Public Conveyancing Act, 1965 (No. 302)

Public Conveyancing Act, i:965 ARRANGEMENT OF SECTIONS Sa:tifffl I. Declaration of selected area. 2. P1:esident to grant land in selected area to certain persons. 3. Plan anrl S~hftdule to plan, etc. 4. Grants of land to other persons. 5, Regulations. 6. Interpretation. 7. Repeal. Act 302 Act-3CD Declaration of selected atea. THE THREe HVNI>RBD AND SECOND ACT OF THE PARl.TAMENT OF THE R..BPUBUC OF GHANA 1llE PUDUC CONVEYANCING ACT, 1965 AN ACT to provide for the declaration of a selected area, tile granting of land in such area, and matters connected therewith or inci dental thereto. DATE Of AS.SENT: 29th September, 1965 Be rr ENACITD by the President and the National Assembly in this present Parliament assembled as follows: 1. (I) 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 s s(t]&cted atl.\ll n.nd titk.a to land thcn:.in :1hall be gra.nkd as pre scribed under this Act. (2) Where any stoo1 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 Administra tion 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. 2 Public Conveyancing Act, 1965 Act 302 l, (I) Save as otherwise provided in this Act, the President upon Ptesidontt~ recommendation by the Minister shall grant land in a selected ar~. :'t:!~ ar:,:; on such terms and conditions as he may think fit to the following 10 C"ffain ~rsons and no others~- persons. (a) persons deprived of the use of land by reason of 11. natural catastrophe; (b) persons deprived of the use of land by r~n 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 Terna acquisition area; (d) peJ"SOns desirous of settling in a planned irription area; (e) persons deprived of the use of land by reason of a slum clearance scheme; (/) pen.ons affected by re-adjustment of boundaries of land within an area under any enactment relating to town aD.d country planning; (g) persons desirous of acquiring land within a pbumed 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 con~ sent 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 ref erred to in subsection (2) of this section. (4) Where any other enactment confers powers for the settle ment 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 we~ confc-rn:d un (a) any other Minister, upon the recommendation of such otlier Minister; (b) a Council. upon the recommendation of the. Minister rospo.us(bw for looal s<wcrnmcnt; and (c) a statutory corporation, upon the recommendation of l:bo Minister responsible for such corporation. 3 Act 302 Plan and Schedule to plan, ,UC, Public Conveyancing Act, 1965 3. (I) There shall be made a plan as prescribed of a selected area and there shall be !!.pecified in the prescribed manner on thP. plan a Schedule 1,etting out in entiies the lands granted under section 2 and .io corresponding entries the names of ~e grantees, the interests held by them m tu.ch land, the dates from which such grants take effect and such other particulars as may be prescribed. (2) The Mini:itcr aha.11 make; an ondor:a;cnwnt h(;low tho Ia.:i.t entry that the particulars specified in the plan and the Schedule thereto are in accordance with the p;ovi'lions of this Act and any other enactment in that behalf and are true and accurate and shall sign and date that endorsement. (J) The Minister shall cause each plan of a selected area together with its Schedule to be registered under the I.and Registry Act, 1962 (Act 122), and the provisions of that Act shall mutatis mutandis apply to such registrat10n in like manner as those provisions apply to the registraHon 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 pre scrihed mannf't shall be reccivable in any court as evid~ce of the particulars specilied therein without further or other proof, unless it is proved to be a forgery. Grants o( 4. (1) Whe.re any land in any selected area remains vacant, the taad to other President may grant land in such area to any person. subject to such pcmo=. conditions as he may think fit, including the payment of rent, but Rcgulations. I nterpreta tion. the provisions of section 3 shall not apply to such grants. (2) Grants made under subsection (I) of this section shall be made in accordance with the appropriate provisions of the Adminis tration of Linrk Ad, 1962 (Act 113) and the S~te Lands Act, 1962 (Act 125) and any statutory instruments made thereunder. 5. Regulations may be made by the Minister by legislative instru ment 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. 6. In this Act, unless the context otherwise requires: "Council" means a Council within the meaning of the Local Govenunent 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 develop ment, and for which a layout has been approved by the Minister responsible for Tnwn and ('.,011ntry 4 Public Con,eyancing Act, 1965 Planning in consultation with the Ministers responsible for agriculture, health, housingr lands, locaJ govern ment and community development; "Minister" means the Minister responsible for lands; 'lllan" means a cadastral pJan within the meaning of the Survey Act, 1962 (Act 127), or any other plan made to the satisfaction of the Minister ref erred to in 1111ction S of tlult 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, Jaoos, and Joe.al government; " planned irrigation area " means an area for which water for irrigation is being supplied by any organ of the StatP. nr A. C'.tnmdl or a s.tAtntncy r.oq,oratinn 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." JDcans an acca of a.gr iculturo.I laud, 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 Pla.un.ing iu <..Qw;ullil.liun. wllh the:: Miu..isters u:spons ible 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 bv executive instrument under section I and includes in the Terna Acquisition Area the area of resettlement of persons from the town of Terna; ·• slum clearance scheme " means a scheme of reconstruc tion of a built-up area undertaken, in consequence of the overcrowding of inhabit..1.nts in dwellings, of unsatisfactory sanitary conditions, and of the dilapi dation of buildings, by an organ of the State, a Council or a statutory corporation in acoordanc:e with a plan approved by the Minister responaiblc for To:wn and Country Planning in oonsultation with the Ministers responsible for lands, health, social we)fare, housing and local government; 5 Act 302 Act 302 Public Conveyancing Act, 1965 •• state land " means 1and declared by the :President by executive instrument under section 1 of the State Lands Act, 1962 (Act 12') to be land. required in thepub)ic interest; .. statutory coi:poration" ,neans a .statutory corporation within the meQing 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) Onlif1an1;c:, 1952 (Nu, Ja); ,wu " town of Tema " means the town of Tema referre<l to in the Fiest Schedule to the Towns -Ordinance (C.ap. 86). &,peal. 7. The Village Sites Ordinance (Gap. I4l) ts hereby repea1e<1. · PlUNt'lltl BY TIU! Sl'Alll ~ COIU'ORATJON (l'lUN11NG DMSION) ACCM•'J!NA. GHANA SPC/ Al 1865/4,470/ 10/65 Prk, ......