FOURTH REPUBLIC
Section
Lands Commission Act, 2008
Act 767
ARRANGEMENT OF
SECTIONS
The Lands Commission
1.
Establishment of the Lands Commission
2.
Headquarters, Regional and other branches or
offices of the Commission
3.
Ministerial responsibility
4.
Objectives of the Commission
5.
Functions of the Commission
6.
Independence of the Commission
7.
Collaboration and co-ordination with other
public bodies
8.
Composition of the Commission
9.
Membership of Regional Lands Commission
10.
Functions of Regional Lands Commission
11.
Qualification for membership
12.
Tenure
of office of members
13.
Resignation of members
14.
Removal
of members
15.
Filling
of vacancies
16.
Meetings
of the Commission or Regional Lands Commission
17.
Power to
co-opt
18.
Appointment of committees
Administration
19.
Divisions of the Commission
20.
Functions of the Survey and Mapping Division
21.
Functions of the Land Registration Division
22.
Functions of the Land Valuation Division
23. Functions
of the Public and Vested Lands Management
Division
24.
Appointment of Executive Secretary
25.
Secretariat of the Commission
26.
Functions of the Chief Executive Officer
27.
Deputy
Executive Secretaries
28.
Directors of the Divisions of the Commission
29.
Solicitor Secretary to the Commission
30.
Internal
Auditor
31.
Regional
Lands Officer
32.
Other staff
for the Commission and Regional Lands Commissions
Financial and Miscellaneous Provision
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
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Act
ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED
LANDS
COMMISSION
ACT, 2008
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:
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.
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(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 relevant
development plan for the area concerned;
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(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
throughtout 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.
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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 col-
laborate 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;
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(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.
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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.
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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
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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.
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(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.
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Power to
co-opt
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 reference network
for the country;
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(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 consultation with the Public
Services Commission.
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(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 in-
clude 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,
(;) 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.
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(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.
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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.
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(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.
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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.
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Act
Lands
Commission Act, 2008
,
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.
16
Lands
Commission Act, 2008
Act
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 section 1,
17
Act
Lands
Commission Act, 2008
-
"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.
18
Lands
Commission Act, 2008
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:
19
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