Survey Act, 1962 (No. 127)

Survey Act, 1962 ARRANGEMENT OF SECTIONS Geological Survey Sec/ion 1. ~Iogieal $ucv-ey. Soil Surlley 2. Soilsurvey. Gmeral FroviSlOns 3. Notice to be given to owner of land. 4. Penalty for contravening Part I. PART ll-UIMAllCATION AND SURVEY OF i.ANDS Qualification and .Registrotion ofSurveyors 5. Official surveyors and licensedsurveyors. 6. No unquaJ.ifie<l person tu survey l<md for the purpose 01 preparing plans or to certify plans. 7. Register of licensed surveyors. 8. Licensed surveyors to report annually, 9. Records to beenteredill register. System of Work JO. ElTnn: in gUl"l1eY wl)rk. II. Power to directsurvey. 12. Power to enter on lands, 13. Notice to procure 8ttendllJ'l(,~. 14. Clearing of boundaty line. 15. Compensation for damage done by clearance. 16. Breetion of boundary JJl,lIlks. Act 127 Act, 117 Survey Act, 1962 section 17. Power to place boundary marks under charge of owners and oecupiers.. 18. Power to re-erectand repair boundary marks. 19. Duties of local authority. PenaltieS 20. Penalty for destroying boundary marks. 21. Penalty foc refusingor neglecting to comply with orders. 22. PenallY foe obstrUCling survey. 23. PmlaJty foenon-standardisation. General Provisions 24. Regulations. 25. Interpretation. PART Ill-MISCELLANEOUS 26. RcpcaIs. 2 Act 127 ACT OF THE PARLlAMENT OF 'I'1ffl REPUBLIC OF GHANA THE SURVEY ACT, 1962 AN AGr to consolidate willi amendmetus the law re1atlng to geolo gical, soil and land survey. DATE OF ASSENT: 2Qth June. 1962 DE IT flNAGTEO by the President and the National Assembly in this present Parliament assembled as follows: PART l-GOOLOOICAL AND SoIL SURVEY Geological Survey 1. The Director of Geological Survey and every officer of the OrololiCa1 Geological Survey Department shall have the power of- survey. (0) going to any part of the surface of any land or any underground passages or workings thereunder in order to make surveys, take samples, make borings and do and cause to be done all things necessary for carrying out the geological survey of such land or tor making any report thereon; or (b) caning for the production of, inspecting and taking copies or extracts from, any books, papers. plans and documents dealing with prospecting or the operation of mining on any land which is the subject ofa mining concession. 3 Art '-11 Notice to begivro to owner of lall<l Pf:naIty for contravcnio& Part I. UlJiCial surveyQt3 and licensed !lI.ItVeYOIS. No unqualified person to survey land r"rfh<> ~or P\'ePlUiDB plans or to emlry Plans. Soil SWPeY 2. Every public officer whose duties jnclude the survey of soil and who is autnonsed by tne Minister responsible for soil survey shall have the power of going to any part of the surface of any land in order to make survey. make borings, dig, take samples and do and cause to bedone all things necessary for carryingout a soil survey on such land or making any report thereon. General Provisions 3. A reasonable notice in writing of an intention to exercise any of the powers mentioned in section I or 2 of this Act shall be given to the lnN'\l slIIthority in th~ area whQ in turn ~hall inform the owner or the person in possession of the land. 4. Any person who (a) without reasonable excuse obstructs, resists or inter feres with any of the officers mentioned in either section 1 (a) or section 2 of this Act while such officer is performing his functions under this Part; or (b) refuses or neglects to produce any documents required under section I (b) of this Act, shall be liable to a fine not exceeding one hundred pounds. PART U-DBMARCATION AND SUR.VEY OF LANDS Qualification and Registration of Surveyors 5. The Minister to whom functions under this Act are assigned by the President (hereinafter in this Part referred to as the Minister) may appoint official surveyors, and the Chief Survey Officer may, with the prior approval of the Minister, license private surveyors, whose functions shall be to demarcate boundaries and to make surveys of lands. 6. (1) No person other than an official surveyor, a licensed surveyor. or any public officer making or preparing any plan in the course of his duties as such shall survey any land for the purpose uf prepartng any plan for attachmem lO any Jnsrrumem of con veyance, leases, assignment, charge, or transfer. (2) No person other than au. official surveyor or a licensed surveyor shall certify any plan. (3) Any person contravening the provisions of thi9.!lP.lltinn shall be liable to a tine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months. (4) NothiIig in this section shall apply to the mere copying of a plan. 4 Survey Act, 1'/61 Act 111 7. 0) A register of licensed surveyors shall be kept by the Chief RelJim.r of Survev Officer at Accra; and all regulations made under this Part \~,~ shall be communicated by the Chief Survey Officer to every .u . licensed surveyor 011 the register. (2) Every licensed surveyor shall keep a copy of such regula lions up to date, and shall produce the same for inspec.t1on by an Qffioi,lI surveyor when c:aUed upon so to do, 8. Every licensed surveyor shall before the 15th day of January ticenacd in each year report in writing to the Chief Survey Officer at Accra. ~rl0n10 his full name and postal address, for entry in the register, and shall ~n':ldlll'< also likewise so report any subsequent ohangft or address or UCLtllC that may from time to time take place. 9. A record shall be made in the register referred to in section RQCUrds 10. 7 of this A<:t against the name of any licensed scrveycr-> ~~:~d III (a) who hila performed lI.uy c~t4blc work or li.;C\o·.ilX under the G<Jvernment or public bodies; or (b) whose licence has been revoked or suspended. System Of Work 10. (1) If the work of a licensed surveyor has not been performed Errors in in accordance with the provisions of this Part of this Act and sU.~worl.:. regulations made thereunder or the work is found to contain errors, tLe- ClLicf 3uIYcy 01TltXf may (a) can upon the licensed surveyor to do the work in accordance with the provisions of this Act and regula tions made thereunder, or to rectify the error, as the case may be; or (b) call upon another licensed surveyor to rectify the error. (2) liVhere an error is rectified under subsection (I) (b) of this section the Chief Survey Officer shall call upon the licensed surveyor responsible for the error to pay the expenses of the rectifi cation. (3) If the licensed surveyor mentioned in subsection (2) of this section fails forthwith to pay the expenses, the Chief Survey Officer mayas nominal plaintiffby suit recover with the costs of thesuit the e"f\<>n~e~ of rl"('fiRcation. (4) A certificate signed by the Chi~f Survey Officer certifying the amount of the expenses referred to in subsection (2) of this section shall, without proof of signature be a primtl fade mace of the amount due, .5 Act 127 Power to direct survey. Power-to enter-elD lands. Notic~ to procure attendance. Clearing of boundary line. Survey Act, 1962 (5) A licensed surveyor who wilfully renders a false certificate on a plan prepared under this Act and regulations made thereunder shall be liable on conviction to a fine not exceeding one hundred pounds or ro imprisonment for a term not exceeding six months. 11. The Chief SurveyOfficer may, wheneverhe thinks fit so to do, direct that the boundaries of any land shall be demarcated, or that a survey shall be made of any land, or both. 12. Any officialor licensed surveyor may with his agents, servants, and workmen, enter upon any land which he is appointed to de marcate or survey, and may make all enquiries and do or cause to be done all things necessary for effecting the demarcation of the boundaries and the survey of such land. 13. (l) A surveyor, demarcating or surveying a land, may cause a notice to be served on any person owning, occupying, or otherwise interested in, any land abutting thereon, or on any person employed on or connected with the management or cultivation of such land, requiring such persons to attend personally, or by agent, before him at such time and place as may be stated in such notice, for the purpose of pointing out the boundaries of such land, or of affording such information as may be needed for the pUrpose of surveyor demarcation. (2) The surveyor may issue a notice calling upon an.y person who in his opinion is able to give any information respecting the boundaries of the land, or in whose possession or power any document relating to such boundaries. is alleged to be, to attend before him and give such information or produce such document on the date and at a place specified in the notice. 14. (I) Any person desiring his land to be either demarcated or surveyed or both may apply to the Chief Survey Officer to have the land demarcated. surveyed or both. as the case may be (2) The Chief Survey Officer may require a person making an application under subsection (I) of this section to clear any boundary or other line for the purpose of the demarcation 01" survey of the land by cutting down and removing any trees, bush, fences, or gJuww/!l 1.'1UP~ (3) The Chief Survey Officer may when he thinks it necessary employ labour for the purpose of dearing any boundary or line mentioned in subsection (2), in such a case, the cost of labour shall be borne by the a.pplicant (4) A certificate signed by the Chief Survey Officer certifying the cost of labou.r shall without proof of signature be a prima facie evidence of the cost of labour. Survey Act. 1962 Act 117 15. (1) Where compensation is claimed as a resnltof a clearance f?om~. of any line in accordance with a direction of the ChiefSurveyOfficer ~:a~ under section 11of this Act the surveyorshan assess the value of any tin..... fy trees, bush, fences, or growingcrops whichmay have beencut down clearance. or removed, and payor tender to the owners thereof the amount of compensation which in his opinion may be allowed therefor. (2) Any dispute arising concerning the sufficiency of the amount so vah1 VI lc.uUCI\;U shall be :I1naIly determined by me District Magistrate of the district upon application made to him for that purpose by either of the disputing parties. 16. A surveyor may, if the boundaries of a land under survey Etection of heve not already been correctly marked lu the prescribed maunei to.... bdar)r by the owner of the land, mark out the boundaries of the land mar . according to the manner of marking prescribed by regulations. 17. (1) The Chief Survey Officer may cause a notice to be served Powerto on any owner or occupier l111d p1o.cc under hh charge any boundary ~"""dar}' marks erected on the boundary of his land. ~% under . c:harlcot (2) Every owner or occupier shall preserve any boundary 0WBe1ll and marksplacedunder hischarge and shall giveimmediatenotice to the ce:cupim. Chief Survev Officer if the marks are damaged. destroyed, removed, or require repairs. 18. (1) Whenever the Chief Survey Officer becomes aware that Power(0 any boundary mark has been damaged, destroyed, removed, or rc-~ and requires repair, he may cause the mark to be re-ereeted. restored. ~~ary or repaired. marb. (2) The Chief Survey Officer may by suit recover with the costs of the suit aU expenses incurred in respect of the re-erection, restoration, or repair from the owner or occupier who was bound to preserve the lila I k.. (3) A certificate signed by the Chief Survey Officer certifYing the amount of such expenses shall without proof of signature be prima facie evidence of the amount due. 19. Every localauthority shall, Dutiofol (D) endeavour to prevent the destruction, damage, or ~~ority, alteration of any boundary mark within the lbnits of its jurisdiction; and (b) whenever it becomes aware that any such mark has been destroyed, damaged or altered, report imme diately to the nearest Survey Division sueb destruction, damage, or alteration. 7 Act 127 Penalty for desln))'iDJ. gt"", bou~ IIllUb. Penalty for refudn,or Degl~IO compfywilh orders, etc. .P<malty for obBtrlletin, lIWYeV. p".n.\~y for DOD-Btan. danlilatlon. ID~ troD. Survey Act. 1962 Penalties 20. Any person who wilfully or unlawfully destroys, moves, or aJt~ 11 honudil:ry mark, nr whn wilfltlly (l",,,trny.., nlove!!., or alt~r!l a survey roark, shall be liable to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months, or to both. 21. Any person who fails to comply with any order, contained in any notice dUly served upon him under tbis Act shall be liable to a fine not exceeding fifty pounds. 22. If any personwilfully obstructs, hinders or resists any official or licensed surveyor in the execution of his duty in ascertaining and markmg out of boundaries of any land under the provisions 01 this Part, or any workman or other person acting under the direction of such surveyor, he shall be liable to a fine not exceeding one hundred pounds, 23. Any lioensod surveyor who is at nny time found on inspection by the Chief Survey Officer or his representative to be ignorant of any error of his steel tape or chain, or to be working with a tape or chain not properly compared with an authorised standard in accord ance with the provisions of this Part shall be liable to a fine not exceeding ten pounds for each occasion on which such offence is committed. General Provisions 24. The Minister may, by legislative instrument, make Regulations, (n) prescribing the forms of certificate for the certifiQation of plans by licensed surveyors; (b) for the submission of applications for, and the grant of, a surveyor's licence; (e) for the method of survey and supervision of survey work; (d) prescribing fees for survey work for official and licensed surveyors; (e) for any matter, including fees, which is to be prescribed or is to be provided for by regulations; (n for the conduct and holding of examinations; and (g) for giving full effect to the provisions of this Act. 25. In this Act, unless the context otherwise requires-s .. cadastral plan " means a map or plan purporting to show bounderies uf laald wilL accuracy, and glvtng exact measurements by which the boundaries may be demar· cated on the ground, such map or plan being made in conformity with the result of a survey carried out by an s SurPe)' Act. 1962 official surveyor or licensed surveyor to be certified by him, and requiring, whethermade by an official surveyor or by a licensed surveyor, to be approved by the Chief Survey Officer or any person appointed by him for that purpose; "certified plan" means A TIUlp or plan purporting to show boundaries of land with accuracy, and giving exact measurements by which the boundaries may be demar cated or redemarcated on the ground, such plan being certified by a licensed surveyor in accordance with this Part: "plan" includes a map. Act 127 PART ffi-MtSCELLANEOUS 26. (1) The following MlJWmetlts are hereby nopealed.-- Re~. The Sarvey Ordieanee (Cap. 132). The Geological Survey (Facilities) Ordinance (Cap. 148). The Soil Survey (Facilities) Ordinance (Cap. 156). (2) Bvery stntutory instrument made or every Ilcence or certificate granted under an enactment repealed by this Act and in force immediately before the commencement of this Act shall continue in force as if made or granted under the corresponding provision of this Act. 9