LANDS COMMISSION ACT - 1994 (ACT 483)
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(1) The Commission shall, in co-ordination with the relevant public agencies and governmental bodies, perform the following functions-
(a) on behalf of the Government manage public land and any lands vested in the President by the Constitution or by any other law or 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 Ghana to ensure that the development of individual pieces of land is co-ordinated with the relevant development plan for the area concerned;
(c) formulate and submit to Government recommendations on national policy with respect to land use and capability;
(d) advise on, and assist in the execution of, a comprehensive programme for the registration of title to land throughout Ghana in consultation with the Title Registration Advisory Board established under section 10 of the Land Title Registration Law, 1986 (P.N.D.C.L. 152); and
(e) perform such other functions as the Minister may assign to the Commission;
(2) The Minister may, with the approval of the President, give general directions in writing to the Commission on matters of policy in respect of the management of public lands.
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(1) There shall be no disposition or development of any stool land by any person unless the Regional Lands Commission located position of where 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 of the area concerned.
(2) The grant of consent and concurrence by the Regional Land s Commission shall be communicated by it to the Office of the Administrator of Stool Lands and the Regional office of the Administrator of Stool Lands.
(3) Where the Regional Lands Commission fails or refuses to give the consent and concurrence under subsection (i) of this section, a person aggrieved by the failure or refusal may appeal to the High Court.
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(1) The Commission shall consist of the following persons-
(a) a Chairman, who is neither a Minister nor a Deputy Minister;
(b) one representative of each of the following bodies nominated by the bodies concerned-
(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 Council;
(viii) the Ministry responsible for Lands and Forestry; and
(c) the Chief Administrator of the Lands Commission who shall be the Executive Secretary.
(2) The Chairman and the other members of the Commission shall be appointed by the President acting in consultation with the Council of State.
(3) The salaries and allowances payable, and the facilities and privileges available to the Chairman and the other members of the commission shall be determined by the President in accordance with article 71(l) (d) (iv) of the Constitution.
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(1) Each Regional Lands Commission shall have a Regional Lands Officer who shall be a person knowledgeable and experienced in land administration.
(2) The Regional Lands Officer shall be a member of and the secretary to the Regional Lands Commission.
(3) Subject to the directions of the Executive Secretary appointed under section 17 of this Act and in consultation with the Regional Lands Commission, the Regional Lands Officer shall perform the functions of the Executive Secretary in the region concerned.
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(1) No person is qualified to be a member of the Commission for or a Regional Lands Commission other than the Executive Secretary of and the Regional Lands Officer, unless he is qualified to be a member of Parliament.
(2) A person shall not be disqualified from being a member of the Commission or a Regional Lands Commission because he is a public officer.
(3) 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 he is disqualified or suspended from practising his profession by an order of a competent authority made in respect of him personally or he ceases to be a member of the profession otherwise than at his own request.
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(1) The Chairman and members of the Lands Commission and the Chairman and members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall hold office for a term of four years and are eligible for reappointment.
(2) The office of the Chairman or a member of the Commission and the Chairman and members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall become vacant if-
(a) he ceases to hold office under subsection (1) of this section;
(b) any circumstance arises that would cause him to be disqualified for appointment under section 8 of this Act; or
(c) he 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 his office or for stated misbehaviour.
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(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 unable to perform the functions of his office, the members of the Commission or Regional Lands Commission shall elect one of their members to act as Chairman until such time as the Chairman is able to perform the functions of his 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 his office, the President or the Minister as the case may be, may appoint another person to act in his place until such time as the member is able to resume the performance of the functions of his office or until a new member is appointed to fill the vacancy.
(3) Where a person is elected as Chairman or appointed a member to fill a vacancy he shall hold office for the remainder of the term of the previous Chairman or member and may, subject to the provisions of this Act, be eligible for re-appointment, re-election or renomination.
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(1) There is established by this Act a Lands Commission Secretariat referred to as "the Secretariat" which shall be the secretariat of the Commission.
(2) The Secretariat shall, subject to this Act, be responsible for giving effect to the decisions of the Commission and shall perform such functions as the Commission may determine.
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(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 dealing generally with the activities of the Commission and shall include-
(a) a copy of the audited accounts of the Commission together with the Auditor-Generals report on it; and
(b) such other information as the Minister may require.
(2) The Commission shall also submit to the Minister such other reports on its activities as the Minister may require.
(3) A copy of the annual report shall be forwarded by the Commission to the-
(a) Office of the President;
(b) Minister for Finance;
(c) Minister for Food and Agriculture;
(d) Minister for Environment, Science and Technology;
(e) Minister for Energy and Mines;
(f) Minister for Science and Technology;
(g) Minister for Roads and Highways;
(h) Minister for Works and Housing;
(i) Minister for Transport and Communications;
(i) Chairman, National Development Planning Commission;
(k) Governor, Bank of Ghana;
(l) State Enterprises Commission;
(m) Government Statistician.
(4) The Minister shall as soon as possible but not later than three months after receiving the annual report cause it to be laid before Parliament.
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Any person who-
(a) at the request of the Commission for information deliberately or negligently submits a false or misleading statement; or
(b) refuses without reasonable excuse to give information or provide a document which the Commission may reasonably request for the purpose of its functions; or
(c) refuses without lawful excuse to admit an officer or designated agent of the Commission on to the business premises or otherwise obstructs an inspection;
commits an offence and is liable on summary conviction to a fine not exceeding c7500,000 or to a term of imprisonment not exceeding six months or to both.
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(1) Where an offence under this Act or any regulations made under it is committed by a body of persons, the following shall apply-
(a) where the body of persons is a body corporate other than a partnership every Director, Manager, Secretary or an officer of similar status of that body corporate shall, also be deemed to be guilty of that offence;
(b) in the case of a partnership, every partner or officer of similar status shall be deemed to be guilty of that offence.
(2) No persons shall be deemed to be guilty of an offence under subsection (1) of this section if he proves that the act in respect of which he is charged was committed by another person without his consent or connivance and that he exercised all due diligence to prevent the commission of that act as he ought to have done having-regard to all the circumstances.
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The Administration of Lands Act, 1962 (Act 123); the Concessions Act, 1962 (Act 124);v the State Lands Act, 1962 (Act 125) and any other enactment relating to land, in force Immediately before the commencement of this Act, shall have effect with such as may be necessary to give effect to this Act.
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In this Act, unless the context otherwise requires-
"Commission" means the Lands Commission;
"Minister" means the Minister responsible for Lands and Forestry;
"Ministry" means Ministry for Lands and Forestry;
"traditional authority" means a House of Chiefs or any council or body established or recognised as such under customary law.
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