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STATE PROPERTY AND CONTRACTS ACT,
1960 (CA 6)
ARRANGEMENT OF SECTIONS
Section
PART I—STATE PROPERTY
1. Vesting of property.
2. References to the Crown.
3. Power to acquire and vest
property.
4. Acquisition for public
purposes.
5. Acquisition for industrial
purposes.
6. Lease by Minister.
7. Parties entitled to sell and
convey.
8. Claims.
9. Settlement of claims.
10. Appeals.
11. Rules for compensation.
12. Payment of compensation.
13. Form of conveyances.
14. Certificate of title.
15. Execution and custody of
instruments.
16. Parties in possession as
owners deemed entitled to
property.
17. President exonerated upon
payment.
18. Entry for survey.
19. Regulations.
PART II—CONTRACTS
20. Power to contract.
21. Tender for works and supplies.
22. Forms of contracts.
23. Retention by Archivist.
24. Penalties.
25. Legal proceedings.
PART III—MISCELLANEOUS
26. Repeals.
27. Interpretation.
28. Commencement.
SCHEDULE
Form A—Conveyance
Form B—Certificate of title
Form C—Warrant of possession
ACT OF THE CONSTITUENT ASSEMBLY
OF GHANA
ENTITLED
THE STATE PROPERTY AND CONTRACTS
ACT, 1960
AN ACT to make provision for the
vesting of all property hitherto
vested in Her Majesty the Queen in
the Republic of Ghana and other
matters connected therewith.
DATE OF PASSING: 29th June, 1960
WHEREAS by section 2 of the
Constituent Assembly and
Plebiscite Act, 1960 (No. 1) this
Constituent Assembly is authorised
to enact such provisions for or in
connection with the establishment
of a new Constitution as it thinks
fit:
AND WHEREAS it is expedient to
enact the provisions hereinafter
appearing in consequence of the
enactment of the Constitution.
NOW THEREFORE be it enacted by the
Constituent Assembly as follows:—
PART I—STATE PROPERTY
Section 1—Vesting of Property.
(1) Any property vested in the
Crown as trustee for the Public
Service of Ghana and whether
situate in or outside Ghana shall,
on the coming into operation of
this Act, vest without any further
authority than this section in the
President in trust for and on
behalf of the people of Ghana for
the Public Service of the Republic
of Ghana.
(2) In any proceedings relating to
property where the Crown is a
party, pending before a Court of
competent jurisdiction at the
commencement of this Act, there is
hereby substituted for the Crown
the Attorney-General for and on
behalf of the Republic.
Section 2—References to the Crown
Where in any Act provision is made
that property shall be controlled
or conveyed or surrendered to and
become vested absolutely or
otherwise in, and held by the
Crown that property shall vest in
the President in trust for the
Public Service of the Republic of
Ghana; and accordingly in any such
Act references to "Her Majesty the
Queen", "Her Majesty the Queen in
trust for the Public service of
Ghana", "Crown ownership" and
“the Governor-General” shall be
construed as a reference to "the
President in trust for the Public
Service of the Republic" or
"Republic ownership" as the case
may be.
Section 3—Power to Acquire and
Vest Property.
Whenever it is provided in any Act
that the crown may or shall
acquire property and then vest the
property so acquired in an
authority that power shall, on the
coming into operation of this Act
be exercisable by the President.
Section 4—Acquisition for Public
Purposes.
(1) Where any property is required
for the Public Service the
President may by notice in the
Gazette declare that the property
specified in the notice is
required for the Public Service.
(1) Whenever a declaration is made
under the provisions of the
preceding subsection the Minister
may enter into agreement with the
owner and all parties having an
estate or interest in the property
for the absolute purchase for a
consideration in money, or for
some other property in exchange,
of the property so required.
(2) The Minister shall on the
conclusion of the agreement made
in pursuance of the provisions of
the immediately preceding
subsection pay reasonable
compensation for the property and
accordingly on the payment of the
compensation the property so
required shall become vested in
the President in trust for the
Public Service of the Republic.
(3) A copy of the notice published
in the Gazette may—
(a) be served personally on the
person entitled to sell or
interested in the property; or
(b) be left at his usual place of
abode or business with some inmate
thereof;
and shall, in any case, be affixed
at a convenient place on the
property specified in the notice
and published on three consecutive
occasions in a newspaper
circulating in the district where
the property is situate.
Section 5—Acquisition for
Industrial Purposes.
For the purposes of industrial
development, the Minister may by
executive instrument declare any
area of land in a Region to be an
industrial area; and accordingly
on the making of an instrument by
the Minister, the provisions of
this Part of this Act shall apply
to such area of land as if the
instrument made under this section
had been a declaration made under
section 4 of this Act.
Section 6—Lease by Minister.
The Minister may enter into a
lease with any person desirous of
setting up an industrial
undertaking in any area of land
acquired by Government under the
provisions of the immediately
preceding section.
Section 7—Parties Entitled to Sell
and Convey.
(1) Any person seised, possessed
or entitled to any property or any
estate or interest therein
required for the Public Service of
the Republic, may sell, grant or
convey the property or estate or
interest therein to the Minister.
(2) The power to sell, grant and
convey the property may be
exercisable by the person
concerned for and on behalf of
himself and for and on behalf of
his heirs, executors,
administrators and successors and
on behalf of any person entitled
in reversion, remainder or
expectancy after him or in
defeasance of the estate of such
person and any other person seised
or possessed of the property upon
any species of trust to the use of
persons under a disability or
otherwise for and on behalf of the
cestuis que trust to the same
extent as the cestuis que trust
could respectively have done if
there had been no disability.
Section 8—Claims.
(1) On the publication of a
declaration under the provisions
of section 4 of this Act any
person having an interest or claim
in the property shall within three
months from the date of the
publication inform in writing the
Chief Lands Officer of the extent
or otherwise of his interest or
claim in the property.
(2) At the expiration of three
months after the publication of
the said notice the Chief Lands
Officer shall, within six months
of the expiration, agree with the
parties concerned for the
conveyance to the Minister of the
property and the amount to be paid
in respect of the property.
Section 9—Settlement of Claims.
Where there is a dispute as to the
ownership of the property, the
insufficiency of evidence of
ownership, the amount to be paid
in respect of the property or
separate and conflicting claims in
the same property and every other
case of disputed interest or title
the following provisions shall
apply, that is to say—
(a) a Judge of the High Court of
Justice shall have power to hear
and determine the ownership and
all other disputes or matters
relating to the interest or title
in the property;
(b) the Chief Lands Officer shall,
not less than seven days before
the time appointed for the hearing
and determination of the claim,
serve a notice in writing upon any
person who may have claimed any
interest in respect of the
property, calling upon him to
prove his claim to or interest in,
the property and the value
thereof. Where the owner of the
property cannot be found the
notice shall be served upon his
agent or representative and if the
agent or the representative cannot
be found the notice shall be fixed
to a conspicuous part of the
property and to the Court House of
the district;
(c) where any party to the
proceedings under this section
fails to appear for the hearing a
decision may be given ex parte
upon the hearing of evidence
adduced on behalf of the Minister
and the decision shall be deemed
to be a decision given after a
full hearing in the presence of
all parties;
(d) a decision given under the
provisions of this section shall
be subject to appeal to the
Supreme Court.
Section 10—Appeals.
(1) A person aggrieved by the
decision of a Judge under the
provisions of the immediately
preceding section shall give
notice of appeal within seven days
from the date of the decision to
any party affected by the
decision.
(2) Appeals under this section
shall be conducted in accordance
with the provisions relating to
appeals from the High Court of
justice to the Supreme Court.
Section 11—Rules for Compensation.
In determining the amount of
compensation to be awarded, for
property acquired under the
provisions of this Act, the Court
shall act in accordance with the
following rules—
(1) Compensation shall be awarded
in respect of—
(a) the market value of the
property acquired which shall be
taken to be the amount which the
property might have been expected
to realize if sold in the open
market by a willing seller at the
date of the declaration under
section 4 of this Act;
(b) any damage sustained at the
time of and by reason of the
acquisition by any person having
an interest in the property
acquired by reason of the severing
of such property from any other
property of such person;
(c) any damage sustained at the
time of and by reason of the
acquisition by any person having
an interest in the property
acquired by reason of such
acquisition injuriously affecting
any other adjoining property in
which such person has an interest;
(d) the reasonable expenses
incidental to any changes of
residence or place of business of
any person having an interest in
the property acquired made
necessary by the acquisition:
Provided that where the property
is, and but for the acquisition
would continue to be, devoted to a
purpose of such a nature that
there is no general demand or
market for property for that
purpose, the compensation may, if
the Court is satisfied that
reinstatement in some other place
is bona fide intended, be assessed
on the basis of the reasonable
cost of equivalent reinstatement,
and in every such case
compensation shall not be awarded
under the provisions of
sub-paragraph (a) or (d) of this
paragraph, but shall, where the
circumstances permit be awarded
under the provisions of
sub-paragraphs (b) and (c) of this
paragraph;
(d) the reasonable expenses
incurred in the employment of a
person qualified in land valuation
and costing of buildings.
(2) In determining the
compensation to be awarded, the
Court shall not take into
consideration any increase in the
market value of the property
acquired by reason of any
improvements made thereto within a
period of two years immediately
preceding the date of the
declaration under section 4 of
this Act, unless it be proved that
such improvement was made bona
fide and not in contemplation of
proceedings being taken for the
acquisition of the property under
this Act.
Section 12—Payment of
Compensation.
(1) The decision of the Court
respecting compensation, or in
case of disputed interest or title
as aforesaid or of the Supreme
Court where appeal has been taken,
shall be final and conclusive as
respects all persons whatsoever.
(2) Any compensation awarded under
the provisions of this Act may be
paid over to the person who shall
appear by the judgment of the
Court or of the Supreme Court
where appeal has been taken to
have the best right thereto, and
such payment shall, as concerns
the President, operate as complete
discharge and acquittance of such
compensation and of all claims in
respect of the property or any
interest therein, but shall not
hinder any subsequent proceedings
at the instance of any person
having or alleging better right
thereto as against the person to
whom such payment may have been
made.
Section 13—Form of Conveyances.
Form A.
(1) Conveyances of property
purchased under this Act may be in
the Form A of the Schedule to this
Act, or as near thereto as may be,
or by deed in any other form which
the President may think fit.
(2) Every conveyance made
according to the form in the
Schedule to this Act, or as near
thereto as may be, shall vest the
property thereby conveyed in the
President in trust for the Public
Service and shall operate to bar
and to destroy all other estates,
rights, titles, remainders,
reversions, limitations, trusts,
and interests whatsoever of and in
the property comprised in such
conveyance.
Section 14—Certificate of Title.
Schedule, Form B.
The Chief Lands Officer on behalf
of the President shall, at any
time on production in the High
Court of a conveyance to any
property or at any time after the
date of the declaration under
section 4 of this Act be entitled
to receive a certificate of title
to the property described in the
said conveyance or declaration
which certificate may be in the
Form B of the Schedule, and shall
have the following effects and
qualities, that is to say—
(1) the certificate shall not be
questioned or defensible by reason
of any irregularity or error or
defect in the declaration, or the
want of declaration, or of any
other irregularity, error, or
defect in the proceedings previous
to the obtaining of the
certificate;
(2) it shall confer on the
President and his successors in
office to whom the certificate
shall be given, an absolute and
indefeasible right to the property
comprised or referred to therein
against all persons, and free from
all adverse or competing rights,
titles, interests, trusts, claims,
and demands whatsoever;
Schedule, Form C.
(3) if possession of the property
is withheld by any person, the
Chief Lands Officer on behalf of
the President may obtain from any
Court a warrant of possession
(which may be in the Form C of the
Schedule) under which any officer
of the Sheriff or constable may
forth-with eject any person so
withholding possession, and the
President, or any person
authorised by him, may enter upon
and possess the said property;
(4) the production of the
certificate of title shall be held
in every Court to be an absolute
bar and estoppel to any action or
proceeding by which the right of
the President to the property
therein described is sought to be
impugned or questioned:
Provided that the Court, on
application by motion by the Chief
Lands Officer on behalf of the
President, may for good cause
shown and on such terms as to the
Court may seem just, rescind or
vary any certificate of title
which the Court may have granted,
or which may have been granted by
the Regional Commissioner under
the provisions of the
Administration (Ashanti) Ordinance
(Cap.110); whereupon the
certificate of title shall become
void of effect or shall have
effect as so varied, as the case
may be.
A
certified true copy of an order
made by the Court under this
proviso shall be deemed to be a
"Judge's Certificate" for the
purposes of the Land Registry
Ordinance (Cap. 133).
Section 15—Execution and Custody
of Instruments.
(1) All documents, grants,
conveyances, leases and other
instruments whereby property is
affected which is or have been or
which may become vested in the
President or in any person in
trust for the Public Service or
whereby any title to property is
or has been or may become vested
in the President or in any person
in trust for the Public Service
shall be deemed to be duly and
validly executed if they bear the
seal of the Lands Department and
are signed by the Minister or some
other person authorised by him.
(2) All such documents, grants,
conveyances, leases and other
instruments, or the counterpart or
duplicate original thereof, as the
case may be, shall be retained by
the Chief Lands Officer in the
records of the Lands Department.
(3) A copy of any such document,
grant, conveyance, lease or other
instrument certified under the
hand of the Chief Lands Officer or
an Assistant Chief Lands Officer
to be a true copy shall be
admissible in evidence in all
causes and matters and between all
persons and parties to the same
extent as the original would be
admissible; and the production of
the original in evidence shall not
be necessary except by order of
the Court made for special cause.
Section 16— Parties in Possession
as Owners Deemed Entitled to
Property.
In all cases where any question
shall arise respecting the title
to any property to be acquired
under this Act the parties in
possession of the property as
being the owners thereof at the
time of the property being
purchased or taken shall be deemed
to have been lawfully entitled to
the property unless the contrary
be shown to the satisfaction of
the Court, and the parties shall
be entitled to receive the
purchase money or compensation for
the property, but without
prejudice to any subsequent
proceedings against the parties at
the instance of any person having
or alleging a better right
thereto.
Section 17—President Exonerated
Upon Payment.
The payment to and the receipt of
any person to whom any purchase
money or compensation shall be
paid, shall effectually discharge
the President from seeing to the
application or being answerable
for the mis-application thereof:
Provided always that where any
person is in possession in virtue
of any estate less than an estate
of inheritance or in any fiduciary
or representative character, the
President may cause payment of the
purchase money or compensation to
be made to such persons, and in
such proportions and instalments,
and after such notices as the
Court may direct.
Section 18—Entry for Survey.
The President, or any person
authorised by him, may enter upon
any property for the purpose of
surveying or taking levels of, or
of inspecting or valuing the
property, or boring to ascertain
the nature of the soil or other
purposes of the like nature, the
owner or occupier being entitled
to compensation for actual damage,
if any, occasioned in the course
of such operations.
(1) In case of any dispute
respecting the amount of such
compensation, it shall be
determined by the assessment of a
lands officer of the Lands
Department and the assessment
shall be referred to the Minister
whose decision thereon shall be
final.
Section 19—Regulations.
The President may by legislative
instrument make regulations for
carrying into effect the
provisions of this Part of this
Act.
(Amended by Act 123 s. 32)
PART II—CONTRACTS
Section 20—Power to Contract.
(1) It shall be lawful for the
Minister responsible for a subject
or department, or some other
person authorised by him, to
execute a contract for and on
behalf of the Republic on any
matter falling within his
portfolio.
Section 21—Tender for Works and
Supplies.
The President may by legislative
instrument make regulations
relating to—
(a) the setting up and powers of
advisory tender boards;
(b) the procedure to be followed
by advisory tender boards in the
award of tenders;
(c) the procedure for the signing
of contracts; and
(d) the numbering, distribution
and payments due under contracts.
Section 22—Forms of Contracts.
(1) The Attorney-General may draw
up standard forms of agreement and
conditions for contracts and
accordingly where such forms are
applicable they shall be used in
all contracts for the Republic
without reference to the
Attorney-General but with the
approval of the Minister.
(2) All contracts may be examined
and approved by the
Attorney-General unless otherwise
provided by the provisions of the
preceding subsection.
Section 23—Retention by Archivist.
(1) The original copy of any
contract or agreement entered into
for and on behalf of the Republic
shall be kept by the Government
Archivist.
(2) A copy of the contract or
agreement certified under the hand
of the Government Archivist to be
a true copy shall be admissible in
evidence in all causes and matters
and between all persons and
parties to the same extent as the
original would be admissible; and
the production of the original in
evidence shall not be necessary
except by order of the Court made
for special cause.
Section 24—Penalties.
(1) Penalties incurred under a
contract against the Republic
shall be paid under a certificate
of the Minister responsible for
Finance.
(2) Penalties recovered for the
Republic under a contract shall be
paid into the Consolidated Fund
subject to the directions of the
Minister responsible for Finance.
Section 25—Legal Proceedings.
Legal proceedings for or against
the Republic under this Part of
this Act shall be conducted in
accordance with the provisions of
any enactment for the time being
in force.
PART III—MISCELLANEOUS
Section 26—Repeals.
Section 5 of the Administration
(Northern Region) Ordinance
(Cap.111), the Public Lands
Ordinance, (Cap. 134), the Public
Lands (Vesting and Transfer of
Powers) Ordinance (Cap. 135), the
Public Lands (Leasehold) Ordinance
(Cap. 138) and the Land and Native
Rights Ordinance (Cap. 147) are
hereby repealed.
Section 27—Interpretation.
In this Act unless the context
otherwise requires—
"Crown" includes Her Majesty, and
the Governor-General;
"property" means movable or
immovable property including
lands, buildings and leases;
"Minister" means the Minister
responsible for lands.
Section 28—Commencement.
This Act shall come into operation
at the same time as the
Constitution.
SCHEDULE
FORM A
(Section 13)
CONVEYANCE
I, .........................., of
........................., in
consideration of the sum of
........................ paid to
me on behalf of the Republic, do
hereby convey to the President and
his successors in office all
[describe the property conveyed]
to hold the same according to the
true intent and meaning of the
State Property and Contracts Act,
1960.
Dated at
............................. in
the .............................
Region the
........................ day of
....
...................................,
19.............
Witness: M.
N.
Q.R.
FORM B
(Section 14)
CERTIFICATE OF TITLE
(Seal of Court.)
It is hereby certified and
declared that, pursuant to the
State Property and Contracts Act,
1960, the title in and to all
[describe the property to be
acquired] is vested in the
President and his successors in
office according to the true
intent and meaning of the said
Act.
Dated at
.............................. in
the ..............................
Region the
........................day of
...........................................,
19 …..........
E.
F.
A. B.
Registrar.
Judge of the High Court.
FORM C
(Section 14 (3))
WARRANT OF POSSESSION
Warrant of Possession.
To the Sheriff of Ghana.
Whereas a certificate of title
dated the ………….., day of ………….,
19 ….., has been issued by the
Court in favour of the President
to that piece of property
described as [insert description]:
These are therefore to command you
to put the President or any person
employed by him in that behalf in
possession of the said property.
(Signed by Judge or Magistrate.)
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