Administration of Lands Regulations, 1962

11IE ADMINJS11lATION OF LANDS REGULATIONS, 1"2 AllllANGEMENT OF REGULATIONS .,..,,. I. DiRction by the President uDdet' Sfflion 2 ot tbe Ac:L 2. Decision or the Minister under leCtion 3 ot the Ac:L 3. Request by Minister to Traditional Council under ICIClioll 3 alt.ho Ac:L 4. Form ol requisition by tbe Pzaiden& under -.:doll 4 ol the Ac:L 5. Decision by the Minister under 9eCtion 4 of the Ad. 6. Form ol certific:ate of llllegia~ w the Aaah:bene. 7. Appeal tn"'bunal. a. Duda ot Minister under teetion s or the Ac:L 9. AppUcations for ,ruts under ledioG 12 al the Ac:L 10.. Plablicadoa al notice of application. 11. Board appointed by the Minister to consider applicltiom. 12. Pllbliadioa or dcciliou and comems. 13. Ontm 1lwkr leCtioa 16 ol tbe Ac:L 14. Stool Landi Accountl. 15. Jleltrictioa OD put of Jud for rniniq. 16. lleltrictioa oa Jeaina land in au appro'f9d ia,.cat. 17. U• ol Janel for public pmpo1e1; applicadaa ol Seate Landi­ . . . .. ... icJal,. 1962. . . 11.· N>licadoll <11 dekpdaal. · 1,. 'Prool oC tide IDier -=tioa 30 of the Act. ».Fee&. 21. E•atioa <-1.. 1111:1 otllei imtlamall. ,22. Delepdoa al MialisWa ftmcdom JD coaDOCdoe with c.wlody ol dommea&s, etc. L.L.m.. Dlrectioa by the Preudeat under tection 2 of tbeAd. Decision of the Minillet under Netioalof the.Ad. Request by Minister to TradlUonaJ ,Coundl under: ·NCtton3 o(tbeN:t. Pormof requ{iidoe by&M PraiJent under NCtioa4of tbeAd. 2 A.DMINISI'JU.TION OF U~VDS REGULATIONS, 1961 IN exercise of the powers conferred on the President by section 29 of the Administration of Lands Act. 1962 (Act 123) (hereinafter ref erred to as •• the Act 'j, the f oilowing Regulations are hereby made this 30th d:,y of October. l ? 62, 1. The Minister shah cause any direction given by the President under section 2 of the Act ( which empowers the President to direct an intervention in proceedings relating to stool lands) to be published in the Gazette. 2. The Minister shall cause any decision made by him under section 3 of the Act (which relates to the determination of the extent of a traditional area) to be published in the Ga:ette. 3. Any request by the Mini~tcr to a Traditional Council under section 3 of the Act. whether such request is for information or otherwise, shall be complied with not later than three mouths after the request is made. 4. Any requi!dtion made by the President to a Stoot under section 4 of the Act (which relates to the declaration by Stools of interests in lands) shall be in the appropriate form specified in the First Schedule hereto. Dedsion by 5. The Minister shall cause any decision made by him under ~loilter 50"1ion 4 vf the Act to be published in the Gazette. eection4of the Act. Porm of 6. Any certificate to which subsection (9) of !eetion S of the ~~ Act applies (which subsection relates to certificates concerning totbeAau- allegiance to the Asantchcnc) shall be in the appropriate form .....,. 1peciftcd in the said Fint Schedule. 7. (1) Every appeal to the tn1'unal under sectic:. ~ 8 or 10 or the Act shall state the reasons for the alpeal, an~ where there is written evidence in support of the 11ppca • that evidence shall be lodged at the same time as the appeal is loogcd; and t:VCrY such appeal shall be referred by th Minister to the tribunal in the appropriate form 1pecified in the First Schedule hereto. (2) Any decision of the tribunal u~er sublection (2) of teetion 8 of the Act shall be published in the Gamt~. Dadllof L (1) Any refusal by the Minister to give bis COtlC'Ul'ffllCe to MinltW the disposal of any !and under subsection (1) of section 8 of the =•of Act shall be accompanied by a statement of the reasons for such the Act. n:f'ual. 3 ADMINISTRATION OF UNDS REGULATIONS. 1962 (2) Any appeal lodged with the Minister under subsection (4) of the said section 8 shall be forwarded by the Minister to· the appeal tribunal not later than one week after the receipt of that appeal by the Minister. LL ·232. 9. Every application fpr the grant of any Stoot Land vested in the AppUc:•• President in trust shall. where rhe land is required for the purpose of =or the exercise of the rights- under (a) referred to in paragraph (a) or (c) of subsection (2) NClioG tl of section 12 of the Act. be made to the Minister in the ol the Al:t. appropriate form specified in the Fint Schedule hereto; (b) referred to in paragraph (h) of that subsection. be made in accordance with the Timber Lea9C1 and Licences Regulations, 1962 (L.J. 229). 10. Upon receipt of any application duly made under the Jast PubHcatloa foregoing regulation the Minister shall- of notice of (a) cause notice of the application to be published in the applk:Minn. Ga:~tte; and (b) direct the District Commissioner of the district in which the land to which the application relates is situate~ to give such publicity to the application as may be specified in the direction. 11. (l) For the purpose of considering and reporting on apptica- Board lions duly made under regulation 9 the Minister may establish a a.,.,oiated Board of Enquiry (hereinafter referred to as .. the Board"). :z:.= (2) The composition and procedure of the Board shall be appla such as ~lie Mir.ister may direct. tio11L (3) After considering any such application the Board shall make a report to the Minister thereon. (4) In exercising its (unctions under sub-regulation (1) of this regulation the Board may require the applicant to rurmsb it with such funher information relating to the applicatlon as it thinb fit. 12. Tbe Minister shall cause (a) every decision of the President either to arut or to ........,. ~use and application duly made under these -repla- :.-Mo.• lions; an . • . • , 11 11s, (b) every con~t given by the Mamstcr m respect or any grant made by him under these regulations, to be published in the manner prescribed in regulation 10 in :::lation to notices or applications. 11 (l) Any orde,- made by the Minister under ICCtion 16 or the Ontll'I Act (which relates to orders to surrender land unlawfully occupied} : 11 - ahall be in the appropriate form specified in the Fint Schedule al tbl ,. hereto. .L.L 231 Stool Lands Aa:ountL Ratriction on arantof land for miniq. Re-trictfoa on lea.sine land in an approved lay-out. Ute of land for public ~~ ;;r;;;."" . Landi r:flatlons. Publication ofdelep• dom. Proof of dtleundet IICdoa JO oflheAct. 4 ADMINISTRATION OF UN DS REGULATIONS. 1961 (2) Any such order shalJ be served on the occupier of the land concerned by a person authorised in that behalf by the Minister. or, if the occupier cannot be found after reasonable search withir two weeks of the date of the order. a copy of the crder shall be posted on the land; and an affidavit by the person who served or posted the order shall be sufficient evidence of such service or posting (ac; the case may be). J4. Every Stool Lands Account and all ledgers. books and documents relating thereto, shall be kept in such form and in accordance with such rules as the Auditor•Gcncral may direct. 15. No grant shall be made, or concurred to. of any land under tl1e Act for mining unle:;s the grantee is the holder of a minerals licence granted under the Minerals R~lations, 1962 (LI. 231). 16. No grant shall be made of any land comprised in an approved lay-out if the tcnns of the grant arc inconsistent with the lay-out or with any zor,al restriction! of user applicable to that Ian~ and no concurrence shall be given to any such grant; and no grant shall be made or concurred to of any land in a planning area otherwise than in accordance with an approved lay-ouL 1'7. The provisions of regulations 1-9 of the State Lands Regula­ tions, 1962 (LI. 230) (which provisions relate to the establishment. composition and functions of Site Advisory Committees and the functions of Regional Commissioners in connection with the acqui­ sition by the President of land in the public interest under sccticn I of the State Lands A~ 1962) shall. with the necessary modifications. apply in ronnection with any authorisation by the President of the occupation and use of any land under section 10 of the Act (which section empowcn the President to authorise the occupation and use of certain land for any purpose which. in his opinion. is conducive to the public wclf are or the interests of the State). !IL The Minister shall cause particulars of any delegation made by him under section 24 of the Act~ together with particulars of any conditions or limitationi attached to the cv · .. ption. to be published in the Ga:ette. 19. Any penon seeking to prove his title to any land to which mbsection (2) of section 30 of the Act applies &hall fumish to the Minister, either (a) the following documents, that is to say (i) the original instrument purporting to transfer the title to the land to that penoo; (u) a document evidencing the mment of the Traditional Authority concerned to the transfer. and. where the transfer was not made by the owners of the land.. a document evidencint their coment to the transfer; and 5 ADMINISTJU.T/ON OF LANDS REGULATIONS, 1962 (tii) where no plan is annexed to the instrument ref erred to in paragraph (a) of this regulation, a µIan drawn by ref crcncc to a map or to survey pillan and showing the boundaries of the land on such a scale and in such a manner as to enable the boundaries to be readily identified on the ground; or (h) where no such documents have been executed, the following informatio~ that is to say (i) particulars or the land corKeffled (including the area thereof), and or the grantor of the land; (it) the consideration paid for the land; and (iii) the term, and conditions of the grant together with such a sketch plan complying with the requirements of sub-paragraph (iii) of the preceding paragraph. L.I. 232. 20. Any person who mam ~y application or is in receipt or F-. any document or service specified in the Second Schedule hereto sbal1 pay to the Stool Lands Account the appropriate fee specified in relation thereto in that Schedule. 21. Unless the President otherwise direcb no Jeue or other Executioa instrument purporting to grant in accordance with these Regulations :!..':,. any rights ovu land vested in the President in trust shall be valid bwb w • .GIL unless the lease or other instrument {as the cu: may bei is executed by the Minister, or b)' a penon authorised by him in that behalf' by notice published in the Gaznt~, and bean a seal specified by the , Mhmtcr by a notice so published. 22.. This regulation shall be c..>nstrucd as a delegation by the ~Jon. Minister under seaion 24 of the Act to the Chief Registrar of Lands ~Mt:ht • of the Minister's functions with respect to the custody of deeds, CXJMadion records, rcgistcn and other documents, being functu,ns \leSted in :t:=-' the Minister by sect.ion 14 of the Act. -.-. FIRST SCHEDULE Form 1 REPUBLIC OF GHANA nIE ADMINl.STRATION OF LANDS ACT, 1962 (Acr 123) THE ADM1N15TllA TION OF LANDS REGOU TIONS, 1962 NOTtPICATION UNDea SECnON 4 {l) OP nm ACT TO Tako notice that the Praident requires that you declare any interest in any land which tbe lttlnW of Stool LJ.232. 6 ADMINISTRATION OF LANDS REGULATIONS, 1962 may hold, and that you are required to send full particulan or any such interest to the Minister within three months from the date of this notification. Slgnatun and rank. ACCRA---.. -······-····-·--·--·-----···-·-·------· date of I~ Form2 THE ADMINISTRATION OF LANDS ACT, 1962 (ACT 123) THE ADMINlSTRATION OF LANDS REGULATIONS, 1962 CEltTIFtCATB OF Al.1.EOIA.~CE t1NDEJl SSCTION S (9) OP THE ACT (delete whnvt inapplicable) I, ---·-·-·-·· ... ---------·-·--··---- (being a person nominated in writing by the) Asantehene, hereby certify that Mr./Mn./Miss ·---·---·-·•· .. ·----·-docs/does not owe allegiance to me/the Asantebene. Kumesi, the -· .. -··-···-----da:, of------·------196 Signature of Alalttdtmt or of a~~ by Iran. Fomt3 THE ADMINISTRATION OF LANDS ACT, 1962 (ACT 123) THE AoKINISTliTION OF l.ANDs R.soULATtONS. 1962 . APPUCAT10N U'MDB RCT10N 12 (2) (a) OP THE A.Cf ma LAND llQl1Jlll!D POil MIN1NO (ck/de wlwrt Inapplicable) 1. Name or applicant in run: . 2. Address (registered office): 3. Nadonallty or country or ill«'rporadon: 7 ADMINISTRATION OF LANDS REGULATIONS, 1961 4. Whether applicant has applied r or a Minerals Licence and, if so, state date of applir:1tion: 5. Particulars of term desired: 6. Description of area (with reference to a topographical map) in a manner permitting identification on the ground and approximate size in square miles of surf ace area which applicant is desirous to use for purposes of exercise or the Miner311 Licence: 7. Particulars of sketch map (\\ith reference to a topographical map) showing area and situation of install2tions whkh applicant proposes to erect (N..B. enclose 3 copies): 8. Whether applicant intends to proccu minerals mined in Ohana and, if 10, state particulars or intended processes: The--· Sipattn or &al a approprlat~ Form-t fHE ADMINlSTRA TION OP LANDS ACT, 1962 (ACT 123) Tm! ADMINISTaATION OP LANDS REciULATJONS, 1962 ~PPUCATION flOR A ORANT UNDEJl SECTION 12 (2) (c) OP nm ACT o, UOHTS 1M kMP!CI' OP LAND EXO!EDINO AN A.UA OP ,0 At"lll!S (delete k'ltffY lnappllOlbit) . 1. Name of appliauit in r ull: 2. Address (registered ~oe) ! J. Nationality (country or incorporation): 4 ... Names, nationality and addresses or partners or,directon: S. Name, address and nationality (country or incorporation) of holding company or of' majority shareholder: 6. Amount or nominal and paid up capital or applicant, and cub working capital available for npenditure in Ohaaa: 7. Name of bankers or applicant both in and ouuide Ghana: S. Pttlpowofleue: L.L232. LL 232. 8 ADMINISTRATION OF LANDS REGUUTIONS. 1961 9. Whether applicant or associated firms at any time held any rights for similar purposes in another country, and, if so. where: JO. Whether such operations have ceased and if so, where. when and whether by revocation, forfeiture, expiry or termination of' rights: 11. Whether applicant is a party to any contracts for the sale or products of the soil ( other than timber): 12. Particulars or such contracts (H.B. enclole three, opiea): 13. Estimated annual production: 14. Whether applicant intcndt to proccu produce: l S. Particulars or any installations which applicant intends to construct (including workers camps, offices. bungalows. etc.}: 16. Whether ;.applicant does not intend to sell produce but intends to use it solely for bis own purposes and. if so. for what purpc,ees: 17. Particulars of bankers reference or guarantee (H.B. end01e three copies): 18. Particulars of audited Balance Sheet. Profit and Loss Accounts. Statement of Capital Accounts, Directors. Annual Reports and Auditor's reports on the accounts of the applicant for the last fiYe years (N.B. enclose three copies of each documcalt): 19. What part of his profits applicant intends to re-invest in Ghana and bow: 20. Particulan or powers or attorney (N.B. enclose three copies):. 21. Description or area with rcf erenc:e to a topographical map in a manner permitting identification on the around and containing approximate size of area in sq•uue miles: 22. Particulan or sketch map showing area and situation of instal­ lations with reference to a topoaraJ)hic:al map (H.B. enclose three copies): I hereby declare the above particulars to be true. · --Slpattn or S-a,.,,.,,,.,.. 9 A.DMINISTJUTION OF LANDS REGULATIONS, 1962 Forms REPUBLIC OF GHANA THE ADMINISTRATION OF LANDS ACT, 1962 (ACT 123) THE ADMtNISnA TION OF J ..ANDS REGULA TIO'NS, 1962 OllDP.R. UNDER. SECTION 16 OP TIU! ACT 10 SUlUlENDEll LAND (de/rte wlrn-e Inapplicable) TO--··•··•··-·•··-··--··•·····-- ·--····--·-·· .. ·······•-"·-··•-····-·-·--·· -----······•··•····· (Name ?f occupin) Take notice that whereas you have been found in unlawful occupation of-· ....... -•·-·-····-·----- ···-·•-·-·----···--·-··-·---·-·· (dtscrlption of land) ••··--····- -··---·•··--- ... .. . ........................... .......... . ··-- .... -{being a public officer performing a function delegated to me by) the Minister, in punuance of subsection (I) of section 16 of the Act, hereby order you to surrender the said land not later than thL..--•--..daY of-----··•-···-•·-···• 196--. upon the following terms: (Particu/arJ of tl'rm.r <U to the rnno,a/ of buildinp, tM rnplng of ~ produtt, and othn mattrrs.) Sipatlltt and rank · (Platt and dare oflm~) SECTION 16 OF THE ACT Ll.232. "16. (I) If any person i5 found in unlawful occupation of land Unlawful to which this Act applies the Minister may order him to surrender =:: tioft the land within such period and upon such terms, if any. as to the removal or bui1dinp, the reaping or growing produce. and other matters. as the Minister thinks proper. (2) Any person who continues in 00CUpadon of any land after the date on which he is to surrender it under this section. or who., having surrendered it. renews his unlawful occupation thereof, shall be guilty t... a misdemeanour and, in the case of a continuing offence. shall be liable in addition to any fine imposed for the original offence, to an additional 1lnc not exceeding ten pounds for nery day during which the <llff'cncc is continued. . (3) In proo:edinp against any person under this section. the proof that his occupation was lawful shall tie upon Jhe defendant; and the avennent that any land is land to which this Act applies shall be sufficient without proof of such fact. unleu the defendant prows tho contrary.·· L.L 232. 10 AD,VINISTRATION OF LANDS REGULATIONS. 1962 Form6 REPUBLIC OF GHANA THE ADMINISTR.ft:noN OF LANDS ACT. 1962 (ACT 123) THE AoMtNtsTR.A·noN OF LANDS .RrGULATIONS. 1962 TJt.ANSMmlON BY THE MtNlSTEJ\ ro THE T!UBUNAL UNDEJt. SecnoN 8 (4) OF AN APPEAL MADB UNDER SECTION 8 (2) ( delete w'1ere Inapplicable) In the matter of. ....................... ··- •-·· -···.... .. .. . .. ........ ·-·-· ···- ---· (spttify t)~ of di.tpoml) by ---· -·-•·· ........ ..... ... . ..... ..... .. to. ... .. . .......... - ··-····-··- ·-· .. -···-· (namf.") (name) ( tksc:riM location) WHER.EA.S-·-· .... ---- . . ··-·· ··- -··--· ............ ·-·-···-·. ~--· ·----.--11 aga ieved · (ap~llant) by a refusal to approve the dis-posal of the land/by a failure to notify the decision regarding the disposal and WKEJUWI he has lodged ~n appeal for transmission. to the Tribc:iai an<i lu:..s submitted the following wrfttcn. evideaiu, in support of the appeal (spttify documtnts) Now THflll!fOllB the appeal and the documents l ·, transmitted · to the Tribunal :AND. these comments are made on the said appeaL . ~ ·M11tuter 11 ADMINISTRATION OF LANDS REGULATIONS, 1961 Form1 REPUBLIC OF GHANA TifE ADMINISTRATION OF LANDS ACT, 1962 (ACT 123} THR ADMINJSTUTION OF i.ANDS REG~.ATIONS. 1962 'TJt.ANSMISSION BY nm MlNlST'ER TO nm TR.IBUNAL UNDEl SEC'llON 10 (5) OP APPF.AL MADB UNDER. SEcnoN 10 (4) (delete wh~re inapp/1::abl~} In the matter of the occupation and use of Jand al.--·- ...... --~ (short dP.scrlptlon) WHEREAS the President has authorized the occupation. and use of the land. and WHF.IU!A.S -- ......... ·- . . ............. --. -··-· -- ... ·---- ·----.. ·-·---.. --.~-···•· .. (ap~/lant) claims to have suff ercd special Joss by reason of disturbaoco and . : WHP.REA.~ the Minister has dctemtlncd that compensation should not/should be paid to the amount of £0 ... ~ ....... ··•·-· and WHERF.1..11.M appel!ant is dissatisfied with the failure of the Minister· to grant compensation/with the amount of such compensation and WHFllEAS tho appellant has lodged an appeal for transmission . to the Tribunal and has submitted the following written evidence in S\lpport or the appeal..-. .. •-·••••·•••»•••-••-•••---- •• ..... , •--~•-·-•---•-•--••-•-N (sptti/y documtnts) Now mnEPOllB the appeal and the documents are suP,itted to the Tribunal. AND these comments are made on the said appeal for considera• tion by the Tribunal---•·----••-··--···--·---·----···-·-·-··~-•"·• .. -··•-"-·-·--· Minutn L.L2.a LL 2.12. 12 A.DMINISTJUTJON OF UNDS REGULATIONS, 1962 R66- 20 SECOND SCHEDULE FEES For an application for a grant of land for mining For preparation of a grant of land for mini..ttg .. w ,. d. .. 26 S 0 . . 7S O 0 For an application for consent to an assignment of a grant of land for mining . . 26 S 0 For con.,ent to an assignment of a grant of land for mining . . 75 0 0 For an application for a grant of rights under section 12 (2) (c) . . 2 12 0 For preparation of a grant of rights under section 12(2)(c) 7 10 0 For an application r or consent to an assignment or a grant under section 12 (2) (c) . . 2 12 0 For consent to an assignment of a grant under section 12 (2) (c) . . • . 1 10 0 For a copy of a decision of an Appeal Tribunal 2 0 0 For a certified copy of an executive decision recorded in any Boundary Book under ICCtion 26 (2) of the Act 10 0 0 For t.:i dppiication for proof of a ddo to land (section 30 (2)) . . • . 1 0 0 For proof of a title to land (section 30 (2) or the Act) . 2 0 0 By Command of the President. K.. A. 01 JRl ATrA Millblff of .lv.ltb. Date ol a.:,-,,, ootfflc:adoa: 2nd Nowmber. 1962 Printed by the Oowtlnmenl PrtntJna ~ Acall. Q .... OP/A/161/3.196/10/62-63 two,61.