Public Lands (Protection) Decree, 1974 (N.R.C.D. 240)

Sale or altemp(c<1 sale. etc, of pl.lblic land ejectIOn of tres­ passers, N.R.cn. 240. PUBLIC LANDS (PROTECTION) DECREE. 1974 IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972, this Decree IS hereby made: 1. Any person who, without reasonable excuse (the proof .of which shan be on him) sells Of purports to sell, lease or otherwise dispose of public land, or any interest in or right over public. land, shall be rruilty at an offence and liable on summary convicnon to imprison;;'ent not exceeding five years, or to a fine not exceeding fZ5.000.CO or to both. Z. Any person who, without reasonable excuse (the proof of which Unlawful shalr be on nun) occupies or in any manner encroaches on or mrer- ~urt1U~;; Jeres with public land, shall be guilty of an offence and liable on Ia~d~ pu c summary conviction to imprisonment not exceeding three years, or to a fine not <:.w:ecding 123,000.00 or to both. 3. (I) Where any pcornQn (ill uus ~I,;I~ referred to us -.the trespasser ") has unlawfully occupied or in any manner encroached upon or interfered with any public land, the appropriate authority or any duly authorised agent of such authority may, in writing, serve a notice on the trespasser, either personally or by affixin~ the notice to any part of the l<111U utfectcd, requlrtng the trespasser to vacate that land within twenty-one days from the d..'lte of the notice. (l) Where a trespasser refuses or faits to vacate j he land wulun twenty-one days from the date of the notice referred to in subsection (I), the said authority 01' any duly authori"...d <tg<.:nl of such authority may k/) eject the trespasser forth with from that land; (b) confiscate or remove all goods of the trespasser from that land: (c) abate any nuisance or terminate any interference caused ":/ the trespasser 01\ that land; (if) confiscate, demolish or remove any structure or obstacleon that land. (3) The: authority or its duly authorised agent may use such reasonable force as may be necessary for the purpose of canying out any of the measures specified in subsection (2). (4) No civil action shall be brought against any Person acting under t1lis section in respect of any act done by him in aood farthin the execution or intended execution of the provisions ofthis section. 4. Nothi!1g in ~ De~rec shall ~ttstitute a bar to any other Decree not "­ remedy which the appropriate authority m~'y pursue under any other h~< In othpc law, tcmcdi<~. N.R.C.D. 240. 2 .\k.lnin)l: 01 (lubli<; Illlld. 01;l$ll"l.luR,n "f authorised rr<:"'OIl~. PUBUC LANDS (PROTECTION) DECREE. 1974 S. (J) For the- purposes of this Decree public land includes land vested by any means in tJre Republic, theChairman of the National Redemption Council on behalf of the Republic, the Government, any organ or agency of the Government, or any statutory corpora tivu, \",hel11er such land is vested in trust or otberwise, (2) Where in relation to any proceedings under this Decree, or in relation to any action taken or proposed to be taken under section 3 of this Decree, a doubt arises as to whether any land is puhl;l' Iand within the meaning; of this section, the Commissioner responsible for Lands may in writing certify that such land is public land, and such o;;ertificate shall beconclusive evidence that such land is public land for the purposes nf this Decree. 6. Any person wltu (0) obstructs. or insults a person acting in the exercise of his powers or duties uQder section 3 of this Decree; or (b) refuses or fails to comply with. a requirement made by any such person in the exercise or those powers or duties; or (c) gives to any such person any information which he knows to be false in a material particular, shall be guilty of an otlence and liable on conviction to a fine not exceeding ~500. 00 or to imprisonment not exceeding twelve months or to both, Otl~,,~.... CQCI'Im ia"d by bodies or persons 7. Where an Clff"ence lll,cl~r thill. n~~'."i"0 i.~ {"r:>mmill~d by ~ 6dy nl­ personsthen (a) in the case of a body corporate (other than a partner­ ship) every director or officer of the body shall be deemed also to be guilty of too offence; and (b) in the case of a partnership, every partner or officer of the body shall 00 deemed also to be guilty of that olfenw: Provided. that no person shall be deemed to be guiltY of an offence by virtue of this section, if he proves. that the offence was oommitted without ~;~ knowledge Of connivance and that he exercised aUdoo diJigance to pre~nt the commission of the offence having regard to all the circumstances. Recovery 8. Nothing in this Decree $baU prevent the appropriate authority of expenses, from. recovery from a trespasser any expenses reasonably incurred by it in taking action undersection: 3 of this Decree. J PUBLIC LANDS (PROTECTION) DECREE, 1974 N.R.c.n. 240. 9. In lhi£ Decree " authcrity " means any organ or agency of the Gown!" me-lit or any statutory corporation in which land is vested, or any organ or agency of the Government which administers land vested in the Government or the Chairman of the National Redemption Council on behalf of the Republic, Made lJll~ 29th day or January, 1974. COLONEL 1. K. ACHEAMPONG Chatrman.of tile National Redemption COl/neil D,U~ or aazene uouneanon: 5,U February, J!>'J4.