in subparagraph (1) is available, a rubber stamp bearing the inscription “The Komenda-Edina-Eguafo-Abirem District Assembly” shall be used as the Common Seal.

Section 5—Administrative Area of Assembly.

The area of authority of the Assembly shall comprise the area specified in the First Schedule to this Instrument.

 Section 6—Location of Principal Office of Assembly.

The Assembly shall establish its principal offices at Elmina where meetings of the Assembly shall be held.

Section 7—Inaugural Meeting of Assembly.

(1) The Assembly shall hold its inaugural meeting on such date as the Secretary shall with the prior approval of the Council determine.

(2) The Presiding Member of the Assembly shall be elected at the inaugural meeting.

Section 8—Interpretation.

 In this Instrument, unless the context otherwise requires—

“Council” means the Provisional National Defence Council;

“ordinarily resident” has the meaning assigned to it under subsection (2) of section 16 of the Local Government Law, 1988 (P.N.D.C.L. 207);

“Secretary” means the Provisional National Defence Council Secretary responsible for Local Government.

SCHEDULES

FIRST SCHEDULE

LIST OF SETTLEMENTS IN THE AREA OF AUTHORITY OF THE KOMENDA-EDINA-EGUAFO-ABIREM DISTRICT ASSEMBLY

Town/Area Council   Description of Zone  Description of Electoral Area         

ELMINA          1. Akotobinasin

Akotobinsin, Tetterkessim, Estate  1. Akotobinsin

Unit 1—Akotobinsin

Unit 2—Tetterkessim

Unit 3—Estate

Elimina Estate, New Iture    

            2. Council Lane

Council Lane, Sybil Awebee           2. Council Lane

Unit 1—Council Lane

3. Sybil Awenee

Unit 2—Sybil Awenee         

            3. Neizer’s Garden

Neizer’s Garden, Market Square    4. Neizer’s Garden

Unit 1—Neizer’s Garden

5. Market Square/

Java Hill

Unit 2—Market Square.      

            4. Liverpool

Liverpool, Lime Street/St. Joseph, Atekyem.        6. Liverpool

Unit 1—Liverpool

Unit 2—Lime Street/St. Joseph

Unit 3—Atekyem.     

            5. Bakano

Bakano, Essuerkyir, Esarmu           7. Bakano

Unit 1—Bakano

Unit 2—Essuerkyir

Unit 3—Esarmu.       

            6. Bronyibima

Bronyibima    8. Bronyibima

Unit 1—Bronyibima

Bronyibima, Zongo, Estate, Sanka.           

            7. Bantuma

Bantuma East: Bantuma West: Mbobraba Akyinim, Pershie      9. Bantuma

Unit 1—Bantuma East

H/Nos. 1/5-61/5

Unit 2—Bantuma West

H/Nos. 62/5-134/5

Unit 3—Mbofraba Akyinim

Mbofraba Akyinim, Jira Akyinim

Unit 4—Pershie.       

KOMENDA    1. Zongo/Low Cost

Zongo/Low Cost, College Bungalows        10. Zongo/Low Cost

Unit 1—Zongo Low Cost

Unit 2—College Bungalows, Ghasel Bungalows.

            2. Anomako

Anomako, Clinic        11. Anomako

Unit 1—Anomako Area

Unit 2—Clinic Area. 

            3. Sasem

Sasem, Ahinfie          12. Sasem-Ahenfie

Unit 1—Sasem Area

Unit 2—Ahenfie Area.         

            4. Amotoe

Amotoe, Catholic Church     13. Amotoe

Unit 1—Amotoe Area

Unit 2—Catholic Church Area.       

NTRANOA     1. Ntranoa

Ntranoa Esor, Ntranor Ase Iture, Nkontrodo          14. Ntranoa

Unit 1—Ntranoa Esor

Unit 2—Ntranoa Ase.

15. Iture/Nkontrodo

Unit 3—Iture

Unit 4—Nkontrodo.  

            2. Amissano

Amissano, Abee, Simiw      16. Amissano

Unit 1—Amissano

Amissano, Amissano Seminary, Amoana.

17. Ankaful

Unit 2—Abee

Abee, Ankaful Prison Quarters and Bungalows, Mental Hospital Low Cost, Mental Hospital Staff Quarters, Leprosarium Staff Quarters and Bungalows.

Unit 3—Simiw

Simiw, Tsiquyekrom.           

AMPENYI       1. Ampenyi

Ampenyi East, Ampenyi West, Ayensudo, Brenuakyinim East, Brenuakyinim West.  18. Ampenyi

Unit 1—Ampenyi East

H/Nos. AM.1-AM.80

Unit 2—Ampenyi West

H/Nos. AM.81-AM.171

19. Ayensudo

Unit 3—Ayensudo, Ayensudo, Ayensudo Junction

Unit 4—Brenuakpinim East

H/Nos. BA.1/1A, BA.2/1-BA.108/1.

Unit 5B—Brenuakyinim West H/Nos. BA.104/1-

BA.207/1, Abeyee.  

            2. Essaman

Essaman, Akwanda, Ataabadze, Mpeasem.        20. Essaman

Unit 1—Essaman

Essaman, Essaman Junction

Unit 2—Akwanda

Unit 3—Ataabadze

Ataabadze, Yesunkwa

Unit 4—Mpeasem

Mpeasem, Eduaegyei, Bando.      

            3. Dutch-Komenda

Dutch-Komenda, Nsadwer, Ewuaegyan.   21. Dutch-Komenda

Unit 1—Dutch-Komenda

Unit 2—Nsadwer

Unit 3—Ewuaegyan

Ewuaegyan, Anyinase, Abakano/Aboabo.           

KISSI  1. Kissi

Kissi East, Kissi West, Kyiase.       22. Kissi East

Unit 1—Kissi East

H/Nos. 439/7-484/7, 492/7-521/7, Hospital Quarters.

23. Kissi West

Unit 2—Kissi West

H/Nos. 1/7-30/7, 40/7-321/7

Unit 3—Kyiase

H/Nos. 1/9-107/9.     

            2. Kokwado

Kokwado, Dompoase, Kwahinkrom           24. Kokwado

Unit 1—Kokwado

H/Nos. 1/6-156/6

Unit 2—Dompoase

H/Nos. 1/6-127/6

Unit 3—Kwahinkrom

H/Nos. 3/6-146/6.     

            3. Besease

Besease, Kumasi     25. Besease

Unit 1—Besease

Besease, Anyoum, Yesoagor, Edumbu.

Unit 2—Kumasi

Kumasi, Antsiabua, Adiembra, Krofofrode.          

            4. Dominase

Dominase East, Aburansa-

Atsifi, Aburansa-Anafo, Antado.      26. Dominase

Unit 1—Dominase East

H/Nos. 1/10-157/10

Unit 2—Dominase West

H/Nos. 186/10-329, Duakyimasi, Nyinase.

27. Aburansa-Antado

Unit 3—Aburansa-Atsifi

H/Nos. 1/9-13/9, 100/9-211/9

Unit 4—Aburansa-Anafo

H/Nos. 14/9-90/9, 92/9-99/9

Unit 5—Antado

H/Nos. 1/9-157/9.     

            5. Abrubeano

Abrubeano Atifi, Abrubeano Anafo, Kafodzidzi    28. Abrubeano

Unit 1—Abrubeano Atifi

H/Nos. AB.1-AB.-

151

Unit 2—Abrubeano Anafo

H/Nos. AB.152-AB.308

Unit 3—Kafodzidzi

Epawano, Kafodzidzi.         

EGUAFO/ABIREM   1. Worakese

Worakese, Nkomofokrom, Bambo Hills Juabo.    29. Worakese

Unit 1—Worakese

Unit 2—Nkomofokrom

Unit 3—Bambo Hills

Unit 4—Juabo.         

            2. Maana

Maana, Jerusalem    30. Maana-Jerusalem

Unit 1—Maana

Unit 2—Jerusalem   

            3. Aboso

Aboso, Apaho, Bosoaye Anyim, Nyirmbakrom.    31. Aboso

Unit 1—Aboso

Unit 2—Apaho

Unit 3—Bosoaye Anyim

Unit 4—Nkyirmbakrom.       

            4. Berase

Berase East, Berase West, Essiam, Ankaase East, Ankaase West.   32. Berase

Unit 1—Berase East

H/Nos. B.1-B.186

Unit 2—Berase West

H/Nos. B.187-B.361.

33. Ankaase Essiam

Unit 3—Essiam

Unit 4—Ankaase East

H/Nos. A.43-A280, Saamang.       

            5. Eguafo

Anomasa, Apegya, Breman Atsifi, Breman Anafo.          34. Eguafo-Breman

Unit 1—Anomasa

H/Nos. B.3-B.53, D.4-D.87, Ponkrom

Unit 2—Apegya

H/Nos. C.2, 2A-2D, C.77B

Unit 3—Breman Atsifi

H/Nos. A.1-A.24, B.1-150, Pempe.

Unit 4—Breman Anafo

H/Nos. C.1-C.46, D.1-57.   

            6. Abreshia

Abreshia-Astifi, Abreshia Anaafo.

7. Dabir

Dabir East, Dabir West, Beyadze, Egyeikrom.     35. Abreshia

Unit 1—Abreshia Atsifi

H/Nos. A.1-A.133A, Bando

Unit 2—Abreshia Anaafo

H/Nos. A.134-A.-

266D, Ntsiman.

36. Dabir

Unit 1—Dabir East

H/Nos. D.1-D.134

Unit 2—Dabir West

H/Nos. D.135-D.-276A

Unit 3—Beyadze

H/Nos. B.1-B.223

Unit 4—Egyeikrom. 

SECOND SCHEDULE

FUNCTIONS OF THE ASSEMBLY

It shall 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 labourers to the District Assembly for the proper discharge of this duty.

2. To cause their District to be inspected regularly for the detection of nuisance or any condition likely to be offensive or injurious to health.

3. If satisfied that any nuisance or any condition likely to be offensive or injurious to health exists, to cause all 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 Ghana Water and Sewerage Corporation.

5. To establish, install, build, maintain and control public latrines, lavatories, urinals and wash places.

6. To establish, maintain and carry out services for the removal of night-soil from 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 be necessary for the convenient use of such 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 cemeteries.

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 closing 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 of entertainment;

(ii) lodging and eating houses;

(iii) any premises or land in or upon which any profession, occupation, trade or business is carried on;

(iv) such occupations as the Secretary 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 Corporation.

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 undertake 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 any class of building.

29. To prohibit the construction of any new building unless and until the plans thereof  have been submitted to and approved by the 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 roads lying 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 siting of advertisements and hoardings or other structures designed for the display of advertisements.

36. To build, equip, open, close and maintain markets, 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 collection of stallages, rents and tolls.

39. (1) To require the owner of any premises to do any of the following acts—

(i) to remove, lower or trim to the satisfaction of the Assembly any tree, shrub or hedge overhanging or interfering in any way with the traffic in any street or with any wires or works thereof;

(ii) to remove any dilapidated fence or structure abutting on any public place;

(iii) to paint, distemper, white-wash or colour-wash the outside walls or roof of any building forming part of the premises;

(iv) to tidy the premises; and

(v) to move 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-paragraph (1) (i-v) the Assembly shall be at liberty to undertake  the work and charge the owner with the cost thereof.

40. To build, equip and maintain all public primary, middle and special schools as are in the opinion of the Secretary for Education, after consultation with the Secretary responsible for Local Government, required in its area.

41. To advise the Secretary for Education on all matters relating to primary and middle schools and such other matters as may be referred to it by the Secretary 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 officers;

(v) recommending teachers for study leave;

(vi) appointment of headteachers in accordance with rules laid down by the Ghana Education Service;

(vii) supervision of primary and middle schools;

(viii) formation of education committees;

(ix) collection of statistical data and other information;

(x) in-service training for pupil teachers;

(xi) nursery school education;

(xii) approval of the opening of private primary and middle schools;

(xiii) payment of teachers' salaries from funds made available by Government;

(xiv) indenting for the supply and distribution of textbooks;

(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 entertainments to which admission is to be obtained on payment of money or of any reward, except where the whole proceeds are being devoted to charity;

(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 entertainment 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 organise community development programmes to improve and enrich rural life through running literacy and adult education classes, organising voluntary contributions and communal labour for the provision of such facilities and services as water supplies, roads, school buildings, community centres, and public places of convenience; and teaching village women the management of home and care of children.

50. To take such measures as would promote the well-being of under-priviledged children and the stability of the distressed family.

51. To organise and maintain child-care centres and ensure the proper running and management of such centres.

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 during natural disasters, e.g. floods, fire, earthquakes, accidents, in the form of supply of materials.

54. To be responsible for the improvement of agriculture including extension services and allotments for 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 farming of such 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 or bird.

60. To provide for measures for soil and water conservation.

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 trees 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 District in co-operation with the Regional Development Corporation 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 District.

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 thereof.

71. 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 Motor Traffic Ordinance.

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 Posts and Telecommunications Corporation, Postal Agencies where necessary.

78. To lay down rules and regulations in respect of private and public property to ensure adequate protection.

79. To prevent and control fire outbreaks including bush fires.

80. To promote the development of all sports within the area of authority of the Assembly.

81. To organise sports activities within its area of authority and to provide such facilities as may be recommended by the national body responsible for sports.

82. To perform as agents 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 to its area of authority.

84.To prohibit, restrict, regulate and license the manufacture, distillation, sale transportation, distribution, supply, possession and consumption of akpeteshie, palm-wine, and all kinds of description of fermented liquor usually made by citizens of Ghana or adjacent countries.

85. To license petrol service and filling stations within the District.

86. To provide information centres, where necessary in consultation with the Ministry of Information.

KWAMINA AHWOI

P.N.D.C. Secretary for Local Government

Date of Gazette Notification: 30th December, 1988.