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PUBLIC CONVEYANCING ACT, 1965 (ACT
302)
ARRANGEMENT OF SECTIONS
Section
1. Declaration of selected area.
2. President to grant land in
selected area to certain persons.
3. Plan and Schedule to plan, etc.
4. Grants of land to other
persons.
5. Regulations.
6. Interpretation.
7. Repeal.
THE THREE HUNDRED AND SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PUBLIC CONVEYANCING ACT, 1965
AN ACT to provide for the
declaration of a selected area,
the granting of land in such area,
and matters connected therewith or
incidental thereto.
DATE OF ASSENT: 29th September,
1965
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Declaration of Selected
Area.
(1) Whenever it appears to the
President in the public interest
so to do, he may by executive
instrument declare any area of
state or stool land to be a
selected area, and, accordingly,
on the making of such instrument,
such area shall for the purposes
of this Act be a selected area and
titles to land therein shall be
granted as prescribed under this
Act.
(2) Where any stool land in
respect of which an executive
instrument has been made under
subsection (1) of this section has
not been vested in the President
under section 7 of the
Administration of Lands Act, 1962
(Act 123), such instrument in
respect of such land shall have
the same effect as an instrument
made under the said section 7.
Section 2—President to Grant Land
in Selected Area to Certain
Persons.
(1) Save as otherwise provided in
this Act, the President upon
recommendation by the Minister
shall grant land in a selected
area, on such terms and conditions
as he may think fit to the
following persons and no others:—
(a) persons deprived of the use of
land by reason of a natural
catastrophe;
(b) persons deprived of the use of
land by reason of the application
of the provisions of any other
enactment;
(c) persons deprived of the use of
land in the town of Tema and
resettled in the Tema acquisition
area;
(d) persons desirous of settling
in a planned irrigation area;
(e) persons deprived of the use of
land by reason of a slum clearance
scheme;
(f) persons affected by
re-adjustment of boundaries of
land within an area under any
enactment relating to town and
country planning;
(g) persons desirous of acquiring
land within a planned housing
area;
(h) persons desirous of settling
in a land reclamation area;
(i)
persons desirous of carrying out
husbandry, including animal
husbandry, in a planned land area.
(2) No person to whom a grant of
land has been made shall transfer
his grant to any other person,
except with the written consent of
the Minister, and, subject to such
conditions as he may specify
therein.
(3) The provisions of section 4
shall not apply to any transfer
referred to in subsection (2) of
this section.
(4) Where any other enactment
confers powers for the settlement
or resettlement of persons on any
other Minister or Council or a
statutory corporation, grants
under this section shall be made,
if the powers for the settlement
or resettlement of persons were
conferred on—
(a) any other Minister, upon the
recommendation of such other
Minister;
(b) a Council, upon the
recommendation of the Minister
responsible for local government;
and
(c) a statutory corporation, upon
the recommendation of the Minister
responsible for such corporation.
Section 3—Plan and Schedule to
Plan, Etc.
(1) There shall be made a plan as
prescribed of a selected area and
there shall be specified in the
prescribed manner on the plan a
Schedule setting out in entries
the lands granted under section 2
and in corresponding entries the
names of the grantees, the
interests held by them in such
land, the dates from which such
grants take effect and such other
particulars as may be prescribed.
(2) The Minister shall make an
endorsement below the last entry
that the particulars specified in
the plan and the Schedule thereto
are in accordance with the
provisions of this Act and any
other enactment in that behalf and
are true and accurate and shall
sign and date that endorsement.
(3) The Minister shall cause each
plan of a selected area together
with its Schedule to be registered
under the Land Registry Act, 1962
(Act 122), and the provisions of
that Act shall mutatis mutandis
apply to such registration in like
manner as those provisions apply
to the registration of any other
instrument.
(4) Where a plan of a selected
area with its Schedule has been
registered under the preceding
provisions of this section, a
copy, extract or certificate of
registration purporting to be
signed by a registrar within the
meaning of the said Act, or made
in the prescribed manner shall be
receivable in any court as
evidence of the particulars
specified therein without further
or other proof, unless it is
proved to be a forgery.
Section 4—Grants of Land to Other
Persons.
(1) Where any land in any selected
area remains vacant, the President
may grant land in such area to any
person, subject to such conditions
as he may think fit, including the
payment of rent, but the
provisions of section 3 shall not
apply to such grants.
(2) Grants made under subsection
(1) of this section shall be made
in accordance with the appropriate
provisions of the Administration
of Lands Act, 1962 (Act 123) and
the State Lands Act, 1962 (Act
125) and any statutory instruments
made thereunder.
Section 5—Regulations.
Regulations may be made by the
Minister by legislative instrument
in respect of such matters as are
authorised or required by this Act
to be prescribed and for the
purposes of carrying out the
principles and provisions of this
Act.
Section 6—Interpretation.
In this Act, unless the context
otherwise requires:—
"Council" means a Council within
the meaning of the Local
Government Act, 1961 (Act 54);
"land reclamation area" means an
area of land, which was covered or
otherwise affected by water and
which by diverse works has been
made suitable for development, and
for which a layout has been
approved by the Minister
responsible for Town and Country
Planning in consultation with the
Ministers responsible for
agriculture, health, housing,
lands, local government and
community development;
"Minister" means the Minister
responsible for lands;
"plan" means a cadastral plan
within the meaning of the Survey
Act, 1962 (Act 127), or any other
plan made to the satisfaction of
the Minister referred to in
section 5 of that Act;
"planned housing area" means an
area destined for residential
development for which a lay-out
has been approved by the Minister
responsible for Town and Country
Planning in consultation with the
Ministers responsible for housing,
health, lands, and local
government;
"planned irrigation area" means an
area for which water for
irrigation is being supplied by
any organ of the State or a
Council or a statutory corporation
and for which area a lay-out has
been approved by the Minister
responsible for Town and Country
Planning in consultation with the
Ministers responsible for lands
and agriculture;
"planned land area" means an area
of agricultural land, the
conditions of carrying out of
husbandry within which are
prescribed by the Minister
responsible for agriculture, and
for which a lay-out has been
approved by the Minister
responsible for Town and Country
Planning in consultation with the
Ministers responsible for
agriculture, communications, lands
and community development;
"selected area" means an area of
state land or of stool land
declared a selected area by the
President by executive instrument
under section 1 and includes in
the Tema Acquisition Area the area
of resettlement of persons from
the town of Tema;
"slum clearance scheme" means a
scheme of reconstruction of a
built-up area undertaken, in
consequence of the overcrowding of
inhabitants in dwellings, of
unsatisfactory sanitary
conditions, and of the
dilapidation of buildings, by an
organ of the State, a Council or a
statutory corporation in
accordance with a plan approved by
the Minister responsible for Town
and Country Planning in
consultation with the Ministers
responsible for lands, health,
social welfare, housing and local
government;
"state land" means land declared
by the President by executive
instrument under section 1 of the
State Lands Act, 1962 (Act 125) to
be land required in the public
interest;
"statutory corporation" means a
statutory corporation within the
meaning of the Statutory
Corporations Act, 1964 (Act 232),
or established under any other
enactment;
"stool land" shall have the same
meaning as in the Administration
of Lands Act, 1962 (Act 123);
"Tema
acquisition area" means the area
specified in the First Schedule to
the Tema Town and Port
(Acquisition of Land) Ordinance,
1952 (No. 38); and
"town of Tema" means the town of
Tema referred to in the First
Schedule to the Towns Ordinance
(Cap. 86).
Section 7—Repeal.
The Village Sites Ordinance (Cap.
141) is hereby repealed.
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