Local Governance Act, 2016 (Act 936)

1. Creation of districts

2. Demarcation of areas of authority of sub-district structures

3. Establishment of District Assembly

4. Incorporation of District Assembly

5. Composition of District Assembly Membership of District Assembly

6. Election to District Assembly

7. Qualifications and disqualifications of members of District Assemblies

8. Mode of seeking election

9. Cessation of office of a member

10. Revocation of mandate of member

11. Emoluments of members of District Assemblies Functions of District Assembly

12. Functions of District Assembly

13. Functions under other enactments

14. Health officers of District Assembly

15. Delegation of functions of District Assembly

16. Duties of a member of a District Assembly Administration of a District Assembly

17. Presiding Member of District Assembly

18. Meetings of District Assembly

19. Executive Committee of District Assembly

20. District Chief Executive

21. Functions of the Executive Committee

22. Meetings of Executive Committee

23. Sub-committees of the Executive Committee

24. Functions of sub-committees

25. Instrument of Establishment 1of Metropolitan Assembly Act 936 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Dissemination of Information

26. Public Relations and Complaints Committee

27. Functions of the Public Relations and Complaints Committee

28. District Chief Executive to address District Assembly

29. Other appointees of President to address District Assembly Other Matters Concerning District Assemblies

30. Provision of offices by District Assemblies

31. Joint committees of District Assemblies

32. Joint commercial activity

33. Procurement powers and tender procedures of District Assembly

34. Power of District Assembly to insure

35. Ancillary powers of a District Assembly

36. Investigation by the President

37. Power of President to enforce functions of District Assembly

38. Expenses in respect of transferred functions

39. District Assemblies to contribute to Association Participatory Governance at the Local Level

40. Participation in District Assembly processes

41. Participation in by-laws and fee-fixing resolutions

42. Modalities and platforms for participation

43. Right of stakeholders to petition

44. Duty of District Assembly to respond to petition of stakeholders

45. District Chief Executive to report on participation

46. District Assembly communication

47. Access to information

48. Inclusion and integration of minorities and marginalised groups PART TWO - LOCAL GOVERNMENT SERVICE Establishment of the Local Government Service

49. Establishment of the Local Government Service

50. Membership of the Service 2 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Act 936

51. Object of the Service

52. Functions of the Service

53. Governing body of the Service

54. Functions of the Council

55. Tenure of office of members of the Council

56. Meetings of the Council

57. Disclosure of interest

58. Committees of the Council

59. Allowances

60. Presidential directives

61. Delegation of power of appointment Administration of the Service

62. Head of the Local Government Service

63. Functions of the Head of the Local Government Service

64. Office of the Head of the Local Government Service

65. Functions of the Office of the Head of the Local Government Service

66. Chief Director of the Office of the Head of the Local Government Service

67. Appointment of other staff

68. Transfer or secondment Expenses and Reports of the Council and the Office of the Head of the Local Government Service

69. Expenses of the Office of the Head of the Local Government Service

70. Submission of budget estimates

71. Accounts and audit

72. Annual report and other reports Office of the District Assembly

73. Office of the District Assembly

74. Functions of Office of the District Assembly

75. District Co-ordinating Director

76. Staff of the Office of the District Assembly 3 Act 936 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Departments of the District Assembly

77. Decentralised sectors at the district Level

78. Departments of a District Assembly

79. Staff of the Departments of the District Assembly

80. Functions of the Departments of a District Assembly District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation

81. Collaboration and co-operation between Departments of District Assemblies and other organisations PART THREE – PLANNING FUNCTIONS OF DISTRICT ASSEMBLIES Economic Planning

82. Establishment of a District Planning Authority

83. Planning functions of a District Planning Authority

84. Establishment of District Planning Co-ordinating Unit

85. Planning functions of the District Planning Co-ordinating Unit

86. District Development Plans

87. Preparation of Sub-district and Local Action Plans

88. Public hearing of District Development Plans, Sub-District and Local Action Plans

89. Grievance procedure Land Use and Spatial Planning

90. Application of sections 91 to 107

91. Permit to carry out physical development

92. Development charges

93. Development permit to be conditional or unconditional

94. Enforcement in respect of unauthorised development

95. Enforcement in respect of execution of district plans

96. Enforcement against nuisance

97. Enforcement against unauthorised development in respect of com- munity right of space

98. Claims for compensation

99. Appeals Advisory Committees

100. Functions of Appeals Advisory Committee

101. Appeals

102. Recovery of betterment

103. Non-conforming land allocations and transactions 4 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Act 936 Buildings

104. Building by-laws

105. National building regulations

106. Building permits and unauthorised buildings

107. Signing of plans of special buildings

108. Delegation of functions

109. Request for information

110. Power of entry

111. Immunity of officers from liability PART FOUR – EMERGENCY RELIEF BY DISTRICT ASSEMBLIES Provision of Emergency, Disaster Prevention and Relief Services

112. Emergency and disaster relief services

113. District Assemblies to prepare response plans to make by-laws for emergency, disaster prevention and relief services

114. Coordination of emergency, disaster prevention and relief service measures

115. Performance of emergency, disaster prevention and relief services functions

116. Provision of fire services

117. Power of entry of premises in case of fire

118. Control of traffic

119. Penalty for obstruction

120. Penalty for false alarms

121. Enquiries by Committee into origin of fire PART FIVE – FINANCIAL MATTERS OF DISTRICT ASSEMBLIES District Budgets

122. District budget

123. Submission of budget estimates Revenue of District Assemblies

124. Revenue of District Assemblies 5 Act 936 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 District Assemblies Common Fund

125. Establishment of the District Assemblies Common Fund

126. Parliament to make allocations to District Assemblies for develop- ment

127. Appointment of District Assemblies Common Fund Administrator

128. Vacancy and removal of the Administrator

129. Functions of the Administrator

130. Investment of moneys in the Common Fund

131. Staff of the Common Fund

132. Expenses of the Common Fund

133. Accounts and audit

134. Annual report

135. Complaints

136. Grants-in-aid and other decentralised transfers Licences

137. Charges for licences

138. Licensing of vehicles

139. Entertainment licences

140. Provisions as to licences generally Fees and Miscellaneous Charges

141. Power to charge fees Taxes and other Revenues

142. Taxes

143. Investment income Rates

144. Rating authority

145. Duty to levy sufficient rates

146. Method of rating

147. Levying of rate

148. Date and place of payment of rate

149. Exemptions from and remission of rates

150. Minister to issue guidelines

151. Claim for amount of rate 6 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Act 936

152. Rates on immovable property to be a charge on premises

153. Rate Assessment Committee

154. Notice where general or special rate not paid

155. Notice of mortgage in respect of rateable premises

156. Proceedings in case of non-payment of rates

157. Agreement between landlord and tenant

158. Penalty for refusal to pay rates and wilful misrepresentation

159. Penalty for inciting a person not to pay rates

160. Penalty for unauthorised collection of rates

161. Rate payers and rate collectors

162. Penalty in respect of offences by rate collectors

163. Proceedings for rates

164. Payment of rates by public boards and institutions and Govern- ment

165. Employers to deduct rates from employees’ remuneration

166. Rating authority to appoint agent for collection of rates

167. Set-off and refund

168. Penalty

169. Duty to give information and inspection of premises in respect of rates Expenditure of District Assemblies

170. Expenditure

171. Writing off of irrecoverable arrears of revenue Other Financial Matters

172. Keeping of accounts and publication of annual statement of accounts

173. Power of Minister to give financial instructions

174. Access to records of District Assemblies PART SIX - AUDIT Internal Audit

175. Internal audit External Audit

176. Auditor-General to audit accounts of District Assemblies

177. Auditor-General may disallow or surcharge 7 Act 936 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016

178. Recovery of sums certified to be due

179. Suspension pending appeal

180. Application of provisions on audit PART SEVEN – BY-LAWS By-Laws and Model By-Laws

181. District Assembly to make by-laws

182. Validity of by-laws

183. Model by-laws

184. Copy of by-laws to be deposited at District Assembly offices

185. Evidence of by-laws PART EIGHT – DECENTRALISATION AT THE REGIONAL LEVEL Regional Co-ordinating Councils

186. Establishment of Regional Co-ordinating Councils

187. Composition of Regional Co-ordinating Councils

188. Functions of Regional Co-ordinating Councils

189. Development Planning functions of Regional Co-ordinating Councils

190. Planning functions of Regional Planning Co-ordinating Unit

191. Meetings of Regional Co-ordinating Councils

192. Office of the Regional Co-ordinating Council

193. Functions of the Office of the Regional Co-ordinating Council

194. Regional Co-ordinating Director

195. Staff of the Office of the Regional Co-ordinating Council

196. Departments of the Regional Co-ordinating Council

197. Functions of the Departments of the Regional Co-ordinating Council

198. Regional level inter-service and inter-sectoral collaboration and co-operation

199. Funds of the Regional Co-ordinating Council

200. Regional budget

201. Regional Minister

202. Relationship between the Regional Minister and the District Chief Executive

203. Regional management 8 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Act 936 PART NINE – INTER-MINISTERIAL CO-ORDINATING COMMITTEE ON DECENTRALISATION Establishment and Functions of the Inter-Ministerial Co-ordinating Committee on Decentralisation

204. Establishment of Inter-Ministerial Co-ordinating Committee on Decentralisation

205. Functions of the Inter-Ministerial Co-ordinating Committee

206. Technical Committee of the Inter-Ministerial Co-ordinating Com- mittee

207. Secretariat of the Inter-Ministerial Co-ordinating Committee PART TEN – MISCELLANEOUS MATTERS Acquisition of Immovable Property

208. Power of District Assembly to acquire land

209. Development charges on serviced land Legal Proceedings and Notices

210. Notice of suit to be served on District Assembly

211. Mode of service on District Assembly

212. Description of property

213. Power of entry

214. Publication of notices

215. Occupier to provide specified particulars Privileges and Immunities

216. Freedom of speech and proceedings in District Assembly

217. Immunity from proceedings for acts in District Assembly

218. Immunity from service as Juror

219. Immunity from service of process and arrest

220. Immunity from publication of proceedings

221. Privileges of witnesses

222. Contempt of District Assembly Obstruction of the Authority of a District Assembly

223. Obstruction of officers 9 Act 936 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Offence of Unauthorised Sitting and Voting

224. Penalty for unqualified person sitting or voting in District Assembly Executive Authority and Local Government

225. Delegation of powers of President or Minister

226. Provision of information to the President or Minister Provisions on Staff of District Assembly

227. Staff of District Assembly to give account of moneys and proper- ties in their charge

228. Protection of members and staff

229. Recovery of moneys due by way of deduction

230. Payment of allowances to District Assembly members and staff Authority of District Assembly

231. Proof of acts of authority Final Provisions

232. Regulations

233. Consequential amendments

234. Interpretation

235. Repeals and savings

236. Transitional provisions SCHEDULES FIRST SCHEDULE Decentralised Public Service Sectors SECOND SCHEDULE Existing Departments under Districts, Municipal and Metropolitan Assemblies THIRD SCHEDULE Departments Ceasing to Exist in their Present Form 10 Local Governance LOCAL GOVERNANCE Act, 2016 ACT, 2016 Act 936 FOURTH SCHEDULE Departments to be Established by District Assemblies FIFTH SCHEDULE Matters for Building By-Laws SIXTH SCHEDULE Notice SEVENTH SCHEDULE Services, Organisations and Departments to Implement Response Plan and By-Laws EIGHTH SCHEDULE Licences NINTH SCHEDULE Vehicle Licences – Description of Vehicle TENTH SCHEDULE Entertainment Licences ELEVENTH SCHEDULE Fees and Miscellaneous Charges TWELFTH SCHEDULE Taxes on Income THIRTEENTH SCHEDULE Departments of the Regional Co-ordinating Council FOURTEENTH SCHEDULE Consequential Amendments 11 Act 936 Local Governance Act, 2016 REPUBLIC OF GHANA THE NINE HUNDRED AND THIRTY-SIXTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED LOCAL GOVERNANCE ACT, 2016 AN ACT to provide for local governance in accordance with the Constitution; to establish a Local Government Service; to provide for the establishment and administration of the District Assemblies Common Fund; to provide for a National Develop- ment Planning System; to define and regulate planning procedures of District Assemblies; to co-ordinate, facilitate, monitor and supervise internal audit activities within District Assemblies and for related matters. DATE OF ASSENT: 20th December, 2016. PASSED by Parliament and assented to by the President: PART ONE – LOCAL GOVERNMENT Districts and District Assemblies Creation of districts

1. (1) For purposes of Local governance, the districts in existence immediately before the commencement of this Act shall continue to exist. (2) The President may, by Executive Instrument 12 Local Governance Act, 2016 Act 936 (a) declare any area within the country to be a district; and (b) assign a name to the district. (3) The President shall, in the exercise of the power under paragraph (a) of subsection (2), direct the Electoral Commission to make appropriate recommendations. (4) The Electoral Commission shall, before making recommenda- tions to the President under subsection (3), consider the following factors including (a) in the case of (i) a district, that there is a minimum population of seventy-five thousand people; (ii) a municipality, that there is a minimum of ninety- five thousand people; (iii) a metropolis, that there is a minimum of two hundred and fifty thousand people; and (b) the geographical contiguity and economic viability of the area, namely, the ability of an area to provide the basic infrastructural and any other developmental needs from the monetary and any other resources generated in the area. Demarcation of areas of authority of sub-district structures

2. (1) The areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees in existence before this Act shall continue to exist. (2) The Electoral Commission may review the areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees by Constitutional Instrument after a national population census. Establishment of District Assembly

3. (1) The Minister shall, by legislative instrument, establish a District Assembly for each district, municipality and metropolis. (2) A District Assembly shall constitute the highest political authority in the district. (3) The Instrument establishing a District Assembly, shall specify (a) the area of authority of the District Assembly as determined under subsection (2) of section 1; (b) the number of persons to be elected to the District Assembly 13 Act 936 Local Governance Act, 2016 and the maximum number of persons to be appointed to the District Assembly by the President; (c) the functions, powers and responsibilities of the District Assembly; (d) the place where the principal office of the District Assembly is to be situated; and (e) other matters that are required by this Act to be included in the Instrument or are consequential or ancillary to it. (4) The Minister shall establish (a) Sub-Metropolitan District Councils, (b) Urban Councils, (c) Town or Area Councils, and (d) Unit Committees in respect of the areas of authority of the sub-district structures within the area of authority of the District Assembly demarcated or reviewed in the same legislative instrument that established the District Assembly. (5) The Instrument shall specify (a) the jurisdiction, membership, functions, powers and responsibilities of the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Commit- tee; and (b) any other matter connected with the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee that may be considered necessary. Incorporation of District Assembly

4. (1) A District Assembly shall be a body corporate with perpetual succession. (2) For the performance of its functions, a District Assembly may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction. (3) Where there is hindrance to the acquisition of property by a District Assembly, the property may be acquired for the District Assembly under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the District Assembly. Composition of District Assembly 14 Local Governance Act, 2016 Act 936

5. (1) A District Assembly shall consist of the following members: (a) the District Chief Executive; (b) one person from each electoral area within the district elected by universal adult suffrage in accordance with regu- lations made for the purpose by the Electoral Commission; (c) the member or members of Parliament from the constitu- encies that fall within the area of authority of the District Assembly; and (d) other members that shall not exceed thirty per cent of the total membership of the District Assembly appointed by the President in consultation with the traditional authorities and other interest groups in the district. (2) A member of Parliament shall (a) be counted among the seventy per cent in the calculation of the thirty per cent of the appointed members; and (b) not have voting rights. (3) The members appointed under paragraph (d) of subsection (1) may be re-appointed. (4) A District Assembly may conduct its business in English and in any local language common to the communities in the district. (5) The District Co-ordinating Director appointed under subsec- tion (1) of section 75 shall be the Secretary to the District Assembly. Membership of District Assembly Election to District Assembly

6. (1) Elections to District Assemblies shall be held once every four years. (2) An election specified in subsection (1) and elections to Parlia- ment shall be held at least six months apart. (3) Whenever a situation arises in which the Electoral Commis- sion is unable to conduct a District Level election, the President may appoint an Interim Management Committee to perform the functions of the Assembly until elections are conducted. Qualifications and disqualifications of members of District Assemblies 15 Act 936 Local Governance Act, 2016

7. (1) A person qualifies to be elected or appointed to a District Assembly if the person (a) is a citizen of Ghana of not less than eighteen years of age; (b) is a registered voter; (c) is ordinarily resident in the district in which the person seeks election or for whose District Assembly the person is to be appointed; and (d) has paid all taxes and rates or made arrangements satisfac- tory to the appropriate authority for the payment of the taxes and rates. (2) For the purpose of paragraph (c) of subsection (1), a person is deemed to be ordinarily resident in a district if within the four years before the election or the appointment to the District Assembly, that person has lived in the district for an aggregate period of not less than twelve months. (3) A person is not qualified to be elected or appointed to a District Assembly if that person. (a) is of unsound mind; (b) has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence under an enactment in force in the Republic; (c) is a person against whom adverse findings have been made by a competent authority and accepted by the Government; (d) being a professional person is disqualified from practising that profession on grounds of malpractice, fraud or dishonesty by the competent professional body. (4) A member of staff of a District Assembly shall not be a member of the same District Assembly, whether elected or appointed. (5) Paragraph (c) of subsection (1) and subsection (2) do not apply to the District Chief Executive. (6) A person shall not at any time be a member of more than one District Assembly. Mode of seeking election

8. (1) A candidate who seeks election to a District Assembly or to any lower local government unit shall present that candidate’s self to the electorate as an individual and shall not use any symbol associated with any political party. (2) A political party shall not endorse, sponsor, offer a platform to 16 Local Governance Act, 2016 Act 936 or in any way campaign for or against a candidate who seeks election to a District Assembly or any lower local government unit. (3) A candidate who contravenes subsection (1) commits an offence and is liable on summary conviction to the cancellation of the nomina- tion of that candidate by the Electoral Commission. (4) A political party that contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units. Cessation of office of a member

9. (1) A person shall cease to be a member of a District Assembly (a) upon death; (b) upon revocation of the mandate of that person, but that person shall be disqualified from standing as a candidate for only two terms immediately after the revocation; (c) upon resignation in writing addressed to the Presiding Member of the District Assembly; (d) if that person fails to disclose any financial interest that person may have in a contract before the District Assembly for consideration; (e) if that person is absent from more than three consecutive ordinary meetings of the District Assembly without the written permission of the Presiding Member of the District Assembly; or (f) upon the dissolution of the District Assembly. (2) The District Assembly shall refer a complaint made to it that a member of the District Assembly has ceased to hold office under paragraphs (d) and (e) of subsection (1) to the Public Relations and Complaints Committee to investigate. (3) The Public Relations and Complaints Committee shall submit a report on its findings to the District Assembly within a time to be stipulated by the District Assembly. (4) Where the District Assembly, after studying the report is satisfied that a member is affected by paragraph (d) or (e) of subsection (1), it shall decide that the member shall cease to be a member of the District Assembly by resolution, supported by two thirds of members present and voting. 17 Act 936 Local Governance Act, 2016 (5) A member of the District Assembly who is aggrieved by a decision of the District Assembly about cessation of membership may have recourse to a court of law. Revocation of mandate of member

10. (1) The mandate of an elected member of a District Assembly may be revoked by the electorate. (2) For the purpose of revoking the mandate of an elected member, twenty-five per cent or more of the registered voters in the electoral area may petition the Electoral Commission for a recall of that member from the District Assembly. (3) The Electoral Commission shall conduct a referendum to decide whether or not the member must be recalled. (4) The issue at the referendum shall be decided if at least (a) forty per cent of the registered voters in the electoral area vote on the issue; and (b) sixty per cent of the votes cast are in favour of the recall of the member. (5) Where an elected member of a District Assembly (a) is recalled (b) is removed (c) resigns (d) dies; or (e) ceases to be a member by reason of section 9 (1) (e) a by-election shall be held to elect another person to replace the elected member. (6) Subsection (5) does not apply where the recall, removal, resig- nation or death occurs within six months before the end of the tenure of the elected member. (7) Whenever a vacancy occurs in a District Assembly in respect of an elected member, the Secretary to the Assembly shall notify the Electoral Commission in writing, within seven days after becoming aware that the vacancy has occured and a by-election shall be held within thirty days after the vacancy occured except that, where the vacancy occured by the death of the elected member, the by-election shall be held within sixty days after the occurance of the vacancy. 18 Local Governance Act, 2016 Act 936 (8) Where the occurence of the vacancy is occasioned by the death of an appointed member, the Secretary to the Assembly shall notify the President through the Minister, of the occurrence of the vacancy and the President shall within thirty days, appoint another person to the District Assembly. (9) The appointment of an appointed member of a District Assembly may be revoked by the President, (a) upon the recommendation of three-fourths of the mem- bers of the District Assembly on grounds that the member has (i) systematically neglected the duties of an appointed member of a District Assembly; or (ii) committed acts incompatible with the office as a member of the District Assembly for which suffi- cient evidence is available; or (b) upon a complaint made of wrong doing or improper conduct established to be true after investigation by an ad-hoc committee of the District Assembly. (10) Where the appointment of an appointed member of a District Assembly is revoked, another person may be appointed to replace the appointed member. (11) A person appointed under subsection (10) shall serve the term of the member whose appointment has been revoked and may be re-appointed. Emoluments of members of District Assemblies

11. (1) The emoluments of a District Chief Executive of a District Assembly shall be determined by Parliament and shall be charged on the Consolidated Fund. (2) The emoluments of a Presiding Member of a District Assembly and other members of the District Assembly shall be determined by the District Assembly and paid out of the District Assembly’s own resources. Functions of District Assembly Functions of District Assembly

12. (1) A District Assembly shall (a) exercise political and administrative authority in the district; 19 Act 936 Local Governance Act, 2016 (b) promote local economic development; and (c) provide guidance, give direction to and supervise other administrative authorities in the district as may be prescribed by law. (2) A District Assembly shall exercise deliberative, legislative and executive functions. (3) Without limiting subsections (1) and (2), a District Assembly shall (a) be responsible for the overall development of the district; (b) formulate and execute plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall development of the district; (c) promote and support productive activity and social devel- opment in the district and remove any obstacles to initia- tive and development; (d) sponsor the education of students from the district to fill particular manpower needs of the district especially in the social sectors of education and health, making sure that the sponsorship is fairly and equitably balanced between male and female students; (e) initiate programmes for the development of basic infrastruc- ture and provide municipal works and services in the district; (f) be responsible for the development, improvement and management of human settlements and the environment in the district; (g) in co-operation with the appropriate national and local security agencies, be responsible for the maintenance of security and public safety in the district; (h) ensure ready access to courts in the district for the promo- tion of justice; (i) act to preserve and promote the cultural heritage within the district; (j) initiate, sponsor or carry out studies that may be necessary for the discharge of any of the duties conferred by this Act or any other enactment; and (k) perform any other functions that may be provided under another enactment. 20 Local Governance Act, 2016 Act 936 (4) A District Assembly shall take the steps and measures that are necessary and expedient to (a) execute approved development plans for the district; (b) guide, encourage and support sub-district local structures, public agencies and local communities to perform their func- tions in the execution of approved development plans; (c) initiate and encourage joint participation with other persons or bodies to execute approved development plans; (d) promote or encourage other persons or bodies to undertake projects under approved development plans; and (e) monitor the execution of projects under approved develop- ment plans and assess and evaluate their impact on the development of the district and national economy in accordance with government policy. (5) A District Assembly shall co-ordinate, integrate and harmonise the execution of programmes and projects under approved development plans for the district and other development programmes promoted or carried out by Ministries, Departments, public corporations and other statutory bodies and non-governmental organisations in the district. (6) A District Assembly in the discharge of its duties shall (a) be subject to the general guidance and direction of the President on matters of national policy; and (b) act in co-operation with the appropriate public corpora- tion, statutory body or non-governmental organisation. (7) Public corporations, statutory bodies and non-governmental organisations shall co-operate with a District Assembly in the performance of their functions. (8) In the event of a conflict between a District Assembly and an agency of the central Government, public corporation, statutory body, non-governmental organisation or individual over the application of subsection (5), (6) or (7), the matter shall be referred by either or both parties to the Regional Co-ordinating Council for resolution. (9) The Instrument that establishes a particular District Assembly or any other Instrument, may confer additional functions on the District Assembly. 21 Act 936 Local Governance Act, 2016 Functions under other enactments

13. (1) A District Assembly shall be the authority to carry out and execute within its district the provisions of (a) the Auction Sales Act, 1989 (P.N.D.C.L. 230); (b) the Liquor Licensing Act, 1970 (Act 331); and (c) the Control and Prevention of Bushfires Act, 1990 (P.N.D.C.L. 229). (2) A District Assembly shall be the authority to carry out and execute the following provisions of the Criminal Offences Act, 1960 (Act 29) within its district: (a) section 296 in respect of throwing rubbish in the street; and (b) section 300 in respect of stray cattle. (3) For the purpose of subsection (1), the District Assembly shall, within its district, have the powers, rights, duties, capacities, liabilities and obligations of a person or authority mentioned in the enactment. (4) Subsection (3) does not include the powers of a court or the Commissioner of the Customs Division of the Ghana Revenue Authority. (5) For the purpose of the Liquor Licensing Act, 1970, (Act 331), the District Finance Officer or another designated officer of the District Assembly shall be the Licensing Officer. (6) For the purpose of section 296 of the Criminal Offences Act, 1960 (Act 29), the reference to the Engineer-in-Chief of Public Works includes the District Engineer of the District Assembly or an Engineer appointed in writing by the District Assembly. (7) For the purpose of section 300 of the Criminal Offences Act, 1960 (Act 29), the District Finance Officer or other designated officer of the District Assembly is deemed to be the Controller and Accountant- General or the representative of the Controller and Accountant-General. (8) Nothing contained in this section shall derogate from the statutory or other functions of the police, whether exercisable under the enactments specified in this section or otherwise and any person or authority performing a function under this subsection shall act in consultation with the police. 22 Local Governance Act, 2016 Act 936 Health officers of District Assembly

14. A person who discharges the duties of a Medical Officer or Sanitary Inspector under the Public Health Act, 2012 (Act 851) shall be an officer of the District Assembly of that area to give effect to and enforce by-laws related to public health made by the District Assembly. Delegation of functions of District Assembly

15. (1) A District Assembly may delegate any of the functions of the District Assembly to a Sub-Metropolitan District Council, Urban, Zonal, Town or Area Council or Unit Committee or any other body or person as it may determine. (2) Despite subsection (1), a District Assembly shall not delegate its power to legislate, levy taxes, rates, duties and fees or borrow money to a Sub-Metropolitan District Council, Urban Zonal, Town or Area Council or Unit Committee. Duties of a member of a District Assembly

16. (1) A member of a District Assembly shall as appropriate (a) maintain close contact with the electoral area of the District Assembly, consult the people of the electoral area on issues to be discussed in the District Assembly, collate their views, opinions, and proposals; (b) present the views, opinions and proposals of the electorate to the District Assembly; (c) attend meetings of the District Assembly and meetings of sub-committees of which that member of the District Assembly is a member; (d) meet the electorate before each meeting of the District Assembly; (e) report to the electorate the (i) general decision of the District Assembly: and (ii) actions the member has taken to solve problems raised by residents in the electoral area; (f) draw attention in general debate to national policies that are relevant to the subject under discussion; (g) actively participate in the work of the sub-committees of the Executive Committee; 23 Act 936 Local Governance Act, 2016 (h) bring to bear on any discussion in the District Assembly the benefit of the skill, profession, experience or specialised knowledge of the member; (i) maintain frequent liaison with organised productive economic groupings and other persons in the district; and (j) take part in communal and development activities in the district. (2) A member of a District Assembly shall, in the discharge of the duty, have due regard to the national interest and the interest of the people in the district. Administration of a District Assembly Presiding Member of District Assembly

17. (1) There shall be a Presiding Member of each District Assembly who shall be elected by the members of the District Assembly from among their number. (2) The Presiding Member shall not be the District Chief Executive or a Member of Parliament. (3) The Presiding Member shall be elected by at least a two-thirds majority of all the members of the District Assembly. (4) The Presiding Member shall hold office for a term of two years and is eligible for re-election subject to subsection (6). (5) The Presiding Member shall convene and preside at meetings of the District Assembly and perform other functions prescribed by law and the Standing Orders of the District Assembly. (6) The Presiding Member shall cease to hold office whenever the District Assembly, by a majority of at least two-thirds of all the members of the District Assembly, vote to remove that Presiding Member from office. (7) The District Assembly shall adopt the Model Standing Orders with the necessary modifications prior to the conduct of any business at the first sitting of the first meeting of the District Assembly. (8) The emoluments of a Presiding Member of a District Assembly shall be determined by the District Assembly. 24 Local Governance Act, 2016 Act 936 Meetings of District Assembly

18. (1) A District Assembly shall meet at least three times in a year. (2) Matters for decision by the District Assembly shall be deter- mined by the votes of the majority of members present and voting. (3) In the event of equality of votes, the Presiding Member shall have a casting vote. (4) The validity of proceedings of a District Assembly shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member. (5) A District Assembly may at any time summon any public officer in the district to attend any of its meetings to provide informa- tion or assistance as the District Assembly may require. (6) The Minister shall develop Model Standing Orders for the conduct and proceedings of District Assemblies. Executive Committee of District Assembly

19. (1) There shall be established an Executive Committee of a District Assembly to be responsible for the performance of the executive functions of the District Assembly. (2) An Executive Committee shall consist of (a) the District Chief Executive as chairperson; (b) the chairpersons of the following Sub-Committees of the Executive Committee (i) Development Planning, (ii) Social Services, (iii) Works, (iv) Justice and Security, and (v) Finance and Administration; (c) the chairperson of one ad hoc Sub-Committee of the Executive Committee elected by the District Assembly, and (d) any two other members elected by members of the District Assembly, at least one of whom is a woman. (3) The Secretary of the District Assembly shall be the Secretary of the Executive Committee. District Chief Executive

20. (1) There shall be a District Chief Executive for each district appointed by the President with the prior approval of not less than two-thirds majority of the members of the District Assembly present and voting at the meeting. 25 Act 936 Local Governance Act, 2016 (2) A District Chief Executive shall (a) preside at meetings of the Executive Committee of the District Assembly and in the absence of the District Chief Executive a member of the Executive Committee elected by the members present from among themselves shall preside; (b) be responsible for the day-to-day performance of the executive and administrative functions of the District Assembly; (c) be responsible for the supervision of the departments of the District Assembly; and (d) be the chief representative of the Central Government in the district. (4) The office of the District Chief Executive shall become vacant if (a) a vote of no confidence, supported by the votes of not less than two-thirds of all the members of the District Assembly, is passed against the District Chief Executive; (b) the District Chief Executive is removed from office by the President; or (c) the District Chief Executive resigns or dies. (5) A District Chief Executive shall hold office for four years but the District Chief Executive shall not hold office for more than two consecutive terms. (6) The emoluments of a District Chief Executive shall be charged on the Consolidated Fund and shall be determined by Parliament in accordance with article 71 of the Constitution. Functions of the Executive Committee

21. (1) The Executive Committee of a District Assembly shall exercise the executive and co-ordinating functions of the District Assembly. (2) An Executive Committee shall (a) co-ordinate the plans and programmes of the sub-committees and submit these as comprehensive plans of action to the District Assembly; (b) implement resolutions of the District Assembly; (c) report to members of the District Assembly the decisions of the Executive Committee; 26 Local Governance Act, 2016 Act 936 (d) oversee the administration of the district in collaboration with the office of the District Chief Executive; (e) make recommendations on stated grounds to the appro- priate Ministry, Department or Agency, for the appoint- ment and replacement of officers for departments outside the control of the District Assembly where it is considered expedient to do so; (f) develop and execute approved plans of the units, areas and towns and sub-metropolitan districts, within the area of authority of the District Assembly; (g) recommend to the District Assembly (i) the economic, social, spatial and human settlement policies related to the development of the district; (ii) harmonisation of the development policies of the district with national development policies; (iii) the integration and co-ordination of the processes of planning, programming, budgeting and imple- mentation; (iv) initiation and implementation of development programmes and projects at the district level; and (v) the monitoring and evaluation of policies, programmes and projects. (3) An Executive Committee shall in between meetings of a District Assembly, carry out functions of the District Assembly other than the legislative function of the District Assembly. (4) The Executive Committee shall communicate its decisions to Members of the District Assembly at least seven days before the meeting of the District Assembly. Meetings of Executive Committee

22. (1) An Executive Committee may co-opt any person to attend its meetings but a co-opted person shall not vote. (2) An Executive Committee may conduct its business in English and in any local language decided under subsection (4) of section 5. (3) The validity of the proceedings of the Executive Committee shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member. (4) An Executive Committee shall regulate the procedures for its meetings in accordance with the Standing Orders of the District Assembly. 27 Act 936 Local Governance Act, 2016 Sub-committees of the Executive Committee

23. (1) An Executive Committee shall have the following sub- committees: (a) Development Planning Sub-Committee; (b) Social Services Sub-Committee; (c) Works Sub-Committee; (d) Justice and Security Sub-Committee; (e) Finance and Administration Sub-Committee; and (f) any other sub-committee the District Assembly may deter- mine. (2) Each sub-committee shall consist of members of the District Assembly determined by the District Assembly. (3) A member of the District Assembly other than the Presiding Member shall serve on at least one sub-committee during the tenure of office of that member. (4) Recommendations to the District Assembly for the constitu- tion of a sub-committee shall be made by the District Chief Executive in consultation with the Secretary to the District Assembly. (5) Heads of Departments of the District Assembly shall attend the meetings of the sub-committees and shall advise them on the perfor- mance of their functions but shall not vote. (6) A sub-committee may co-opt a person to attend any of its meetings but a co-opted person shall not vote. (7) A sub-committee shall regulate the procedure for its meeting in accordance with the Standing Orders of the District Assembly. (8) The District Assembly may dissolve and re-constitute a sub-committee that is not performing its functions efficiently. (9) The dissolution shall be supported by two-thirds of all members of the District Assembly present and voting. (10) The Secretary to the District Assembly shall appoint a Head of Department of a sector relevant to the work of a sub-committee to be the Secretary to the sub-committee. Functions of sub-committees

24. (1) The functions of the sub-committees of the Executive Com- mittee shall be as provided in the Model Standing Orders issued by the Minister for the conduct and proceedings of District Assemblies. 28 Local Governance Act, 2016 Act 936 (2) A sub-committee shall collate and deliberate on issues of its responsibility to assist the District Assembly in the deliberative, legisla- tive and executive functions of the District Assembly. (3) A sub-committee shall submit its recommendations to the Executive Committee of the District Assembly. Instrument of Establishment of Metropolitan Assembly

25. (1) The provisions on the functions and meetings of an Executive Committee and the Sub-Committees and functions of an Executive Sub-Committee shall not apply to a Metropolitan Assembly. (2) The legislative instrument establishing a Metropolitan Assembly shall specify its sub-committee system and other related matters. Dissemination of Information Public Relations and Complaints Committee

26. (1) A District Assembly shall have a Public Relations and Com- plaints Committee consisting of (a) the Presiding Member who shall be the chairperson; (b) five members of the District Assembly elected by the members of the District Assembly; (c) a representative each of the district offices of the following: (i) National Commission for Civic Education, (ii) Commission on Human Rights and Administrative Justice, (iii) Information Services Department, and (iv) civil society organisations in the district selected by the civil society organisations. (2) A person appointed under subparagraph (iv) of paragraph (c) of subsection (1) shall not have voting rights. Functions of the Public Relations and Complaints Committee

27. (1) The Public Relations and Complaints Committee shall (a) educate the members of the public on the activities of the District Assembly; (b) promote transparency, probity and accountability in the dealings of the District Assembly with the public; (c) investigate complaints or allegations made against the conduct of the District Chief Executive, members of the District Assembly, staff of the District Assembly and staff of the departments of the District Assembly; 29 Act 936 Local Governance Act, 2016 (d) investigate complaints or allegations of administrative injustice, abuse and misuse of office and violation of the fundamental human rights of any member of the public in the district against the District Chief Executive, a member of the District Assembly, staff of the District Assembly and staff of the departments of the District Assembly; (e) investigate a complaint or allegation of failure made by a person about the performance of the District Assembly or a department of the District Assembly in the discharge of its statutory duty or corporate responsibilities; and (f) perform any other functions reasonably related to its core functions that the District Assembly may decide. (2) The Public Relations and Complaints Committee shall not investigate a matter which is pending before a court or the Commission on Human Rights and Administrative Justice. (3) The Public Relations and Complaints Committee shall com- ply with the rules of natural justice in the performance of the functions of the Committee and make recommendations to the District Assembly in respect of its investigations for the appropriate action of the District Assembly. (4) The Public Relations and Complaints Committee may make the following specific recommendations through the District Assembly: (a) to the Electoral Commission to commence processes for the revocation of the mandate of an elected member of the District Assembly under subsections (1) to (6) of section 10; (b) to the President for the revocation of the appointment of an appointed member under subsections (7), (9) and (10) of section 10; or (c) to the President for the removal of the District Chief Executive from office. (5) The Public Relations and Complaints Committee may also recommend that the District Assembly commences the processes to pass a vote of no confidence in the District Chief Executive. District Chief Executive to address District Assembly

28. (1) The District Chief Executive may address the District Assembly in session on policies determined by the President. 30 Local Governance Act, 2016 Act 936 (2) The District Chief Executive shall (a) present a report on the performance of the functions of the Executive Committee, of the office of the District Chief Executive as well as of the state of the district to the District Assembly at the beginning of each session; and (b) submit the recommendations of the District Assembly on matters of national concern to the Minister and the Regional Co-ordinating Council at the end of each session. Other appointees of President to address District Assembly

29. A Minister of State or other appointee of the President may address the District Assembly on personal initiative, at the invitation of the District Assembly, or on the directive of the President on a matter related to the sector or function of the Minister or appointee of the Presi- dent. Other Matters Concerning District Assemblies Provision of offices by District Assemblies

30. A District Assembly may (a) build, acquire, provide, hire and furnish buildings within the administrative area of the District Assembly, (b) combine with another District Assembly to build, acquire, provide, hire and furnish a building within or outside the administrative area of the District Assembly, or (c) contribute towards the expense incurred by another District Assembly in building, acquiring, providing, hiring and furnishing any building within or outside the administrative area of the District Assembly to be used to transact the business of the District Assembly and for public meetings. Joint committees of District Assemblies

31. (1) A District Assembly may appoint a joint committee with another District Assembly for a project in their mutual interest and may delegate a function of the District Assembly related to the project to the committee. 31 Act 936 Local Governance Act, 2016 (2) A joint committee appointed under this section may be authorised to co-opt additional members. (3) The delegation by the District Assembly to the joint committee shall not include the power of a District Assembly to approve by-laws, draw up annual estimates, levy rates or borrow money. (4) Where a District Assembly appoints or agrees with another District Assembly to appoint a joint committee, the District Assembly may make, vary or revoke any of its regulations related to the quorum, proceedings and place of meetings. (5) The quorum for proceedings and place of meeting shall be as determined by the joint committee. (6) Each joint committee appointed shall, report the proceedings of the joint committee to the District Assembly concerned through the Executive Committee and the decisions of the Executive Committee shall be subject to the approval of the District Assembly. Joint commercial activity

32. A District Assembly may join another District Assembly to carry out any commercial activity that falls within the scope of their respective functions and may determine the allocation of the cost and benefits in respect of that activity. Procurement powers and tender procedures of District Assembly

33. The procurement powers and tender procedures of a District Assembly shall be in accordance with the relevant procurement laws. Power of District Assembly to insure

34. A District Assembly may (a) insure the property of the District Assembly against a risk of any kind; or (b) insure a third party against injury or damage resulting from an act or omission by a member of staff of the District Assembly in the performance of an official function. Ancillary powers of a District Assembly

35. (1) A District Assembly may (a) through the District Chief Executive, authorise any person in writing to enter land, premises or any place at a reason- able time for a purpose connected with the functions of the District Assembly; 32 Local Governance Act, 2016 Act 936 (b) request any person in writing to furnish the District Assembly with information reasonably necessary for the performance of the functions of the District Assembly; and (c) give directions to any person that may be reasonably neces- sary for the performance of the functions of the District Assembly. (2) A person who (a) wilfully obstructs an officer of a District Assembly in the carrying out of the functions of the District Assembly, (b) fails to furnish information requested from that person without reasonable excuse, proof of which shall be on that person, or (c) gives information in response to a request made under this section which that person knows to be false, or which that person has no reasonable grounds to believe to be true, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than two years or to both and in the case of a continuing offence to a fine of not more than five penalty units for each day that the offence continues. Investigation by the President

36. The President may cause the performance of any function or matter of a District Assembly under this or any other enactment to be investi- gated if the matter is likely to affect the discipline of the District Assembly and shall give directions as appropriate. Power of President to enforce functions of District Assembly

37. (1) The President may declare a District Assembly to be in default of its functions by Executive Instrument if it is in the public interest to do so and may by the same or another Executive Instrument (a) direct the District Assembly on how to perform any of its functions within the time specified in the Executive Instru- ment; or (b) transfer to a person or body the performance of any of the functions of the District Assembly in default specified in the Executive Instrument. (2) Where the President has transferred the performance of any of the functions of a District Assembly in default to a person or body, the 33 Act 936 Local Governance Act, 2016 President may, by the same or another Executive Instrument, dissolve or suspend the District Assembly for not more than one year or prohibit that District Assembly from the performance of certain functions specified in the Executive Instrument for not more than one year. (3) The President may issue an Executive Instrument to continue the suspension of a District Assembly in default for a period of not more than one year at any one time. Expenses in respect of transferred functions

38. Where any functions of a District Assembly are transferred by the President to a person or body by Executive Instrument, the expenses incurred by the person or body in the performance of those functions shall be a debt due from the District Assembly concerned, to the person or body. District Assemblies to contribute to Association

39. (1) A District Assembly shall make a contribution to the National Association of Local Authorities of Ghana as the Association may determine. (2) The contribution shall be in respect of any expenditure incurred by the Association to undertake its business and hold its meetings. Participatory Governance at the Local Level Participation in District Assembly processes

40. A District Assembly shall enable the residents and other stakeholders in the district to participate effectively in the activities of the District Assembly and the sub-district structures of the District Assembly. Participation in by-laws and fee-fixing resolutions

41. District level stakeholders may (a) participate in the deliberative function of the District Assembly by the publication of a draft by-law or fee-fixing resolution in a media of mass communication in the district that includes radio, the print media, notice boards on the premises of the District Assembly and in the major towns and settlements in the district, before the commence- ment of proceedings on the draft by-law or fee-fixing resolution; (b) make representations to the District Assembly through the Secretary to the District Assembly on any provision of the draft by-law or proposal in the fee-fixing resolution; 34 Local Governance Act, 2016 Act 936 (c) appear before a sub-committee of the Executive Committee to which a draft by-law or fee-fixing resolution is referred to make an oral representation; (d) attend the proceedings of the District Assembly as observers when a draft by-law or fee-fixing resolution is being debated; (e) disseminate the by-law or fee-fixing resolution as widely as possible and play an advocacy role on the contents of the by-law or fee-fixing resolution after the enactment of the by-law or the adoption of a fee-fixing resolution. (2) The District Assembly shall cause a public announcement to be made at least ten working days before the first day of submission of the draft by-law or the fee-fixing resolution to the District Assembly for the first time. Modalities and platforms for participation

42. A District Assembly shall facilitate the establishment of a structure for stakeholder participation that may include the following: (a) information communication technology-based platforms; (b) town hall meetings; (c) budget preparation and validation fora; (d) notice boards announcing jobs, appointments, procurement awards and other important announcements of public interest; (e) visits to development project sites; and (f) other avenues for the participation of the people. Right of stakeholders to petition

43. (1) District level stakeholders may petition the District Assembly on any matter for which the District Assembly is responsible; (2) The petition shall be made in writing or orally to the Secre- tary to the District Assembly. (3) A District Assembly shall make a by-law on the procedure for the petition. 35 Act 936 Local Governance Act, 2016 Duty of District Assembly to respond to petition of stakeholders

44. Officials, departments and agencies of a District Assembly shall (a) acknowledge receipt of the petition of a stakeholder within seven days; and (b) respond to the petition within three months of receipt of the petition. District Chief Executive to report on participation

45. The District Chief Executive, in the report to the District Assembly, shall include a report on stakeholder participation in the activities of the District Assembly. District Assembly communication

46. (1) A District Assembly shall (a) create awareness on local level decentralisation and gover- nance; (b) promote public understanding for purposes of peace and national cohesion; (c) undertake advocacy on core development issues such as agriculture, education, health, security, economics and sustainable development. (2) A District Assembly shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest public outreach possible in the district which may include (a) television stations; (b) information communication technology centres; (c) websites; (d) community radio stations; and (e) public meetings. (3) A District Assembly shall encourage and facilitate other means of mass communication including the traditional media. Access to information

47. (1) Every resident in a district shall have access on request to in- formation held by a District Assembly or a Department of the District Assembly subject to limitation imposed by law. (2) The Secretary to a District Assembly is responsible for ensuring access to information on request. 36 Local Governance Act, 2016 Act 936 Inclusion and integration of minorities and marginalised groups

48. A District Assembly shall observe the following principles: (a) protection of marginalised groups from discrimination of any kind, including discrimination based on language, religion, culture, national or social origin, gender, birth, descent or other status; (b) equality of treatment in each area of economic, educational, social, religious, political and cultural life of the marginalised and minority group; (c) special protection to vulnerable persons who may be subject to threats or acts of discrimination, hostility, violence and abuse as a result of their ethnic, cultural, religious or other identity; (d) special measures of affirmative action for marginalised and minority groups to ensure their enjoyment of equal rights with the rest of the population; (e) respect for and promotion of the identity and characteristics of minorities; (f) promotion of diversity and inter-cultural education; and (g) promotion of effective participation of marginalised groups in public and political life. PART TWO - LOCAL GOVERNMENT SERVICE Establishment of the Local Government Service Establishment of the Local Government Service

49. (1) There is established by this Act, a body corporate with perpetual succession to be known as the Local Government Service. (2) The Service shall be decentralised at the regional, district and sub-district levels. (3) For the performance of its functions, the Service may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction. (4) Where there is hindrance to the acquisition of property, the property may be acquired for the Service under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Service. 37 Act 936 Local Governance Act, 2016 Membership of the Service

50. Membership of the Service includes officers and staff of the following organisations: (a) Offices of the District Assemblies; (b) Departments of the District Assemblies; (c) Offices of the Regional Co-ordinating Councils; (d) Departments of the Regional Co-ordinating Councils; (e) Offices of the Sub-Metropolitan District Councils, Urban, Town and Area Councils; (f) Office of the Head of the Local Government Service; and (g) other persons as may be employed for the Service. Object of the Service

51. The object of the Service is to secure the effective administration and management of the decentralised local government system in the country. Functions of the Service

52. To achieve its object, the Service shall (a) provide technical assistance to District Assemblies to enable the District Assemblies effectively perform their functions and discharge their duties in accordance with the Constitution and this Act; (b) conduct organisational and job analysis for the District Assemblies; (c) conduct management audits for the District Assemblies in order to improve the overall management of the Service; (d) design and co-ordinate management systems and processes for the District Assemblies; (e) develop and co-ordinate the personnel plans and assess the personnel needs of the District Assemblies in consultation with the District Assemblies; (f) develop and co-ordinate the training implementation plans of the District Assemblies in consultation with the respec- tive District Assemblies; (g) develop professional standards and guidelines for the various categories of staff who are members of the Service; (h) work in consultation and close co-operation with other Public Services; (i) assist the District Assemblies in the performance of their functions under any other enactment; and (j) perform other functions incidental or conducive to the achievement of the object of the Service. 38 Local Governance Act, 2016 Act 936 Governing body of the Service

53. (1) The governing body of the Service is a Council consisting of (a) a chairperson with extensive experience in local government and decentralisation matters; (b) a representative of the Ministry responsible for Local Government not below the rank of a Director; (c) the Director-General of the National Development Plan- ning Commission or the representative of the Director- General; (d) a representative of the Ministry of Education not below the rank of a Director; (e) a representative of the Ministry of Health not below the rank of a Director; (f) the Head of the Local Government Service; (g) the Administrator of the District Assemblies Common Fund or the representative of the Administrator; (h) a representative of the National Association of Local Authorities of Ghana; (i) a representative of the local government workers nominated by the workers; (j) the Director of the Institute of Local Government Studies or a representative of the Director; (k) a representative of the National House of Chiefs; (l) two representatives of civil society organisations with consid- erable knowledge of local government and decentralisation matters nominated by the Minister; and (m) two women with considerable knowledge of local govern- ment and decentralisation matters nominated by the Minister. (2) The members of the Council shall be appointed by the President in accordance with article 70 of the Constitution. Functions of the Council

54. The Council shall (a) be responsible for matters of policy related to the manage- ment of the Service; (b) ensure the proper and effective performance of the functions of the Service; (c) approve a Scheme of Service , on the advice of the Public Services Commission, that prescribes the terms and conditions of service of the employees of the Service; (d) recommend the remuneration of the employees of the Service to the Fair Wages and Salaries Commission; 39 Act 936 Local Governance Act, 2016 (e) develop policy guidelines to handle matters related to the recruitment, training, promotion, discipline, arbitration and petition within the Service; (f) set performance standards within which the District Assemblies and Regional Co-ordinating Councils shall perform their functions and discharge their duties; (g) monitor and evaluate the performance standards of District Assemblies and Regional Co-ordinating Councils; (h) ensure the development and co-ordination of the personnel plans and assessment of the personnel needs of the District Assemblies; (i) ensure the development and co-ordination of the training implementation plans of District Assemblies; (j) ensure the development of professional standards and guide- lines for the various categories of staff who are members of the Service; and (k) perform other functions that may be assigned to it under this Act or any other enactment. Tenure of office of members of the Council

55. (1) A member of the Council shall hold office for a period of not more than four years and is eligible for re-appointment but that member shall not be appointed for more than two terms. (2) Subsection (1) does not apply to the Head of the Local Government Service. (3) A member of the Council may, at any time, resign from office in writing addressed to the President through the Minister. (4) A member of the Council, other than the Head of the Local Government Service, who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council. (5) The President may by letter addressed to a member revoke the appointment of that member. (6) Where a member of the Council is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. 40 Local Governance Act, 2016 Act 936 (7) Where there is a vacancy (a) under subsection (3) or (4), or section 57(2), (b) as a result of a declaration under subsection (6), or (c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy. Meetings of the Council

56. (1) The Council shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one-third of the members of the Council convene an extraordinary meeting of the Council at the place and time determined by the chairperson. (3) The chairperson shall preside at the meetings of the Council and in the absence of the chairperson, a member of the Council other than the Head of the Local Government Service elected by the members present from among their number shall preside. (4) Matters before the Council shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (5) The Council may co-opt a person to attend a meeting of the Council but that person shall not vote on a matter for decision at the meeting. (6) The validity of an act of the Council shall not be invalidated by reason of a vacancy in the membership of the Council or a defect in the appointment of a member. Disclosure of interest

57. (1) A member of the Council who has an interest in a matter for consideration shall (a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) not be present at or participate in the deliberations of the Council in respect of the matter. 41 Act 936 Local Governance Act, 2016 (2) A member ceases to be a member of the Council if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or (b) fails to recuse himself or herself and participates in the deliberation of the Council in respect of the matter. Committees of the Council

58. (1) The Council may establish committees consisting of members of the Council or non-members or both to perform a function. (2) A committee of the Council may be chaired by a member of the Council. (3) Section 57 applies to a member of a committee of the Council. Allowances

59. Members of the Council and members of a committee of the Council shall be paid the allowances approved by the Minister in consul- tation with the Minister responsible for Finance. Presidential directives

60. The President may give directives to the Council on matters of policy and the Council shall comply. Delegation of power of appointment

61. The President may delegate the power of appointment under this Act in accordance with Article 195 of the Constitution. Administration of the Service Head of the Local Government Service

62. (1) The President shall in accordance with Article 195 of the Constitution appoint a Head of the Local Government Service. (2) The Head of the Local Government Service shall hold office on the same terms and conditions as the Head of the Civil Service. Functions of the Head of the Local Government Service

63. (1) The Head of the Local Government Service is the head of the Office of the Head of the Local Government Service and is subject to the general directions of the Council. (2) The Head of the Local Government Service is responsible for the efficient organisation and management of the Service and for the day to day operation of the Office of the Head of the Local Government Service. 42 Local Governance Act, 2016 Act 936 (3) The Head of the Local Government Service may delegate the functions of the Office to an officer of the Service but shall not be relieved from ultimate responsibility for the performance of the delegated function. (4) The Head of the Local Government Service shall (a) provide leadership and guidance in the performance of the functions of the Service and the implementation of the decisions of the Council; (b) ensure the effective organisation and development of training programmes consistent with the sectoral requirements of the Service; (c) establish systems of effective inter-service and sectoral collaboration and co-operation between the Service and other public services to harmonise local government programmes and avoid duplication with the approval of the Council; and (d) initiate plans and programmes within the Service, for the consideration and approval of the Council to accelerate the decentralisation process in accordance with the Constitu- tion and any other enactments. (5) The Head of the Local Government Service is the Secretary to the Council. Office of the Head of the Local Government Service

64. The Local Government Service Secretariat in existence before the commencement of this Act shall be known as the Office of the Head of the Local Government Service. Functions of the Office of the Head of the Local Government Service

65. The Office of the Head of the Local Government Service shall (a) be responsible for the day to day administration of the Service; (b) be responsible for the implementation of the decisions of the Council; (c) provide technical and other support to the Service and to the Council for the performance of their functions; (d) ensure the effectiveness of the Service; (e) perform functions that the Council may specify; and (f) perform any other functions that are incidental to the effective operation of the Service. 43 Act 936 Local Governance Act, 2016 Chief Director of the Office of the Head of the Local Government Service

66. (1) The President shall in accordance with Article 195 of the Constitution appoint a Chief Director of the Office of the Head of the Local Government Service to be the chief adviser to the Head of the Local Government Service. (2) The Chief Director shall have the same terms and conditions as a Chief Director of the Civil Service. Appointment of other staff

67. (1) The President shall, in accordance with Article 195 of the Constitution, appoint other staff of the Local Government Service that are necessary for the proper and effective performance of the functions of the Service. (2) The Council may engage the services of consultants or advisers on the recommendation of the Head of the Local Government Service. Transfer or secondment

68. (1) Other public officers may be transferred or seconded to the Local Government Service. (2) The Council shall approve the transfer or secondment to the Office of the Head of the Local Government Service. Expenses and Reports of the Council and the Office of the Head of the Local Government Service Expenses of the Office of the Head of the Local Government Service

69. The expenses of the Office of the Head of the Local Government Service, including the administrative expenses, salaries, allowances, operational and other expenses as well as retirement benefits payable in respect of persons employed for and by the Office of the Head of the Local Government Service, shall be a charge on the Consolidated Fund. Submission of budget estimates on the authority of the Council

70. (1) The Head of the Local Government Service shall prepare and submit to the Minister responsible for Finance through the Minister, the budget estimates of revenue and expenditure to be incurred by the Council and the Office of the Head of the Local Government Service for the next financial year not later than three months before the end of each finan- cial year. 44 Local Governance Act, 2016 Act 936 (2) The budget estimates shall be in the form approved for that purpose by the Minister responsible for Finance. Accounts and audit

71. (1) The Council shall keep books of account and proper records in relation to them in the form approved by the Controller and Accountant- General (2) The Council shall submit the accounts of the Service to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Council. Annual report and other reports

72. (1) The Council shall, within one month after the receipt of the audit report, submit an annual report covering the activities and opera- tions of the Service for the year to which the report relates to Parliament. (2) The annual report shall include the report of the Auditor- General. (3) The Council shall also submit to Parliament through the Minister any other reports which Parliament may require. Office of the District Assembly Office of the District Assembly

73. There shall be an Office of the District Assembly for each District Assembly. Functions of Office of the District Assembly

74. The Office of the District Assembly is responsible to the District Assembly in the performance of its functions. District Co-ordinating Director

75. (1) There shall be a District Co-ordinating Director for each District Assembly who (a) is the administrative head of the Office of the District Assembly, and (b) co-ordinates the activities of the Departments of the District Assembly. (2) The District Co-ordinating Director shall be appointed by the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission. 45 Act 936 Local Governance Act, 2016 (3) The District Co-ordinating Director shall be a member of the Service. (4) The District Co-ordinating Director shall ensure that the functions and responsibilities of the Office of the District Assembly are efficiently and effectively carried out. (5) The District Co-ordinating Director is answerable to the District Chief Executive in the performance of the functions of the District Co-ordinating Director. (6) Staff of the Office of the District Assembly are answerable to the District Chief Executive through the District Co-ordinating Director. Staff of the Office of the District Assembly

76. (1) The Office of the District Assembly shall have the staff that are necessary for the proper and effective performance of its functions. (2) Until legislation provides for the appointment of the staff of the Office of the District Assembly by the District Assembly, the staff of the District Assembly shall be appointed by the Head of the Local Government Service. (3) The Head of the Local Government Service may delegate the powers to the District Assembly in respect of specified categories of staff. (4) A District Assembly shall establish a five member District Appointments Advisory Committee chaired by the District Co-ordinating Director to be responsible for the appointment of staff of the District Assembly with the prior approval of the Head of the Local Government Service. (5) The Head of the Human Resource Department shall be the Secretary to the Appointments Advisory Committee. (6) The members of the District Appointments Advisory Committee shall not be members of the District Assembly. (7) The staff of the Office of the District Assembly shall perform the functions assigned to them under this or any other enactment. (8) The staff of the Office of the District Assembly shall be appointed on the terms and conditions that the Head of Service on the advice of the Council acting in consultation with the Public Services Commission determines. Departments of the District Assembly Decentralised sectors at the district level

77. (1) The sectors listed in the First Schedule are the decentralised public service sectors. 46 Local Governance Act, 2016 Act 936 (2) The President may amend the Third Schedule by Executive Instrument and shall specify which of the functions of the decentralised public service sectors are to be performed by the District Assembly in the same Executive Instrument or another one. Departments of a District Assembly

78. (1) The Departments listed in the Second Schedule are the Departments of the District Assembly. (2) The Departments specified in the first column of the Third Schedule shall cease to exist in their present form and shall form part of the Departments specified in the second column of the Third Schedule. (3) A District Assembly shall establish the Departments specified in the first column of the Fourth Schedule and consequently, the Depart- ments specified in the second column of the Fourth Schedule shall cease to exist after the coming into force of this Act. (4) The President may by Executive Instrument amend the Second Schedule. (5) The Departments of the District Assembly shall be headed by Heads of Departments who are responsible for the proper and effective performance of their functions. (6) The Heads of Departments of the District Assembly shall be responsible to the District Chief Executive through the District Co-ordinating Director. (7) The Head of the Local Government Service shall issue admin- istrative instructions that specify (a) the mode of implementation of the Departments ceasing to exist; (b) the details of the reporting relationships between the Heads of Departments of a District Assembly, the District Co-ordinating Director and the District Chief Executive; and (c) the details of the reporting relationships between the Departments of the District Assembly, the Sub-Committees of the Executive Committee of the District Assembly, the Executive Committee of the District Assembly and the District Assembly. Staff of the Departments of the District Assembly

79. (1) The Departments of the District Assembly shall have the staff that may be necessary for the proper and effective performance of their functions. 47 Act 936 Local Governance Act, 2016 (2) Until legislation provides for the appointment of the staff of the District Assembly by the District Assembly, the staff of the Depart- ments of the District Assembly shall be appointed by the Head of the Local Government Service in consultation with the Public Services Com- mission. (3) The Head of the Local Government Service may delegate the power of appointment to the District Assembly in respect of specified categories of staff. (4) The staff of the Departments of the District Assembly shall perform the functions that are assigned to them under this Act or any other enactment. (5) The staff of the Departments of the District Assembly shall be appointed on the terms and conditions that the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission determines. Functions of the Departments of a District Assembly

80. The Departments of the District Assembly shall (a) perform the functions assigned to them under the Local Government (Departments of District Assemblies) (Com- mencement) Instrument, 2009 (L.I. 1961) and any other enactment for the time being in force; (b) be responsible for the implementation of the decisions of the District Assembly; and (c) provide quarterly reports on the implementation of the decisions of the District Assembly to the Executive Com- mittee of the District Assembly through the Office of the District Chief Executive. District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation Collaboration and co-operation between Departments of District Assemblies and other organisations

81. (1) Departments of a District Assembly shall collaborate and co-operate with non-decentralised departments, state-owned enterprises and public corporations operating in the district to ensure a co-ordinated approach to the development and management of the district, avoid duplication and ensure a more convenient and cost-effective implemen- tation of programmes and projects. 48 Local Governance Act, 2016 Act 936 (2) The District Chief Executive shall play the lead role in the system of collaboration and co-operation with other sectors. (3) The Heads of Departments of the other sectors shall attend meetings and participate in the deliberations of the Sub-Committees of the Executive Committee of the District Assembly, the Executive Com- mittee of the District Assembly and the District Assembly to which they are invited. (4) The Heads of the other sectors shall provide information on any matter affecting their sectors reasonably requested by the District Chief Executive, the District Co-ordinating Director or Head of a Department of the District Assembly. PART THREE - PLANNING FUNCTIONS OF DISTRICT ASSEMBLIES Economic Planning Establishment of a District Planning Authority

82. (1) Each District Assembly is hereby established as the planning authority for its area of authority for the purposes of national economic planning. (2) The District Assembly as the planning authority for the district shall perform any planning functions conferred on it by this Act or any other enactment. Planning functions of a District Planning Authority

83. (1) A District Planning Authority shall (a) initiate and prepare district development plans and settle- ment structure plans in the manner prescribed by the Com- mission, (b) ensure that the district development plans and the settle- ment structure plans are prepared with the full participa- tion of the local community; (c) carry out studies on (i) development planning matters in the district that include studies on economic, social, spatial, envi- ronmental, sectoral and human settlement issues and policies; and (ii) the mobilisation of human and physical resources for development in the district; 49 Act 936 Local Governance Act, 2016 (d) initiate and co-ordinate the process to plan, programme, budget and implement a district development plan, programme or project; (e) integrate and ensure that sector and spatial policies, plans, programmes and projects of the district are compatible with each other and with national development objectives issued by the Commission; (f) synthesise the policy proposals on development planning in the district into a comprehensive framework for the economic, social and spatial development of the district including human settlements and ensure that the policy proposals and projects are in conformity with the principles of sound environmental management; (g) monitor and evaluate the development policies, programmes and projects in the district; and (h) provide the Commission with the data and information that the Commission may require. (2) Despite subsection (1) (a), the planning authority of a District Assembly shall prepare a settlement structure plan in accordance with the provisions of any enactment on planning relevant to the preparation of the settlement structure plan. (3) The Heads of Departments of a District Assembly and the Heads of other sectors shall collectively prepare a draft Strategic District Development Plan to form the basis of a District Development Plan. (4) The Commission shall issue guidelines and manuals for the operation of District Planning Co-ordinating Units. Establishment of District Planning Co-ordinating Unit

84. (1) There shall be established a District Planning Co-ordinating Unit for each District Assembly. (2) A District Planning Co-ordinating Unit shall comprise the Heads of Departments of a District Assembly and any other person that the District Planning Authority may deemfit. (3) The Heads of other sectors shall attend meetings of the District Planning Co-ordinating Unit and participate in the preparation of the District Development Plan. (4) The District Co-ordinating Director shall lead the District Plan- ning Co-ordinating Unit in the preparation of the District Development Plan. 50 Local Governance Act, 2016 Act 936 (5) Each District Planning Authority shall have a District Planning Officer who shall be the secretary to the District Planning Co-ordinating Unit. Planning functions of the District Planning Co-ordinating Unit

85. A District Planning Co-ordinating Unit is responsible for (a) the provision of advice and a secretariat for the District Planning Authority in respect of its planning, program- ming, monitoring, evaluating and co-ordinating functions; (b) the co-ordination of planning activities of the Departments of the District Assembly and other appropriate agencies connected with the planning process; (c) synthesising the strategies related to the development of the district into a comprehensive and cohesive framework; (d) formulating and updating the components of a District Development Plan; and (e) providing the data and information the Commission may require. District Development Plans

86. (1) The Commission shall prescribe the format for a District Development Plan. (2) Each proposed District Development Plan shall be submitted through the Regional Co-ordinating Council to the Commission for consideration. (3) The Commission shall (a) determine the compatibility of District Development Plans with national development objectives; and (b) where the District Development Plans are approved incor- porate them into the National Development Plan. (4) A District Assembly shall not make modifications to an approved District Development Plan without the prior approval of the Commission. Preparation of Sub-District and Local Action Plans

87. (1) A District Planning Authority shall prepare or direct the prepa- ration of a Sub-District or Local Action Plan that may be required for the implementation of an approved District Development Plan unless the Commission otherwise determines. 51 Act 936 Local Governance Act, 2016 (2) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall prepare the Sub-District Plan or Local Action Plan in accordance with (a) the approved District Development Plan; (b) development guidelines of the District Planning Authority; and (c) any other guidelines that may be prescribed by the Com- mission. (3) A Sub-District Plan or Local Action Plan is subject to the approval of the District Planning Authority. (4) Despite subsection (3), the Commission may call for the plans made under subsections (1) and (2) for consideration and may modify the plans as it considers appropriate. Public hearing of District Development Plans, Sub-District and Local Action Plans

88. (1) A District Planning Authority shall conduct a public hearing on a proposed District Development Plan and shall consider the views expressed at the hearing before the adoption of the proposed District Development Plan. (2) The Heads of Departments of a District Assembly and other sectors shall attend and participate in a public hearing in respect of a District Development Plan. (3) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall conduct a public hearing before the adoption of the proposed Sub-District Plan or Local Action Plan. (4) A District Planning Authority shall attach a report on the outcome of a public hearing to the proposed District Development Plan. (5) The Commission may, by legislative instrument, prescribe the manner in which the public hearing shall be conducted. Grievance procedure

89. A person who is aggrieved by a matter related to the performance of a function of a District Planning Authority may seek redress in accor- dance with the grievance procedure as prescribed by the Commission. 52 Local Governance Act, 2016 Act 936 Land Use and Spatial Planning Application of sections 91 to 107

90. Sections 91 to 107 of this Act shall apply to the extent that they are not inconsistent with the Land Use and Spatial Planning Act, 2016, (Act 925). Permit to carry out physical development

91. (1) A person shall not carry out a physical development in a district except with the prior written approval in the form of a written permit issued by the District Planning Authority. (2) A District Planning Authority may approve an application referred to in subsection (1), before the adoption of an approved District Development Plan for the district. (3) A District Planning Authority shall consult public agencies and local communities as may be prescribed by Regulations issued by the Minister in the determination of an application for a permit to develop prior to the adoption of an approved District Development Plan. Development charges

92. (1) A District Planning Authority may levy a development charge in respect of a permit to carry out a physical development. (2) Development charges shall be utilised for the provision of infrastructure and services. (3) Development charges shall be rated by, payable to and collected by the District Planning Authority to the exclusion of any other body, except in the case of land estates where other specific bodies take respon- sibility to provide infrastructure and services. Development permit to be conditional or unconditional

93. (1) A District Planning Authority may issue a permit for physical development with conditions or without conditions. (2) Where a District Planning Authority refuses to issue a permit, or issues a permit with conditions, that District Planning Authority shall provide reasons in writing in each case. (3) A District Planning Authority may revoke a permit to develop or impose additional conditions in respect of a permit already issued. (4) Where a District Planning Authority makes a decision under subsection (3), the District Planning Authority shall, subject to the receipt of a claim, pay compensation as it may determine to the affected person. 53 Act 936 Local Governance Act, 2016 (5) The following activities and any other action, programme or project shall not require prior written approval from a District Planning Authority unless the proposed activity obstructs or interferes with a community right of space: (a) subsistence farming; (b) farming in any settlement that comprises a population of not more than five thousand; and (c) small-scale vegetable and flower gardening. (6) Despite subsection (1), members of the community may regu- late activities specified in that subsection. Enforcement in respect of unauthorised development

94. (1) Where (a) a physical development has been carried out without a permit or is being carried out without a permit, or (b) conditions incorporated in a permit are not complied with, a District Planning Authority shall give written notice in the form that shall be prescribed by Regulations, to the owner of the land to require that owner on or before a date specified in the notice to show cause in writing addressed to the District Planning Authority why the unauthorised physical development should not be prohibited, altered, abated, recov- ered or demolished. (2) If the owner of the land fails to show sufficient cause why the development should not be prohibited, altered, abated, removed or demolished, the District Planning Authority may carry out the prohibi- tion, abatement, alteration, removal or demolition and recover any expenses incurred from the owner of the land as if it were a debt due to the District Planning Authority. (3) A District Planning Authority may issue an enforcement notice that demands the immediate stoppage of work that is being carried out contrary to this Act or the terms of an approved develop- ment plan. (4) A person who fails to comply with a notice to stop work commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to an additional fine of not more 54 Local Governance Act, 2016 Act 936 than four penalty units for each day that the contravention continues, after written notice has been served on the offender. Enforcement in respect of execution of district plans

95. (1) A District Planning Authority may, (a) prohibit, abate, alter, remove or demolish a physical devel- opment that does not conform to an approved District Development Plan; (b) abate, alter, remove, or demolish a physical development for the implementation of an approved District Develop- ment Plan; (c) prohibit the use of any land or building for a purpose or in a manner that is contrary to an approved District Develop- ment Plan; or (d) execute any work a person is expected to carry out under an approved District Development Plan, where a delay in the execution of the work has occurred and the efficient operation of the approved plan has or will be prejudiced. (2) A District Planning Authority shall serve notice in the form prescribed by Regulations on the owner of the land in respect of the action the Authority proposes to take. (3) A notice referred to in subsection (2) shall state the nature of and the grounds upon which the District Planning Authority proposes to take the action. Enforcement against nuisance

96. (1) A District Planning Authority may serve notice on a person to abate a nuisance within a specified time where substantial injury to the environment, amenity, public health or the economy has been caused by the nuisance or is likely to be caused from the action or inaction of that person. (2) The notice shall specify the nuisance and the steps required to be taken to abate the nuisance. (3) If a notice issued by a District Planning Authority is not complied with, that District Planning Authority may carry out the abate- ment and recover the costs from the person who caused the nuisance or the owner of the land where the nuisance is occurring. (4) The costs of the District Planning Authority shall be recovered as if they were a debt owed by the person to the District Planning Authority. 55 Act 936 Local Governance Act, 2016 Enforcement against unauthorised development in respect of community right of space

97. (1) A District Planning Authority may effect or carry out an instant prohibition, abatement, alteration, removal or demolition of any unauthorised development carried out or being carried out that encroaches or will encroach on a community right of space or that inter- feres or may interfere with the use of the space. (2) The action to stop the encroachment on the community right of space shall be without prior notice. Claims for compensation

98. A person (a) whose property is adversely affected by the commencement of an operation for the execution of an approved develop- ment plan, or (b) who, for the purpose of complying with an approved development plan incurs an expense (i) by a subsequent revocation or modification of the District Development Plan, or (ii) by a subsequent revocation or variation of a devel- opment permit issued that person by a District Planning Authority, or (c) who is aggrieved by a decision, action or policy related to an approved District Development Plan or the enforcement of the plan may lodge a claim for redress or compensation with the District Planning Authority within six months after the date of approval of the District Development Plan, or the revocation or variation of a permit or of the taking of the decision or action complained of. Appeals Advisory Committees

99. (1) A Regional Minister shall appoint an Appeals Advisory Committee that is considered necessary to determine a dispute concerning a District Development Plan. (2) An Appeals Advisory Committee shall consist of (a) one lawyer of at least five years standing at the Bar; (b) one person with expert knowledge of the subject matter of the appeal; and 56 Local Governance Act, 2016 Act 936 (c) one person with local knowledge of the subject matter of the appeal. (3) The convenor of an Appeals Advisory Committee shall be appointed by the Regional Minister. (4) The membership of an Appeals Advisory Committee shall terminate on the determination of an appeal referred to the Committee for advice. Functions of Appeals Advisory Committee

100. (1) The Appeals Advisory Committee shall advise the Regional Minister on the relief or redress sought or on the amount of compensation payable in respect of an appeal referred to it by the Regional Minister. (2) A recommendation by the Appeals Advisory Committee for the settlement of a claim or payment of compensation in respect of land and immovable property shall be made in consultation with the Valuation Division of the Lands Commission. Appeals

101. A person aggrieved by a decision or the action of a District Planning Authority in connection with a District Development Plan, may appeal to the Regional Minister who shall refer the appeal to the Appeals Advisory Committee within one month after receipt of the notice of the decision or action. Recovery of betterment

102. (1) A District Planning Authority shall recover from a person whose land is increased in value, a determinable percentage of the amount of the increase where that person sells or otherwise disposes of the land. (2) The determinable percentage shall be payable where the provision of a plan or the execution of public works or a decision or action of a District Planning Authority increases the value of land within the district. (3) The District Planning Authority shall act on the advice of the Valuation Division of the Lands Commission. (4) A financial gain on urban land transaction shall be liable to betterment charges. (5) A sum recoverable under this section may be set off against a claim of compensation. 57 Act 936 Local Governance Act, 2016 (6) A District Planning Authority shall utilise a recovered amount under this section for the provision of infrastructure and utility services. Non-conforming land allocations and transactions

103. (1) An allocation of land shall be null and void if the purpose or use for which the allocation is made is contrary to an approved Develop- ment Plan. (2) A landowner shall not sub-divide or allocate land for use, development or occupation in a town, city or the suburb of a town or city or in an area where there is an approved planning scheme except in consultation with the District Planning Authority or a sub-district acting on behalf of the District Planning Authority. (3) A person who allocates, transfers, sells or develops land for a use or a purpose that is contrary to an approved development plan, settle- ment structure plan, action plan or programme, commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment. (4) A District Planning Authority may revise an approved Development Plan in order to accommodate a proposed non-conforming allocation if it is satisfied that the accommodation or revision is in the public interest. Buildings Building by-laws

104. (1) A District Planning Authority may make building by-laws within the scope of national building requirements provided under an enactment and shall in particular make provision for (a) the control of the construction of buildings, streets, hoardings, fences and signboards; (b) the execution of work in relation to existing buildings, structures and streets; (c) drainage and sanitation; (d) the removal or abatement of obstructions and nuisance; and (e) any other matters referred to the District Planning Authority for guidance, as set out in the Fifth Schedule. (2) The by-laws may be made with respect to the district generally or with respect to a particular area, building or work in the district. 58 Local Governance Act, 2016 Act 936 National building regulations

105. The Minister responsible for Works and Housing may, in consultation with the Minister responsible for the Environment, by legis- lative instrument, prescribe national building regulations to be complied with by a District Planning Authority in the making of a by-law for the district. Building permits and unauthorised buildings

106. (1) A person shall obtain a building permit from a District Planning Authority before undertaking the construction of a building or other structure or undertaking any other work. (2) The permit shall contain the conditions that the District Planning Authority considers necessary. (3) A District Planning Authority may give notice in writing in the form set out in the Sixth Schedule, to an owner, occupier or developer of premises, if the owner, occupier or developer (a) is constructing a building or other structure; (b) has constructed a building or other structure; or (c) is working or executing work without a permit or in contravention of a by-law made by the District Assembly. (4) The notice shall require (a) the owner, occupier or developer to show sufficient cause why the building, structure or work should not be removed, altered or demolished on or before the day specified by the District Planning Authority; and (b) a written response by the owner, occupier, developer or duly authorised agent to be served on the District Planning Authority. (5) If the owner, occupier or developer fails to show sufficient cause why the building, structure or other work should not be removed, altered or demolished, the District Planning Authority shall by notice order the owner, occupier or developer within one month to remove, alter or demolish the building, structure or other work at a personal cost. (6) If the owner, occupier or developer fails to comply with the order of the District Planning Authority within the one month, the District Planning Authority may carry out the removal, alteration or demolition and shall be entitled to recover the expense incurred by the District Assembly from the owner, occupier or developer as a debt owed to the District Assembly. 59 Act 936 Local Governance Act, 2016 (7) A person who contravenes the terms of a permit, commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to a fine of not more than four penalty units for each day that the contravention continues after written notice of the contravention has been served on the offender. Signing of plans of special building

107. (1) A District Assembly shall by by-law specify which buildings plans are required to be prepared by or under a registered architect or engineer or an architectural draughtsman licenced under an enactment and shall specify the types of buildings or special areas of a district for the designed plans. (2) There shall be no restriction as to the person to design or sign the plan of a single-storey traditional building characteristic of a rural area or part of an urban area. (3) A person shall not submit the plan of a building which may be required to be submitted under sub-section (1) unless the plan has been prepared by or under the supervision of and signed by a person registered as an architect or an engineer under any enactment in force to a District Planning Authority. Delegation of functions

108. A District Planning Authority may delegate any of its functions on land use and spatial planning to a Sub-Metropolitan District Council, Urban Council, Zonal Council, Town or Area Council or Unit Com- mittee in writing. Request for information

109. (1) A District Planning Authority may request a person to furnish it with information required for the performance of its functions within a specified time. (2) A person who without lawful excuse fails to comply with a request for information or furnishes information that that person knows to be false, commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than one hundred penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment. 60 Local Governance Act, 2016 Act 936 Power of entry

110. (1) An authorised officer of a District Planning Authority may enter land or a building in a district to carry out an inspection, survey, study, examination or investigation for a District Planning Authority. (2) The authorised officer of the District Planning Authority shall give reasonable notice to the owner or occupier of the land or building before exercising a power of entry. Immunity of officers from liability

111. An employee of a District Assembly or a person acting under the direction or authority of a District Assembly shall not be personally liable for an act done in good faith in the performance of a function or the execution of a duty concerned with the planning functions of a District Assembly. PART FOUR – EMERGENCY RELIEF BY DISTRICT ASSEMBLIES Provision of Emergency, Disaster Prevention and Relief Services Emergency and disaster relief services

112. A District Assembly may provide emergency, disaster prevention and relief services in addition to any powers conferred by another enactment. District Assemblies to prepare response plans to make by-laws for emergency, disaster prevention and relief services

113. (1) A District Assembly shall prepare a response plan and make by-laws where necessary for emergency, disaster prevention and the provision of relief services for its area of authority. (2) The response plan and by-laws shall include mitigation, preparedness, response, and recovery measures. Coordination of emergency, disaster prevention and relief service measures

114. A District Assembly shall co-ordinate the activities of the Services, Organisations and Departments referred to as designated agencies and listed in the Seventh Schedule, in the implementation of response plans and by-laws. Performance of emergency, disaster prevention and relief services functions

115. The designated agencies shall do what is reasonably necessary in a district to deal with an emergency, prevent a disaster or provide relief services. 61 Act 936 Local Governance Act, 2016 Provision of fire services

116. A District Assembly shall exercise the powers in sections 112 to 115 where the emergency relates to the provision of fire services. Power of entry of premises in case of fire

117. (1) A designated agency may, without the consent of the occupier (a) enter and if necessary, break into any premises or place in which a fire has broken out or is believed to have broken out, to extinguish or deal with the fire; (b) do any act on the premises or place that may be necessary to extinguish or deal with the fire; (c) enter any land or premises (i) to secure the use of water under the control of any person; (ii) to improve access to the water; and (iii) to lay or maintain pipes and carry out other works in connection with the use of the water. (2) The designated agency shall give reasonable notice to the occupier whenever practicable before proceeding to exercise any of the powers to enter land or premises for purposes of managing a fire. Control of traffic

118. A designated agency may close any street to traffic or stop or regulate the traffic in any street whenever it is reasonably necessary to deal with an outbreak of fire or an emergency situation. Penalty for obstruction

119. A person who wilfully obstructs or interferes with the functions of a designated agency in relation to an emergency, disaster prevention and relief services or the provision of fire services, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to a further fine of not more than one penalty unit for each day on which the offence continues. 62 Local Governance Act, 2016 Act 936 Penalty for false alarms

120. A person who knowingly or without lawful authority gives or causes to be given a false alarm of fire, commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty- five penalty units and not more than one hundred and fifty penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment. Enquiries by Committee into origin of fire

121. (1) A District Assembly may appoint a committee to enquire into the origin of a fire within its area of authority. (2)The committee shall have the powers of a District Court when holding an enquiry under this section. (3) The Attorney-General, Inspector-General of Police or any person authorised by the Attorney-General or the Inspector-General of Police or an interested person who has the permission of the Committee, may attend the enquiry to examine or cross-examine a witness or request that a witness be examined. (4) Any enactment for the time being in force related to witnesses in a trial before the District Court shall apply to witnesses at the enquiry. (5) The committee shall record its findings stating its reasons for the findings after the conclusion of an enquiry under this section. (6) The committee shall submit a report of its findings that includes the award of compensation if any and by whom payable, to the District Assembly. (7) A person aggrieved by a decision of the Committee may appeal to the District Assembly to review the decision of the Committee. PART FIVE – FINANCIAL MATTERS OF DISTRICT ASSEMBLIES District Budgets District budget

122. The budget for a District Assembly shall comprise (a) the aggregate revenue and expenditure of the Office of the District Assembly, the Departments of the District Assembly; and (b) the budget for the annual development plans and programmes of the Departments of the District Assembly. 63 Act 936 Local Governance Act, 2016 Submission of budget estimates

123. (1) Each District Assembly is responsible for the preparation, administration and control of the budgetary allocation of the Office of the District Assembly and the Departments of the District Assembly. (2) Each District Assembly shall before the end of each financial year, submit to the Regional Co-ordinating Councils, the detailed budget for the respective district that states the estimated revenue and expenditure of the District Assembly for the ensuing year. (3) The Regional Co-ordinating Council shall collate and co- ordinate the budgets for the districts in the region and shall submit same to the Minister responsible for Finance. Revenue of District Assemblies Revenue of District Assemblies

124. (1) The revenues of a District Assembly comprise (a) decentralised transfers; (b) internally generated funds; and (c) donations and grants. (2) Decentralised transfers comprise funds from the following revenue sources: (a) the District Assemblies Common Fund; (b) grants-in-aid from the central government; and (c) any other revenue transferred from the central Government to the District Assembly. (3) Internally generated funds comprise funds from the following sources: (a) licences; (b) fees and miscellaneous charges; (c) taxes; (d) investment income; and (e) rates (4) A District Assembly shall open and maintain a bank account for revenues and other moneys raised or received by it. (5) A District Assembly may borrow to finance projects in accordance with relevant laws. 64 Local Governance Act, 2016 Act 936 (6) For the purposes of this section “grants” means donations being funds paid directly to a District Assembly by a development partner. District Assemblies Common Fund Establishment of the District Assemblies Common Fund

125. (1) In accordance with Article 252 of the Constitution there shall be a Fund to be known as the District Assemblies Common Fund. (2) The District Assemblies Common Fund consists of (a) moneys allocated by Parliament; and (b) any interests and dividends that accrue from the investments of moneys from the Common Fund. (2) The allocation made by Parliament shall be paid into the Common Fund in quarterly instalments. (3) The moneys that accrue to the Common Fund shall be distributed among the District Assemblies on the basis of a formula approved by Parliament. (4) The Administrator of the Common Fund shall submit proposals for the formula to Parliament for consideration within three months after the end of each financial year. Parliament to make allocations to District Assemblies for development

126. (1) Parliament shall annually allocate not less than five per cent of the total revenue of the country to the District Assemblies for develop- ment. (2) The total revenues of the country includes the revenues collected by or accruing to the central Government other than foreign loans and foreign grants, non-tax revenue, petroleum revenue paid into the Petroleum Holding Fund under section 3 of the Petroleum Revenue Management Act, 2011 (Act 815) and revenues already collected by or for District Assemblies under any enactment. (3) The Minister shall, in consultation with the Minister respon- sible for Finance, determine the category of expenditure of the approved development budget of District Assemblies that must in each year be met out of amounts received by the District Assemblies from the District Assemblies Common Fund. 65 Act 936 Local Governance Act, 2016 Appointment of District Assemblies Common Fund Administrator

127. (1) The President shall, acting in consultation with the Council of State and with the approval of Parliament appoint a District Assem- blies Common Fund Administrator. (2) The Administrator shall hold office for four years and is eligible for re-appointment. (3) The salary and allowances payable and the facilities and privileges available to the Administrator shall be determined by the President in accordance with clause (1) of article 71 of the Constitution. Vacancy and removal of the Administrator

128. (1) The office of the Administrator becomes vacant where the Administrator (a) resigns from office in writing addressed to the President; (b) is removed from office; or (c) dies. (2) The President acting inconsultation with the Council of State may remove the Administrator from office for a just cause. Functions of the Administrator

129. The Administrator shall (a) propose a formula annually for the distribution of the Common Fund for approval by Parliament; (b) administer and distribute moneys paid into the Common Fund among the District Assemblies in accordance with the formula approved by Parliament; (c) report in writing to Parliament on how allocations made from the Common Fund to the District Assemblies have been utilised by the District Assemblies; and (d) perform any other functions that may be directed by the President. Investment of moneys in the Common Fund

130. (1) The Administrator may invest the moneys in the Common Fund in securities pending the distribution of moneys in the Common Fund. (2) The Administrator shall report to Parliament on investment made under subsection (1). 66 Local Governance Act, 2016 Act 936 Staff of the Common Fund

131. (1) There shall be appointed by the President for the Common Fund, such staff as may be required for the effective performance of the functions of the Office. (2) The Staff of the Common Fund shall be public officers. (3) The President may delegate his powers under this section to the Administrator. Expenses of the Common Fund

132. (1) The expenses incurred by the Common Fund shall be a charge on the Common Fund as approved by Parliament. (2) Charges including bank charges on transfers and charges on interest shall be charged on the Common Fund. (3) For the purposes of this section, “expenses” include salaries and allowances. Accounts and audit

133. (1) The Administrator shall keep books of account and proper records in relation to the accounts of the Common Fund in the form approved by the Auditor-General. (2) The Administrator shall submit the accounts of the Common Fund to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall, not later than three months after the end of the financial year, audit the accounts and forward a copy of the audit report to Parliament. Annual report

134. (1) The Administrator shall, within one month after the receipt of the audit report, submit an annual report to Parliament covering the activities and the operations of the Fund for the year to which the report relates. (2) The annual report shall include the report of the Auditor- General and shall include the manner in which the Administrator has distributed the moneys lodged in the Common Fund. Complaints

135. Any person or District Assembly dissatisfied with the performance of the functions of the Administrator may submit a complaint to the Commission on Human Rights and Administrative Justice. 67 Act 936 Local Governance Act, 2016 Grants-in-aid and other decentralised transfers

136. Nothing shall prohibit the Government or any other body from making grants in-aid or transferring other resources to a District Assembly. Licences Charges for licences

137. (1) A District Assembly may charge fees for a licence issued by or on behalf of the District Assembly, subject to guidelines in respect of the charging of fees for licences, as may be prescribed by the Minister. (2) Despite the provisions of any enactment to the contrary, any revenue from licences issued to the economic operators listed in the Eighth Schedule shall be collected exclusively by or for a District Assembly. Licensing of vehicles

138. (1) The owner or a person in possession of a vehicle of a type mentioned in the Ninth Schedule used within a district shall obtain a licence for the vehicle from the District Assembly and pay the fee required by the by-law. (2) A vehicle for which a licence is issued shall have affixed on it the number plate assigned to the vehicle by a District Assembly. (3) A licence shall not be issued by the District Assembly for a vehicle which the District Assembly is satisfied is in a condition that may endanger a person or property or cause unnecessary suffering to an animal drawing it. (4) The owner or person in charge of a vehicle who fails to affix or keep affixed a number plate issued by the District Assembly, commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units and to a further fine of one penalty unit for each day that the offence continues. Entertainment licences

139. A person shall not undertake or do any of the acts or things specified in the Tenth Schedule within a district unless the person has obtained a licence from the District Assembly for that purpose and paid the fee specified in the by-law. Provisions as to licences generally

140. (1) A licence from a District Assembly may be issued subject to conditions specified in a by-law or, where there is no provision in a by- law, conditions that the District Assembly may consider fit. (2) Any condition stipulated in a by-law or by a District Assembly shall be endorsed in detail or by reference on the licence. 68 Local Governance Act, 2016 Act 936 (3) A person required to hold a licence referred to in subsection (1) who fails to produce the licence for inspection on reasonable demand by any police officer or an authorised officer, commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than one hundred penalty units or to a term of imprison- ment of not less than one month and not more than three months or to both the fine and term of imprisonment. (4) A person who (a) does anything for which a licence is required; or (b) being the holder of a licence from the District Assembly, contravenes any of the conditions contained in the licence commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment. (5) A person who lets out, hires, lends or borrows a licence or who does not hold a valid licence but produces, exhibits or uses a licence, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment. (6) A District Assembly may revoke a licence where a person (a) has been convicted of an offence for not having a licence when required; (b) contravenes the condition of a licence; (c) lends or borrows a licence; or (d) does not hold a licence but produces, exhibits or uses a licence. Fees and Miscellaneous Charges Power to charge fees

141. (1) A District Assembly may charge fees for any service or facility provided by that District Assembly or for any permit issued by or on behalf of the District Assembly subject to guidelines on fee charging prescribed by the Minister. (2) Despite the provisions of any enactment to the contrary (a) non-tax revenue collected by a department of a District Assembly shall be retained by that District Assembly and be used for the performance of the function s of that department; and 69 Act 936 Local Governance Act, 2016 (b) revenue from levies and fees charged in respect of activities listed in the Eleventh Schedule shall be collected exclusively by or for the District Assembly. Taxes and other Revenues Taxes

142. (1) A District Assembly shall collect the taxes chargeable on the income of the income earners listed in the Twelfth Schedule. (2) The Minister may, in consultation with the Minister respon- sible for Finance and subject to the terms and conditions agreed upon with an appropriate public body, authorise that the public body collect taxes imposed on the income earners specified in the Twelfth Schedule on behalf of the District Assembly. Investment income

143. (1) A District Assembly may in consultation with the Minister responsible for Finance invest any portion of moneys of the District Assembly in safe securities other than Government treasury bills. (2) Income from the investment made under subsection (1) shall constitute part of the revenue of the Assembly. Rates Rating authority

144. A District Assembly shall be the only authority to levy rates for a district despite any customary law to the contrary. Duty to levy sufficient rates

145. (1) A District Assembly shall levy sufficient rates to provide for the total estimated expenditure to be incurred by the District Assembly during the period in respect of which the rate is levied. (2) A District Assembly may levy rates for an additional amount required to cover expenditure previously incurred by the District Assembly to meet contingencies or to defray any expenditure which needs to be defrayed. (3) The additional rates may be made and levied before the date on which payment is received in respect of the immediate rates. Method of rating

146. (1) A District Assembly shall levy general or special rates for the amount considered necessary to raise sufficient funds to meet expendi- ture. 70 Local Governance Act, 2016 Act 936 (2) A general rate may be (a) a rate payable by the owner of premises within the district on the rateable value of the premises; or (b) a rate assessed on the possessions or any category of possessions of persons who reside within the district. (3) A special rate may be (a) a basic amount payable by any person of the age of eigh- teen years and above, but below the age of seventy years who resides within the area ;or (b) an amount imposed on an owner of movable or immovable property in the area, but a District Assembly in fixing the basic rate, shall consult with district level stakeholders in the district. (4) A basic rate shall be sufficient at least to cover the cost of collection. (5) A person registered as a voter in a district may be required to pay rates imposed by the District Assembly for that district even if the person has not resided in the district. (6) A general or special rate imposed on immovable property under this section shall be at a specified rate per Ghana Cedi on the rate- able value of the property but the amount per Ghana Cedi shall vary as between specified areas of the district, except that within a mixed devel- opment area, the amount per Ghana Cedi on rateable value shall vary in respect of property used for different purposes. (7) Subject to the exemptions from and remission of rates, rateable premises shall be premises that comprise buildings, structures or similar development. (8) The Minister shall in consultation with the Minister respon- sible for valuation cause to be determined by the Lands Commission or by a valuer appointed by the Lands Commission, the rateable value of premises and may cause a valuation list to be prepared for each district. (9) The rateable value of premises shall be the replacement cost of the buildings, structures and other structural development that comprises the premises after the deduction of the amount it would cost at the time of valuation to restore the premises to a condition in which they would be as serviceable as they were when new. (10) The rateable value shall not be (a) more than fifty per cent of the replacement cost for the premises that are owner-occupied; and 71 Act 936 Local Governance Act, 2016 (b) not be less than seventy-five per cent of the replacement cost in any other case. (11) The Minister may, by legislative instrument, prescribe either generally or in respect of any particular district, a basis for the assessment of rateable value of premises. (12) The rateable value prescribed by the Minister shall not apply where the Minister causes the Lands Commission to determine the rateable value and where the rateable value of the building is the re- placement cost. Levying of rate

147. A rate shall be deemed to have been levied by the publication of a notice in the manner prescribed by Regulations made by a resolution of the rating authority. Date and place of payment of rate

148. When a rating authority has given notice of a rate, a person liable to pay the rate, shall pay the amount to a rate collector or other person duly appointed or authorised by the District Assembly concerned to col- lect and receive the rate at the time and place specified by the rating au- thority. Exemptions from and remission of rates

149. (1) The following tenements are exempted from assessment and rating: (a) premises appropriated exclusively for the purpose of public worship and registered with the District Assembly; (b) cemeteries and burial grounds registered by the District Assembly; (c) charitable or public educational institutions registered with the District Assembly; (d) premises used as public hospitals and clinics; and (e) premises owned by diplomatic missions approved by the Minister responsible for Foreign Affairs. (2) The following persons are exempted from the payment of basic rate: (a) persons who are in attendance at an educational institu- tion who do not receive any remuneration or income during that period, other than an allowance, loan or other grant 72 Local Governance Act, 2016 Act 936 provided for purposes of education including any sum received by a person in respect of temporary employment undertaken by the person during vacation from an educa- tional institution; and (b) persons who are more than seventy years old. (3) The rating authority may reduce or remit payment of any rate on account of the poverty of a person liable to pay the rate. (4) A person who has paid the amount of the rate payable in respect of premises that have been demolished or removed during any financial year, may apply to a rating authority to be refunded a propor- tion of the amount paid that the rating authority considers reasonable having regard to the circumstance except that where the demolition or removal is by order of the District Assembly or a court, a refund shall not be made unless the owner of the premises has given notice in writing to the District Chief Executive within fourteen days after the demolition or removal. Minister to issue guidelines

150. The Minister may issue guidelines for the levying of rates. Claim for amount of rate

151. (1) A claim for the amount of any rate payable shall have priority over any other claim against the person liable to pay the rate, except claims by the Government, unless specifically provided in any other law. (2) A District Assembly concerned, may recover any rate payable together with appropriate penalties as a civil debt with costs or may prosecute a defaulting ratepayer for wilful default to pay rates together with appropriate penalties where a person fails to pay the rate due on or before the date on which it is payable. (3) In proceedings to recover a rate levied, the rate books and other records of the District Assembly concerned and any certified copies of entries purporting to be made in them signed by the District Chief Executive and sealed with the seal of the Ditrict Assembly shall be evidence at first instance of the rate and of the matters stated in them. Rates on immovable property to be a charge on premises

152. The amount of a general or special rate due in respect of any premises shall, until paid, be a charge on the premises and that charge shall have priority over any other claims against the premises except claims of the Government. 73 Act 936 Local Governance Act, 2016 Rate Assessment Committee

153. (1) There shall be a Rate Assessment Committee for each district appointed by the Regional Minister on the recommendation of the District Assembly concerned. (2) The Rate Assessment Committee shall consist of a chairperson and four other persons. (3) A person aggrieved by a valuation of the Lands Commis- sion in respect of the rateable value of premises or by a rate imposed on the premises by a rating authority may apply for a review to the Rate Assessment Committee. (4) The Rate Assessment Committee shall notify the rating authority of its decision. (5) A person or rating authority aggrieved by a decision of a Rate Assessment Committee may appeal to the High Court. Notice where general or special rate not paid

154. (1) A District Assembly shall cause to be affixed on a conspicuous part of the premises a notice to the effect that if the amount of general or special rate payable in respect of premises is not paid within forty-two days after the date of the notice, proceedings will be taken for the sale of the premises to defray the amount if the rate is not paid within ten days after the date it is due, except if the aggrieved person has applied to the Rate Assessment Committee or appealed its decision to the High Court. (2) Where a person who claims to be the owner of an assessed premises has given notice in writing to the District Assembly of the person’s name and postal address, a notice shall not be affixed on the premises, until a written demand for payment of the rate due has been sent by registered letter by the District Assembly to the person and the person has defaulted for one month after the date of posting of the registered letter. Notice of mortgage in respect of rateable premises

155. (1) Where a person who has a registered mortgage on assessed premises has given the District Assembly notice in writing of the mortgage, a notice shall not be affixed on the mortgaged premises in respect of default in the payment of a general or special rate until a written demand for payment of the rate due on the premises has been sent by registered 74 Local Governance Act, 2016 Act 936 letter by the District Assembly to the mortgagee and default has been made for one month after the date of posting of the registered letter. (2) The notice by the District Assembly shall contain the particulars of the mortgaged premises that are necessary to identify the premises and shall state the date and place of registration, the volume and page of the Land Register Book in which the mortgage is registered and the postal address of the mortgagee. Proceedings in case of non-payment of rates

156. (1) If the amount of the general or special rate due in respect of any premises is not paid within a period of forty-two days, the District Assembly may apply to a court for an order for the sale of the premises. (2) The court shall order the premises to be sold to defray the amount of the rate due if satisfied that the notice for the amount payable has not been complied with and that the amount of the rate due in respect of the premises has not been paid. (3) The court shall make this determination after hearing a rep- resentative of the District Assembly and any other person and considering any evidence produced. (4) Premises ordered to be sold to defray the amount of the rate due shall be sold under the direction of the person authorised by the court. (5) If at any time during proceedings but before the sale of the premises, payment of expenses properly incurred and the amount of the rate due is made, further proceedings shall cease. (6) The court shall grant a certificate to the purchaser confirm- ing the sale if the defaulter does not pay the rates and the premises are sold. Agreement between landlord and tenant

157. An agreement between a landlord and tenant shall not derogate from any obligation with respect to the enforcement of rate by a District Assembly. Penalty for refusal to pay rates and wilful misrepresentation

158. (1) A person who without lawful justification or excuse, the proof of which lies on that person, refuses or wilfully neglects to pay any basic rate payable by that person on or after the date on which the rate is 75 Act 936 Local Governance Act, 2016 payable, commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprison- ment of not more than one month or to both the fine and term of imprisonment. (2) A person who makes a false statement as regards the liability of that person, to pay rates, commits an offence and is liable on sum- mary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of imprisonment. Penalty for inciting a person not to pay rates

159. A person who incites any other person to refuse to pay any rate payable by that person or who assists a person to make a false statement as to the liability of the person to pay rates without lawful justification or excuse, the proof of which shall be on that person, commits an offence and is liable on summary conviction to a fine of not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of imprisonment. Penalty for unauthorised collection of rates

160. A person who has not been authorised by a District Assembly and who collects or attempts to collect any rate commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty-five penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both the fine and term of imprisonment. Rate payers and rate collectors

161. (1) Each District Assembly shall prepare and maintain proper records of rateable persons and tenements in its district. (2) A District Assembly may, in writing, authorise any suitable person, to be a rate collector in respect of a specified area of a district. (3) A rate collector shall (a) furnish the District Assembly concerned with a written nominal roll of every rateable person in the area in respect of which the rate collector has been authorised to collect rates; (b) collect and receive rates payable from each person liable for the payment of rates in the area; (c) pay the amounts collected to the District Assembly concerned; and 76 Local Governance Act, 2016 Act 936 (d) report any person who has failed to pay the amount due to the District Assembly concerned. Penalty in respect of offences by rate collectors

162. A rate collector who (a) fails to deposit with the District Assembly concerned any sum of money collected as rates, (b) knowingly demands from any person an amount in excess of the duly assessed rates, (b) renders false returns, whether orally or in writing, or (c) wilfully fails to carry out a duty imposed as a rate collector commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty-five penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both the fine and term of imprisonment without limiting liability for civil action by the District Assembly to recover what is due from the rate collector. Proceedings for rates

163. Proceedings to enforce the payment of rates or for the imposi- tion of penalties for non payment of rate shall not limit the right of any other person or authority to institute criminal proceedings taken by the District Assembly responsible for the collection of the rates. Payment of rates by public boards and institutions and Government

164. (1) Every public agency is liable to pay rates in respect of immovable property owned by it unless exempted from assessment and rating by law. (2) Where the Government would have been liable to pay rates to a rating authority in respect of premises it owns if it were a private person, the Government shall pay to the Minister, instead of the rates, the sums that may be agreed between the Government and the Minister. (3) The Minister shall distribute the amount paid to the rating authority in proportion to the value of government properties in the district. Employers to deduct rates from employees’ remuneration

165. (1) Every employer shall deduct a general or special rate imposed by a rating authority from the remuneration of each employee employed in the district of the rating authority and it shall be the duty of the employee to notify or remind the employer in writing when the deductions become due. 77 Act 936 Local Governance Act, 2016 (2) The deductions shall be made from (a) the first instalment of the remuneration due to be paid to the employee after the publication of the notice of the rate; (b) any subsequent instalment as the Minister may direct; or (c) the instalments as may be prescribed by the Regulations. (3) Any sums deducted from the remuneration of an employee shall be held by the employer on behalf of the rating authority and shall be paid by the employer to that rating authority within thirty days after the deduction is made. (4) This section applies to (a) an employee who resides in the district; (b) an employee who to the knowledge of the employer, owns immovable property situated within the area to which the rate relates; (c) an employee in respect of whom a rating authority has notified the employer in writing in connection with any rate imposed by that authority (i) that the employee resides in the district; (ii) that the employee owns immovable property within the area to which the rate relates; or (iii) that the employee is a person required to pay by virtue of being a registered voter in that district despite the fact that the person does not reside in the district. (5) An employer who fails to pay the amount of general or special rate deducted from the remuneration of an employee to the rating authority within the time stipulated, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprison- ment of not less than three months and not more than six months or to both the fine and term of imprisonment. Rating authority to appoint agent for collection of rates

166. (1) Subject to section 161 on rate collectors, a rating authority may appoint a person by notice in writing to be the agent for the rating authority for the collection of specified basic rate payable by a person or persons of a class. 78 Local Governance Act, 2016 Act 936 (2) The appointed person shall (a) deduct the rate specified in the notice; and (b) hold the sums deducted on behalf of the rating authority and pay the moneys to the rating authority within fifteen days after the day on which the agent was appointed by notice from the day on which the notice was served on that person. Set-off and refund

167. A person is entitled to set off or refund for any sum paid as rates by that person to a rating authority in respect of a deduction from remu- neration by an employer or paid to an agent of a rating authority. Penalty

168. (1) A person who contravenes section 165 or section 166 commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment. (2) A rating authority may proceed against an employer required to deduct and pay any rate to a rating authority or a person appointed as agent for the collection of any rates for an amount of rate as if the person was originally liable to pay the rate. (3) The employer or agent shall be indemnified in respect of any act done in accordance with section 165 or section 166. Duty to give information and inspection of premises in respect of rates

169. (1) A rating authority, rate collector, Rate Assessment Committee or any person authorised in writing by the rating authority, may request information from any person that may be reasonably required for the assessment or collection of rates. (2) A person authorised in writing by a rating authority may on the production of written authority from a rating authority to enter any premises and request the production of books in the premises for inspec- tion and may interview any person present on the premises that may be reasonably necessary at any reasonable time, (a) verify the accuracy of any information supplied; or (b) ensure that an employer has been deducting rates from the remuneration of employees. (3) A person who (a) fails to supply information requested without reasonable excuse the proof of which shall be on that person, 79 Act 936 Local Governance Act, 2016 (b) supplies information on request that that person knows to be false or which the person has no reasonable grounds to believe to be true, or (c) wilfully obstructs any authorised person in the perform- ance of functions under this section commits an offence and is liable on summary conviction to a fine of not less than one hundred and not more than two hundred penalty units or to a term of imprisonment for a term of not less than two months and not more than six months or to both the fine and term of imprisonment. Expenditure of District Assemblies Expenditure

170. (1) A District Assembly may incur any expenditure necessary for or incidental to the carrying out of a function conferred on the District Assembly under this Act, or by the Instrument which established that District Assembly, but the expenditure shall be included in the approved budget for the District Assembly for the relevant year. (2) For the avoidance of doubt, any moneys received by a District Assembly from the Common Fund shall be expended only on projects that form part of the approved development plan for the district. Writing off of irrecoverable arrears of revenue

171. (1) A District Assembly may write off any sum due and payable to that District Assembly from or by any person for sufficient cause which shall be an irrecoverable debt in any one year, but this shall not exceed an amount to be determined each year by the Minister. (2) A District Assembly shall inform the Minister in writing of the total sum written off and the reasons for doing so. Other Financial Matters Keeping of accounts and publication of annual statement of accounts

172. (1) Each District Assembly shall keep accounts and proper records in relation to the accounts and shall prepare immediately after the end of each financial year, a statement of its accounts in the form that the Auditor-General may direct. (2) Each District Assembly shall publish at its own office including sub-district offices and in any other manner directed by the Minister, (a) the annual statement of its accounts; and (c) the report on the accounts and statements made by the Auditor-General, 80 Local Governance Act, 2016 Act 936 three months after the end of the financial year to which the accounts relate or the receipt of the Auditor-General’s report. Power of Minister to give financial instructions

173. (1) The Minister may issue written instructions for the improved control and efficient management of the finances of District Assemblies after consultation with the Minister responsible for Finance. (2) The instructions may be issued either generally or with respect to a particular District Assembly and shall be complied with by District Assemblies generally or the District Assembly concerned. Access to records of District Assemblies

174. (1) A person authorised in writing by a sector Minister or the Regional Co-ordinating Council concerned shall, have access to and is entitled to inspect the books, accounts and records of a District Assembly related to the sector at any reasonable time. (2) The person authorised in subsection (1) may advise the District Assembly on the books, account and records and submit reports on them to the Minister responsible for the sector and the Regional Co-ordinating Council. (3) A person who wilfully obstructs an authorised person in the discharge of duties, commits an offence and is liable on summary con- viction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than one month and not more than three months or to both the fine and term of imprisonment and in the case of a continuing offence to a further fine of one penalty unit for each day on which the offence continues after written notice has been served on the offender. PART SIX – AUDIT Internal Audit Internal audit

175. (1) Each District Assembly shall have an Internal Audit Unit. (2) The staff of the Internal Audit Unit are members of the Local Government Service. (3) The Head of the Local Government Service in appointing the staff of the Internal Audit Units of the District Assemblies shall have regard to the standards and procedures determined by the Internal Audit Agency established under the Internal Audit Agency Act, 2003 (Act 658). 81 Act 936 Local Governance Act, 2016 (4) The Head of the Internal Audit Unit of the District Assembly (a) is responsible to the District Assembly; (b) shall, at intervals of three months, prepare a report on the internal audit work carried out by the Unit during the three month period immediately preceding the preparation of the report and submit the report to the Presiding Member of the District Assembly; (c) shall make observations necessary as to the conduct of the financial affairs of the District Assembly during the period to which the report relates; and (d) shall forward a copy of each report prepared by the Unit to the District Chief Executive, the Minister, the Internal Audit Agency, the Regional Co-ordinating Council and the Office of the Head of the Local Government Service. (5) The Audit Report Implementation Committee of a District Assembly is responsible for the implementation of the recommendations of the internal audit reports. External Audit Auditor-General to audit accounts of District Assemblies

176. (1) The Auditor-General or an auditor appointed by the Auditor- General shall, each year, audit the accounts of each District Assembly, together with the books, records, returns and other documents relevant to the accounts and the financial satetment. (2) The Auditor-General shall, each year, submit a report to the Minister, Parliament and the relevant District Assembly on the accounts of the District Assembly, together with the books, records, returns and other documents relevant to the accounts and the annual statement of the accounts. (3) The Auditor-General shall, in the report submitted under sub- section (2), draw attention to any irregularities in the accounts audited. (4) The provisions on audit in a District Assembly shall be subject to any other enactment in relation to the audit of public accounts and the functions of the Auditor-General. (5) The District Assembly shall take the Auditor-General’s report into consideration at its next ordinary meeting or as soon as practicable after that. 82 Local Governance Act, 2016 Act 936 (6) The Audit Report Implementation Committee of a District Assembly is responsible for the implementation of the recommendations of the Auditor-General. Auditor-General may disallow or surcharge

177. (1) The Auditor-General may disallow any item of expenditure which is contrary to this Act and surcharge (a) the amount of any expenditure disallowed on the person responsible for incurring or authorising that expenditure; (b) any sum that has not been duly brought into account on the person by whom the sum ought to have been brought into account; or (c) the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred. (2) A person aggrieved by a disallowance or surcharge made by the Auditor-General may appeal to the High Court not later than thirty days after the Auditor-General has given notice of the disallowance or surcharge. (3) A sum certified by the Auditor-General to be due from any person shall be paid by that person to the District Assembly or other body concerned within thirty days after it has been certified or, if an appeal with respect to that sum has been made within thirty days, after the appeal is finally disposed of or abandoned or fails by reason of non-pros- ecution. Recovery of sums certified to be due

178. (1) A sum which is certified by the Auditor-General to be due and which has become payable shall be recoverable as a civil debt. (2) A certificate signed by the Auditor-General in a proceeding for the recovery of a sum shall be conclusive evidence that the sum certi- fied to be due has been paid and a certificate signed by the designated officer of the District Assembly that the sum certified to be due has been paid after the certificate of the Auditor-General, shall be conclusive evidence of the facts in the certificate. (3) Where proceedings to appeal against the decision of the Auditor-General have commenced, the certificate signed by the Auditor- General shall not be evidence of the facts stated in the certificate unless the decision is confirmed on appeal. 83 Act 936 Local Governance Act, 2016 (4) A certified copy of the finding of the court shall be conclusive evidence of the matter contained in the copy where the decision is varied by the court. (5) A certificate purporting to be signed by the Auditor-General or by the designated officer of the District Assembly concerned shall be deemed to have been signed by the Auditor-General or by the officer, unless the contrary is proved. Suspension pending appeal

179. (1) Where the appellant is a member of the District Assembly, an appeal against a disallowance or surcharge arising out of an audit shall operate as a suspension of the member from attending any meeting of the District Assembly or any committee of the District Assembly. (2) The member shall not take part in the affairs of the District Assembly from the date of the surcharge or disallowance and any person who contravenes this provision commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units. (3) Prosecution under this section shall not be commenced without the consent in writing of the Attorney-General. Application of provisions on audit

180. The provisions on audit shall be applicable in so far as the context admits. PART SEVEN - BY-LAWS By-Laws and Model By-Laws District Assembly to make by-laws

181. (1) A District Assembly may make by-laws for the purpose of any function conferred on that District Assembly by this Act or any other enactment. (2) A District Assembly may (a) specify as penalty for contravention of a by-law, a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units or a term of imprison- ment of not less than six months and not more than twelve months or to both the fine and imprisonment; 84 Local Governance Act, 2016 Act 936 (b) specify a further penalty of not more than one penalty unit in the case of a continuing offence for each day on which the offence is continued after written notice of the offence has been served on the offender; and (c) make provision for the payment of such fees or charges as the District Assembly may consider fit in the by-laws. (3) A by-law made by a District Assembly shall be read and construed subject to this Act and any other enactment. Validity of by-laws

182. (1) Every by-law made by a District Assembly shall be submitted to the Regional Co-ordinating Council. (2) The Regional Co-ordinating Council shall ensure that the by-law is consistent with this Act or any other enactment. (3) Where the Regional Co-ordinating Council (a) rejects the by-law, the Regional Co-ordinating Council shall notify the District Assembly giving reasons for the rejec- tion; or (b) approves the by-law, the Regional Co-ordinating Council shall cause the by-law to be published. (4) A by-law shall not have effect until the by-law has been (a) posted on the premises of the District Assembly concerned and in at least one other public place within the district, and (b) published in a daily newspaper of national circulation or in the Gazette. (5) By-laws may be sold to the public at a price to be determined by the District Assembly. Model by-laws

183. (1) Where the Minister is of the opinion that uniform provision may reasonably be made in respect of a matter for which by-laws may be made, the Minister may, by legislative instrument, make model by-laws in respect of that matter. (2) Where a model by-law is not expressed to apply throughout the country, that model by-law shall (a) apply within the area of authority of the District Assembly that the Minister may specify in the model by-law; and (b) be subject to the modifications or omissions that the Minister may consider expedient. 85 Act 936 Local Governance Act, 2016 (3) Where prior to the enactment of a model by-law, a by-law exists in relation to the subject-matter of the model by-law, that by-law shall to the extent of the provisions of the model by-law, cease to have effect within the area. Copy of by-laws to be deposited at District Assembly Offices

184. A copy of every by-law made by a District Assembly (a) shall be deposited at the office of the District Assembly; and (b) shall, at reasonable times, be open to public inspection without the payment of any fee. Evidence of by-laws

185. (1) A copy of the by-law purporting to be made by a District Assembly shall be evidence in any court as to the making and the content of the by-law if the by-law is (a) endorsed with a certificate which is signed by the Presiding Member and the Secretary to the District Assembly; and (b) sealed with the seal of the District Assembly. (2) An endorsement in subsection (1) shall be to the effect that the by-law is a true copy of the by-law. PART EIGHT – DECENTRALISATION AT THE REGIONAL LEVEL Regional Co-ordinating Councils Establishment of Regional Co-ordinating Councils

186. There is established for each region a Regional Co-ordinating Council in accordance with Article 255 of the Constitution. Composition of Regional Co-ordinating Councils

187. (1) A Regional Co-ordinating Council consists of (a) the Regional Minister and the Deputy or Deputies; (b) the Presiding Member of each District Assembly in the region and the District Chief Executive of each district in the region; (c) two chiefs from the Regional House of Chiefs; and (d) the regional heads of the decentralised Ministries in the region as members without the right to vote. (2) The Regional Minister is the chairperson of the Regional Co-ordinating Council. 86 Local Governance Act, 2016 Act 936 (3) The Regional Co-ordinating Director is the secretary to the Regional Co-ordinating Council. Functions of Regional Co-ordinating Councils

188. (1) A Regional Co-ordinating Council shall (a) monitor, co-ordinate and evaluate the performance of the District Assemblies in the region; (b) monitor the use of moneys (i) mobilised by the District Assemblies; or (ii) allocated and released to the District Assemblies by any agency of central Government; and (c) review and co-ordinate public services generally in the region. (2) The Regional Co-ordinating Council is responsible for the following functions: (a) the approval of the by-laws of the District Assemblies in the region subject to their consistency with national legislation, (b) the provision of back-stopping support for the performance of any function assigned to the District Assemblies in the region in respect of which a particular District Assembly is deficient in terms of skills and workforce; (c) the resolution of any conflicts between a District Assembly in the region and any agency of the central Government, public corporation, statutory body, non-governmental organisation or individual; (d) the oversight responsibility for second-cycle educational institutions and regional hospitals in the region on behalf of the Ministries of Education and Health; and (e) the performance of any other functions assigned to it by or under an enactment. Development Planning functions of Regional Co-ordinating Councils

189. (1) A Regional Co-ordinating Council shall (a) provide a District Planning Authority with the informa- tion and data necessary to assist the Authority in the formulation of a district development plan; (b) co-ordinate the plans and programmes of District Plan- ning Authorities and harmonise the plans and programmes with national development policies and priorities for consideration and approval by the Commission; 87 Act 936 Local Governance Act, 2016 (c) monitor and evaluate the implementa tion of the programmes and projects of the District Planning Authorities within the region; (d) act on behalf of the Commission with respect to the national programmes and projects in the region as the Commission may direct; and (e) perform any other planning functions that may be assigned by the Commission. Planning functions of Regional Planning Co-ordinating Unit

190. (1) A Regional Planning Co-ordinating Unit shall be established to perform the planning functions of a Regional Co-ordinating Council. (2) A Regional Planning Co-ordinating Unit shall comprise the Heads of Regional Departments. (3) The Regional Planning Co-ordinating Unit shall (a) advise the Regional Co-ordinating Council on (i) the co-ordination, monitoring and evaluation of district development plans; and (ii) matters related to development planning in the region, including spatial and sectoral policies; and (b) provide a secretariat for the Regional Co-ordinating Council to perform its planning functions. (4) The Regional Planning Officer shall be the convenor of the Regional Planning Co-ordinating Unit. Meetings of Regional Co-ordinating Councils

191. (1) A Regional Co-ordinating Council shall meet at least twice a year and shall hold any other meetings that the Council considers neces- sary at the times and in the places determined by the chairperson. (2) The Regional Minister shall convene the meetings of the Regional Co-ordinating Council. (3) The Regional Minister may, by notice to the members of the Regional Co-ordinating Council, convene a special meeting of the Regional Co-ordinating Council for a specified purpose. (4) The special meeting shall be held at the time and place specified in the notice convening the meeting. (5) The Regional Minister shall preside at the meetings of the Regional Co-ordinating Council and in the absence of the Regional Minister, a Deputy Regional Minister shall preside. 88 Local Governance Act, 2016 Act 936 (6) Matters at a meeting of a Regional Co-ordinating Council shall be decided by a simple majority of the members present and voting and where there is equality of votes, the person presiding shall have a casting vote. (7) The quorum at a meeting of the Regional Co-ordinating Council is one-third of the membership of the Regional Co-ordinating Council, excluding the heads of the Regional Departments. (8) The validity of the proceedings of a Regional Co-ordinating Council shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member. (9) Except as otherwise provided, the Regional Co-ordinating Council shall regulate the procedure for its meetings. Office of the Regional Co-ordinating Council

192. (1) There shall be an Office of the Regional Co-ordinating Coun- cil in each region of the country. (2) The Offices of the Regional Co-ordinating Councils in existence immediately before the commencement of this Act are continued in existence. (3) A person seconded from any public office to the Office of the Regional Co-ordinating Council shall be an officer of the Regional Co-ordinating Council. Functions of the Office of the Regional Co-ordinating Council

193. The Office of the Regional Co-ordinating Council is respon- sible for assisting the Regional Co-ordinating Council in the performance of its functions. Regional Co-ordinating Director

194. (1) There shall be a Regional Co-ordinating Director for each Regional Co-ordinating Council. (2) The President may in accordance with Article 195 (1) of the Constitution, appoint a Regional Co-ordinating Director for each Regional Co-ordinating Council. (3) The President may, delegate the power of appointment under subsection (2) to the Head of the Local Government Service Council. (4) The Regional Co-ordinating Director (a) is the administrative head of the Office of the Regional Co-ordinating Council; 89 Act 936 Local Governance Act, 2016 (b) is responsible for the co-ordination of the activities of the Departments of the Regional Co-ordinating Council; and (c) has the status and rank of a Chief Director in the Civil Service. (5) The Regional Co-ordinating Director is responsible to the Regional Minister in the performance of the functions of the office. (6) The Regional Co-ordinating Director is a member of the Local Government Service. (7) The Regional Co-ordinating Director shall ensure that the functions and responsibilities of the Office of the Regional Co-ordinating Council are effectively and efficiently carried out. Staff of the Office of the Regional Co-ordinating Council

195. (1) The Office of the Regional Co-ordinating Council shall have the staff that may be necessary for the proper and effective performance of the functions of the office. (2) The President may, in accordance with Article 195 (1) of the Constitution, appoint the staff of the Regional Co-ordinating Council. (3) The President may delegate the appointment under subsection (2) to the Head of the Local Government Service Council. (4) The staff of the Office of the Regional Co-ordinating Council shall perform the functions assigned to them under this or any other enactment. Departments of the Regional Co-ordinating Council

196. (1) The Departments specified in the Thirteenth Schedule are established as Departments of the Regional Co-ordinating Council. (2) The Departments of the Regional Co-ordinating Councils shall be headed by Regional Heads of Departments who are responsible for the proper and effective performance of their functions. (3) The Regional Heads of Departments of the Regional Co-ordinating Councils are responsible to the Regional Minister through the Regional Co-ordinating Director. (4) The Head of the Local Government Service shall issue Administrative Instructions to specify (a) how Departments of the Regional Co-ordinating Councils are to be established; and (b) the details of the reporting relationship between the Regional Heads of Departments of the Regional Co-ordinating Council, the Regional Co-ordinating Director and the Regional Minister. 90 Local Governance Act, 2016 Act 936 Functions of the Departments of the Regional Co-ordinating Council

197. The Departments of the Regional Co-ordinating Council (a) shall co-ordinate, harmonise, monitor and evaluate the performance of the functions of the relevant Departments of the District Assemblies in the region; (b) are responsible for the implementation of the decisions of the Regional Co-ordinating Council as they affect the Departments; and (c) shall provide quarterly reports on their co-ordination, harmonisation, monitoring and evaluation activities and on their implementation of the decisions of the Regional Co-ordinating Councils to the Regional Co-ordinating Council through the Regional Co-ordinating Director. Regional level inter-service and inter-sectoral collaboration and co-operation

198. (1) The Departments of a Regional Co-ordinating Council shall collaborate and co-operate with the other sectors of the public service (a) in order to ensure a co-ordinated approach to the monitoring and evaluation of the performance of the District Assem- blies in the region, and (b) in the monitoring of the use of moneys allocated and released to the District Assemblies by agencies of the central government, and in the review and co-ordination of public services generally in the region. (2) The Regional Minister shall facilitate the collaboration and co-operation with the other sectors of the public service. (3) The Regional Heads of Department of the other sectors of the public service shall attend meetings and participate in the delibera- tions of the Regional Planning Co-ordinating Unit and the Regional Co-ordinating Council to which they are invited and the meetings shall be referred to as the expanded Regional Planning Co-ordinating Unit and the expanded Regional Co-ordinating Council meetings respectively. (4) The expanded Regional Planning Co-ordinating Unit and the expanded Regional Co-ordinating Council shall oversee the effective merger and amalgamation of the Departments of the District Assemblies referred to in the Second and Fourth Schedules and shall resolve any disputes and misunderstandings arising from the merger and amalgamation. (5) The Regional Heads of Departments of the other sectors of the public service shall provide information on any matter affecting their 91 Act 936 Local Governance Act, 2016 sectors upon reasonable request by the Regional Minister, the Regional Co-ordinating Director or a Head of Department of the Regional Co-ordinating Council. (6) The Regional Co-ordinating Council shall hold at least one joint annual meeting with the Heads of the Departments of the Regional Co-ordinating Council and the Heads of the other sectors of the public service to review the performance of the regional level of governance. Funds of the Regional Co-ordinating Council

199. (1) The Regional Co-ordinating Council shall receive funds from the following sources to be used exclusively for the functions of the Regional Co-ordinating Council, its planning functions and the plan- ning functions of the Regional Co-ordinating Unit; (a) a percentage of the Common Fund determined by Parlia- ment; and (b) grants and other donations made to the Regional Co-ordinating Council. (2) These funds shall be in addition to the budgetary allocations made annually to the Regional Coordinating Council in the national budget. Regional budget

200. (1) Each Regional Co-ordinating Council is responsible for the preparation, administration and control of budgetary allocations to the Regional Co-ordinating Council. (2) Every Regional Co-ordinating Council shall, before the end of each financial year, submit a regional integrated budget to the Minister for Finance for approval by Parliament. (3) The regional integrated budget shall cover the budgets of the Office of the Regional Co-ordinating Council and include the aggregate revenue and expenditure of the departments and organisations under the Regional Co-ordinating Council, including the annual monitoring and evaluation plans and programmes of the Office of the Regional Co-ordinating Council and the departments and organisations under the Regional Co-ordinating Council. (4) The Minister responsible for Finance shall create a budget line in the national budget appropriation for the regional integrated budget. 92 Local Governance Act, 2016 Act 936 Regional Minister

201. (1) The President shall, in accordance with Article 256 of the Constitution, appoint for each region, a Minister of State who shall be known as the Regional Minister for that region. (2) A Regional Minister shall (a) represent the President in the region; (b) be responsible for the co-ordination and direction of the administrative machinery in the region; and (c) perform any other functions delegated by the President. (3) The President may, in consultation with the Minister of State for a region and with the prior approval of Parliament, appoint for the region, a Deputy Minister or Deputy Ministers to perform functions as the President may determine. Relationship between the Regional Minister and the District Chief Executive

202. (1) The Regional Minister (a) is on behalf of the President, responsible for supervising the work of the District Chief Executives of the districts in the region; (b) is responsible for monitoring and evaluating the District Chief Executives in the region in the performance of their functions; and (c) is responsible for submitting to the President, periodic and annual assessment reports on the performance of the District Chief Executives in the region. (2) District Chief Executives in the region shall inform the Regional Minister of any new fees, taxes and rates imposed by their District Assemblies and the infrastructure and development projects undertaken or programmed to be undertaken by their District Assemblies. Regional management

203. (1) The Office of the Regional Co-ordinating Council established under section 192 shall co-ordinate and monitor the programmes of gov- ernment departments at the regional level and keep the Regional Co-ordinating Council informed of their performance. (2) The Regional Co-ordinating Director shall, within three months after the end of each financial year, prepare an annual report of the work of the Regional Co-ordinating Council in that year and submit the report to the President through the Regional Minister after approval by the Regional Co-ordinating Council. 93 Act 936 Local Governance Act, 2016 (3)The relationship of the Regional Co-ordinating Director to the Regional Minister shall be that of a Chief Director to the Minister. PART NINE - INTER-MINISTERIAL CO-ORDINATING COMMITTEE ON DECENTRALISATION Establishment and Functions of the Inter-Ministerial Co-ordinating Committee on Decentralisation Establishment of Inter-Ministerial Co-ordinating Committee on Decentralisation

204. (1) There is established by this Act, an Inter-Ministerial Co-ordinating Committee on Decentralisation, referred to in this Act as the Inter- Ministerial Co-ordinating Committee. (2) The Inter-Ministerial Co-ordinating Committee is the key national institutional mechanism for the inter-sectoral policy coordina- tion of decentralisation and for the decentralised local governance system. (3) The Inter-Ministerial Co-ordinating Committee shall comprise: (a) the President or a designated representative as chairperson; (b) the Minister for Local Government; (c) the Minister for Finance; (d) the Minister for Education; (e) the Minister for Health; (f) the Minister for Food and Agriculture; (g) the Minister responsible for Gender, Children and Social Protection; (h) the Attorney-General and Minister for Justice; (i) the Head of the Local Government Service; (j) the Head of the Civil Service; and (k) the Chairperson of the National Development Planning Commission. (4) The Inter-Ministerial Co-ordinating Committee may appoint sub-committees and task forces to assist in the performance of functions. (5) The Inter-Ministerial Co-ordinating Committee may require a Minister or public officer to attend its meetings or provide information required for the performance of its functions. (6) The Inter-Ministerial Co-ordinating Committee may co-opt a person or engage the services of experts and consultants for the effective discharge of its functions. 94 Local Governance Act, 2016 Act 936 (7) The Inter-Ministerial Co-ordinating Committee may meet at the times and in the places determined by the chairperson and shall regulate its own procedure. Functions of the Inter-Ministerial Co-ordinating Committee

205. The Inter-Ministerial Co-ordinating Committee is responsible for the inter-sectoral policy coordination of decentralisation and for the decentralised local governance system. Technical Committee of the Inter-Ministerial Co-ordinating Committee

206. (1) There shall be established a Technical Committee of the Inter-Ministerial Co-ordinating Committee consisting of (a) a chairperson appointed by the Inter-Ministerial Co-ordinating Committee, (b) the Chief Director of the Ministry of Local Government, (c) the Chief Director of the Ministry of Finance, (d) the Chief Director of the Ministry of Education, (e) the Chief Director of the Ministry of Health, (f) the Chief Director of the Ministry of Food and Agriculture, (g) the Chief Director of the Ministry of Gender, Children and Social Protection, (h) the Director of Legislative Drafting, Attorney General’s Department of the Ministry of Justice, (i) the Chief Director of the Office of the Head of Local Government Service, (j) the Chief Director of Office of the Head of Civil Service, and (k) the Director-General, National Development Planning Commission. (2) The Technical Committee shall meet at the times and places that the chairperson may determine but shall meet before each meeting of the Inter-Ministerial Co-ordinating Committee to discuss the items for consideration and prepare policy options for the consideration of the meeting. Secretariat of the Inter-Ministerial Co-ordinating Committee

207. (1) The Inter-Ministerial Co-ordinating Committee shall have a Secretariat headed by an Executive Secretary. (2) The Secretariat shall ensure the effective implementation of the decisions of the Inter-Ministerial Co-ordinating Committee. 95 Act 936 Local Governance Act, 2016 (3) The Inter-Ministerial Co-ordinating Committee on Decentralisation shall be under the Office of the President. PART TEN – MISCELLANEOUS MATTERS Acquisition of Immovable Property Power of District Assembly to acquire land

208. (1) A District Assembly, in furtherance of its incorporation, may acquire land or buildings in the district or outside the district as it considers necessary to perform any function conferred on it. (2) A District Assembly may, in the best interest of the District Assembly, purchase land, service the land and re-allocate the land to a prospective public or private developer for development. Development charges on serviced land

209. (1) A District Assembly shall impose a reasonable development charge on a prospective developer when allocating acquired and serviced land to a prospective developer and may impose other terms that may appear to the District Assembly to be expedient for the development of the district. (2) The proceeds from a development charge shall be paid into a separately established fund maintained solely for the purpose of further acquisition and servicing of land acquired. Legal Proceedings and Notices Notice of suit to be served on District Assembly

210. (1) A suit shall not be commenced against a District Assembly until at least one month after a written notice of intention to commence the suit has been served on the District Assembly by the intending plain- tiff or an agent of the plaintiff. (2) The notice shall state the cause of action, the names and place of abode of the intending plaintiff and the relief which the plaintiff claims. (3) An action shall not lie against a District Assembly unless the action is commenced within twelve months after the act, neglect or default complained of, or in the case of continuing damage or injury, within twelve months after the date of cessation. 96 Local Governance Act, 2016 Act 936 Mode of service on District Assembly

211. (1) Any summons, notice or other document required or authorised to be served on a District Assembly shall be served by delivering or sending the summons, notice or other document by registered post addressed to the District Chief Executive. (2) A court may, in a particular suit or as regards a particular document, order service on the District Assembly to be effected in an- other manner and in that case, service shall be effected in accordance with the terms of the court order. Description of property

212. Where in any criminal proceeding it is necessary to refer to the ownership or description of property belonging to or under the manage- ment of a District Assembly, the property may be described as the prop- erty of the District Assembly. Power of entry

213. (1) A person authorised in writing by a District Assembly may enter onto any land, building or premises, within the area of authority of the District Assembly to carry out an inspection, inquiry or the execu- tion of works under any by-law made by the District Assembly. (2) A person authorised by a District Assembly to exercise a power of entry, shall not enter a place known as a sacred grove within the area of authority of the District Assembly. Publication of notices

214. The publication of a notice or any other document required by this Act to be published shall be deemed to be duly published if the notice or document is fixed (a) in a conspicuous place on or near the outer door of the office of the District Assembly during office hours, or (b) in some other conspicuous place within the District for a reasonable time. Occupier to provide specified particulars

215. (1) A District Assembly may, by notice in writing, require the occupier of premises to state the name and address of the owner of the premises to enable a document to be served on the owner of the premises. (2) If the occupier refuses within fourteen days after the notice has been served to provide the name and address of the owner of the 97 Act 936 Local Governance Act, 2016 premises, or wilfully misstates the name and address of the owner, the occupier commits an offence and is liable on summary conviction in respect of each offence to a fine of not less than twelve penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and term of imprisonment and in the case of a continuing offence, to a further fine of one penalty unit for each day on which the offence continues, unless cause is shown to the satisfaction of the court why the occupier is unable to provide the details of the owner. Privileges and Immunities Freedom of speech and proceedings in District Assembly

216. There shall be freedom of speech, debate and proceedings in every District Assembly and the freedom shall not be impeached or questioned in any court or place. Immunity from proceedings for acts in District Assembly

217. (1) Civil or criminal proceedings shall not be instituted against a member of a District Assembly or officer of the District Assembly in any court because of anything said by that person in the District Assembly or any matter or thing brought by that person in or before the District Assembly by petition, motion or otherwise. (2) Where in the opinion of the Presiding Member of a District Assembly, a statement made by a member of the District Assembly is defamatory of any person in the first instance, the Presiding Member shall refer the matter for inquiry to the Public Relations and Complaints Committee of the District Assembly which shall report its findings to the District Assembly not later than fourteen days after the matter was referred. (3) Where the Committee reports to the District Assembly that the statement made by the member is defamatory of any person, the member who made the statement shall, at the next sitting of the District Assembly, render an apology at the bar of the District Assembly, the terms of which shall be approved by the Committee and communicated to the person who has been defamed. (4) Where a member refuses to render an apology, the Presiding Member shall suspend that member for the duration of two consecutive meetings of the District Assembly. 98 Local Governance Act, 2016 Act 936 (5) A member of the District Assembly who has been suspended shall lose the privileges, immunities and allowances in respect of mem- bership of the District Assembly and the privileges, immunities and allowances shall be forfeited until an apology is rendered. Immunity from Service as Juror

218. A member of the District Assembly shall not be required to serve on a jury in any court or as a member of any tribunal. Immunity from service of process and arrest

219. (1) Civil or criminal process from a court shall not be served on or executed in relation to any member of the District Assembly or officer of the District Assembly while the member is on the way to attend or returning from a meeting of the District Assembly. (2) A certificate of the Presiding Member of the District Assem- bly to the effect that a member was on the way to, attending or returning from a meeting of the District Assembly shall be conclusive evidence of attendance at the District Assembly. Immunity from publication of proceedings

220. A person shall not be under a civil or criminal liability in respect of the publication of (a) the text or a summary of a report, paper, minutes, note or proceedings of a District Assembly; or (b) a contemporaneous report of a meeting of the District Assembly, unless it is shown that the publication was made with malice or other- wise in want of good faith. Privileges of witnesses

221. (1) A person summoned to attend and give evidence or to produce any paper, book, record or other document before a District Assembly is entitled to the same privileges as if that person were appearing before a court to give evidence. (2) A public officer shall not be required to produce any docu- ment before a District Assembly if the Presiding Member of the District Assembly certifies that (a) the document belongs to a class of documents that would be injurious to public interest to produce; or (b) the disclosure of the contents of the document will be preju- dicial to the security of the State. 99 Act 936 Local Governance Act, 2016 (3) Where there is a doubt as to whether the production of a docu- ment is injurious to public interest or prejudicial to the security of the State, the Presiding Member of the District Assembly shall refer the matter to the High Court to determine whether the production or disclosure of the contents of the document will be injurious to the public interest or prejudicial to the security of the State. (4) An answer by a person to a question put by a District Assembly shall not be admissible in evidence against that person in any civil or criminal proceedings out of the District Assembly, except proceedings for perjury brought under the criminal law. Contempt of District Assembly

222. (1) An act which (a) obstructs or impedes a District Assembly in the performance of its functions, (b) obstructs or impedes a member or officer of the District Assembly in the discharge of official duties, (c) affronts the dignity of the District Assembly, or (d) tends either directly or indirectly to produce a result specified in paragraphs (a), (b) or (c), shall be contempt of the District Assembly. (2) Where an act which constitutes contempt of a District Assembly is an offence under the criminal law, the exercise by the District Assembly of the power to punish for contempt shall not limit the institu- tion of proceedings under the criminal law. Obstruction of the Authority of a District Assembly Obstruction of officers

223. (1) A person who (a) wilfully obstructs a member of a District Assembly in the execution of the duties of the member, or (b) being the occupier of premises, prevents the owner of the premises from complying with any requirements of the District Assembly, commits an offence and is liable on summary conviction to a fine of not less than twelve penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and the term of imprisonment and in the case of a continuing offence to a further fine of one penalty unit for each day that the offence continues. 100 Local Governance Act, 2016 Act 936 Offence of Unauthorised Sitting and Voting Penalty for unqualified person sitting or voting in District Assembly

224. A person who (a) is elected or appointed as a member of a District Assembly while that person is not qualified to be elected or appointed and sits or votes in the District Assembly, (b) sits or votes in a District Assembly after the seat in the District Assembly has become vacant knowing or having reasonable grounds for knowing that the seat has become vacant, or (c) sits or votes in a District Assembly after that person has become disqualified from sitting or voting in the District Assembly, knowing or having reasonable grounds for knowing that that person is disqualified, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and the imprisonment. Executive Authority and Local Government Delegation of powers of President or Minister

225. The President or the Minister, with the prior approval of the Cabinet, may by Executive Instrument, delegate any of the functions of the President or Minister under this Act other than the functions of the Minister under section 3, to a public officer subject to the conditions specified in the Instrument. Provision of information to the President or Minister

226. Each District Assembly and every member or officer of the District Assembly shall furnish the President or the Minister with the information that the President or Minister may require in relation to the functions of the District Assembly. Provisions on Staff of District Assembly Staff of District Assembly to give account of moneys and properties in their charge

227. (1) A member of staff of a District Assembly during the continuance of office, or within three months after ceasing to hold office and in a manner that the District Assembly or the Auditor-General may 101 Act 936 Local Governance Act, 2016 direct, shall prepare and deliver to the District Assembly or as the Auditor- General may direct, a true account in writing of the moneys and property entrusted to that member of staff and the receipts and payments, with vouchers and other documents and records supporting the entries, list of persons from whom or to whom money is due in connection with the office, showing the amount from or to each. (2) The member of staff shall pay moneys due from that member of staff to the District Assembly or otherwise as the District Assembly or the Auditor-General may direct. (3) If a person refuses to (a) make a payment required to be made, or (b) deliver to the District Assembly or as the Auditor-General may direct, an account or list required to be made under this section or delivered after three days’ notice signed by (i) the Presiding Member of the District Assembly, (ii) three members of the District Assembly, or (iii) the Auditor-General, and delivered to the usual or last known place of residence of the person, or (c) make a voucher or other document of record relating to a voucher or to give a satisfactory response in respect of a voucher to the District Assembly or as the Auditor-General may direct, an officer of the District Assembly may file a complaint to the court which may order or require the person to make the payment or deliver the docu- ment to the District Assembly or as the Auditor-General may direct. (4) A person who wilfully neglects to comply with the order of the court commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred penalty units or to a term of imprisonment of six months or to both the fine and the term of imprisonment and in the case of a continuing offence to a further fine of not more than one penalty unit for each day on which the offence continues. (5) Nothing in this section shall affect any remedy by action against a person or the surety of that person, except that the member of staff shall not be sued by action and proceeded against under this section for the same cause. 102 Local Governance Act, 2016 Act 936 Protection of members and staff

228. Subject to the Constitution, a member of a District Assembly or a member of staff of a District Assembly or any person acting under the direction of the District Assembly is not personally liable for any act done in good faith in the performance of a function or the execution of a duty under this Act. Recovery of moneys due by way of deduction

229. (1) Despite any provision in this Act, where a person is indebted to a District Assembly in any specific sum of money, the District Chief Executive, after consultation with the Attorney-General, may authorise the retention by way of deduction or set-off of the amount of the indebt- edness out of any sum of money that may be due or payable by the District Assembly to that person. (2) A debt owed by a member of staff of the District Assembly may however be recovered by way of deductions from the emoluments of that person if the Presiding Member of the District Assembly directs in writing and the Controller and Accountant-General or any other person authorised by the Controller and Accountant-General shall carry out the request made if the request is reasonable. Payment of allowances to District Assembly members and staff

230. Model Standing Orders made by the Minister under subsection (6) of section 18 may provide for the payment of transport and other allowances to members of the District Assembly and to persons invited to attend any of the meetings of the District Assembly. Authority of District Assembly Proof of acts of authority

231. Any authorisation, notice or other document purporting to be granted, given or made and any act purporting to be done by a District Assembly or under an instrument, shall be taken to be duly granted, given, made or done by the District Assembly without further evidence unless the contrary is proved. Final Provisions Regulations

232. (1) The Minister may, by legislative instrument, make Regulations for carrying into effect the provisions of this Act and in particular (a) for the procedure to secure a permit; (b) for the provision of notices; (c) to prescribe activities that may be carried out without a permit; and 103 Act 936 Local Governance Act, 2016 (d) for consultations between the District Planning Authority and public agencies and local communities. (2) The Minister may, on the advice of the Local Government Service Council given in consultation with the Public Services Commis- sion, make Regulations for (a) institutional co-operation between the Local Government Service and other branches of the public service, and (b) a matter that falls within the scope of the functions of the Local Government Service. (3) The Minister may, by legislative instrument, amend with the prior approval of Cabinet a provision of the Schedules except the Fourteenth Schedule. Consequential amendments

233. The enactments specified in the first column of the Fourteenth Schedule are amended or otherwise affected to the extent specified in the second column of that Schedule. Interpretation

234. In this Act, unless the context otherwise requires, “Administrator” means the head of the District Assemblies Common Fund; “Association” means the National Association of Local Authorities of Ghana; “audit” includes an annual, interim or any audit but shall not include an internal audit; “Audit Report Implementation Committee” means the Committee established under section 86 of the Public Financial Management Act, 2016 (Act 921); “Auditor-General” includes any auditor or public officer authorised by the Auditor-General in writing to act in the name of the officer or on behalf of the Auditor-General; “basic rate” means an amount imposed by the District Assembly payable by a person of or above the age of eighteen years and below the age of seventy years who resides within a district; “betterment charge” means the determinable percentage of money charged on the increase in value of a property arising out of public works carried out by a District Assembly; 104 Local Governance Act, 2016 Act 936 “buildings and structures” include references to plant and machinery which are attached to and form an integral part of any building or structure; “central Government” means the Government of the Republic of Ghana other than local government; “civil society organisation” includes a community-based organisation, faith-based organisation, non-governmental organisation, professional or vocational association or similar organisation; “Commission” means the National Development Planning Commission established under the National Development Planning Act, 1994 (Act 479); “Common Fund” means the Fund established under section 125; “community right of space” means a road, street, foot path, pavement, passenger terminal, parking area, any public right of way, school ground, hospital ground, open space, cemetery, playing field, square, durbar ground, market place, public place of assembly, or any space or ground or area for public or community use that exists or is so desig- nated in an approved settlement plan or under the provision of any law; “court” means court of competent jurisdiction; “designated agencies” means the Organisations, Departments and Services referred to in the Seventh Schedule; “development” within the context of the District Assemblies Common Fund, means programmes and projects of the District Assembly that have the effect of achieving a long and healthy life, access to knowledge, a decent standard of living and the general well-being of the people of the district; “District Co-ordinating Director” includes a Municipal Co-ordinating Director and a Metropolitan Co-ordinating Director; “District Assembly” includes a Metropolitan and Municipal Assembly; “District Chief Executive” includes Municipal Chief Executive and Metropolitan Chief Executive; 105 Act 936 Local Governance Act, 2016 “district level stakeholders” includes chiefs and traditional au- thorities, opinion leaders, community leaders and civil so- ciety organisations; “District Planning Authority” means the District Assembly; “electoral area” means a local government electoral area specified in the Schedule to the Constitutional Instrument issued by the Electoral Commission for that purpose; “general rate” means a rate levied over the whole district for the general purposes of the district; “Inter-Ministerial Co-ordinating Committee” means the Inter- Ministerial Co-ordinating Committee on Decentralisation established under section 204; “Minister” means the Minister responsible for Local Govern- ment; “mixed development area” means a use-zoning area where residential, commercial, light industrial or heavy industrial uses have been permitted or may be permitted, together or in any combination thereof, by a District Planning Authority as specified in a Rate Notice; “nuisance” means any activity, operation, works, action, neglect or any effect of it on, in, under or over land which is offensive, injurious or prejudicial to amenity, public health, public safety, public peace, public convenience or the local or national economy; “other sectors” include non-decentralised departments, state- owned enterprises and public corporations operating in the district ; “physical development” means the carrying out of building, engineering, mining or other operations on, in, under or over land, or the material change in the existing use of land or a building and includes the sub-division of land, the dis- posal of waste on land including the discharge of effluent into a body of still or running water and the erection of advertisement or other hoarding; “prescribed” means by Regulations made under this Act; “rating authority” means the District Assembly for the District concerned; 106 Local Governance Act, 2016 Act 936 “Regulations” means the Regulations made under this Act; “replacement cost” with respect to buildings, structures and other development means the amount it would cost to provide the buildings, structures and other developments as if they were new on an undeveloped site at the time the premises are being valued; “safe securities” include treasury bills and government bonds and any other security approved by the Minister respon- sible for Finance; “serviced land” means land on which infrastructural services including a road, drainage system, water and other utilities have been provided; “session” means a series of meetings of a District Assembly within a period of twelve months; “special rate” means a rate made and levied over a specified area in the district for the purpose of a specified project approved by the District Assembly for that area; “structural development” includes any kind of work or improve- ment carried out on or in any land and in particular foun- dations, excavations, drainage systems, pathways, aprons and other prepared surfaces; “sub-district structure” includes the sub-metropolitan district councils, urban councils, zonal councils, town councils, area councils and unit committees of District Assemblies; “total revenue” means the entire revenue collected by or accruing to the central government other than foreign loans, grants, non-tax revenue and revenues already collected by or for a District Assembly under an enactment; “Town Council” includes a Zonal Council; ”traditional authority” means a House of Chiefs or any council or body established or recognised as such under customary law and includes the “tindanas” of the Northern Region and the “wulomei” of the Greater Accra Region; and “use-zoning” means the division by a District Planning Authority of a community or township into zones or districts according to present or potential use of immovable properties for the purposes of controlling or directing the use and development of those properties or for the purposes of rating or conserving the value of those properties. 107 Act 936 Local Governance Act, 2016 Repeals and savings

235. (1) The following enactments are repealed: (a) District Assemblies Common Fund Act, 1993 (Act 455); (b) Local Government Act, 1993 (Act 462); and (c) Local Government Service Act, 2003 (Act 656). (2) Despite the repeal of the enactments specified under subsec- tion (1), any statutory instruments made or continued in existence under any of the repealed enactments and in force immediately before the coming into force of this Act, shall continue in force as if made under a corre- sponding provision. (3) Any by-law or instrument, including building regulations, or any other act made or done by a local authority or other body charged with the performance of local government functions in the area of a District Assembly or any part of it and in force immediately before the coming into force of this Act shall continue in force in that district or part of it as if made or done under this Act. (4) Despite the repeal of the enactments specified under subsec- tion (1), the District Assemblies in existence immediately before the com- ing into force of this Act, shall continue in existence until the election and appointment of new members of the District Assemblies. Transitional provisions

236. (1) Staff of the Inspectorate Division of the Ministry of Local Government in existence before the coming into force of this Act shall, on the coming into force of this Act, be absorbed into the Internal Audit Unit of the District Assemblies. (2) A person absorbed into the Internal Audit Unit of a District Assembly shall be deemed to have been duly employed by the Internal Audit Unit of the District Assembly established by this Act on terms and conditions which are not less in aggregate to terms and conditions attached to the post held by that person before the coming into force of this Act. 108 Local Governance Act, 2016 Act 936

FIRST SCHEDULE (Section 77) Decentralised Public Service Sectors 1. Agriculture 2. Births and Deaths Registry 3. Community Development 4. Cooperatives 5. Education 6. Finance 7. Health 8. Horticulture and Landscape Designing 9. Housing 10. Industry 11. Public Works 12. Roads 13. Social Welfare 14. Sports 15. Statistics 16. Town and Country Planning 17. Trade 18. Youth 109 Act 936 Local Governance Act, 2016

SECOND SCHEDULE (Sections 78 (1), (4) and 198 (4)) Existing Departments under District, Municipal and Metropolitan Assemblies Metropolitan Assembly Municipal Assembly District Assembly 1. Central Administration 1. Central Administration 1. Central Administration Department Department Department 2. Finance Department 2. Finance Department 2. Finance Department 3. Education, Youth and 3. Education, Youth and 3. Education, Youth and Sports Department Sports Department Sports Department 4. Metropolitan Health 4. Municipal Health 4. District Health Department Department Department 5. Agriculture Department 5. Agriculture Department 5. Agriculture Department 6. Physical Planning 6. Physical Planning 6. Physical Planning Department Department Department 7. Social Welfare and 7. Social Protection and 7. Social Welfare and Community Development Community Development Community Development Department Department Department 8. Works Department 8. Works Department 8. Works Department 9. Trade and Industry 9. Trade and Industry 9. Trade and Industry Department Department Department 10. Natural Resources 10. Natural Resources 10. Natural Resources Conservation, Forestry Conservation, Forestry Conservation, Forestry and Game and Wildlife and Game and Wildlife and Game and Wildlife Department Department Department 11. Disaster Prevention 11. Disaster Prevention 11. Disaster Prevention Department Department Department 12. Roads Department 12. Roads Department - 13. Transport Department 13. Transport Department - 14. Waste Management - - Department 15. Budget and Rating - - Department 16. Legal Department - - 110 Local Governance Act, 2016 Act 936

THIRD SCHEDULE (Section 78 (2)) Departments Ceasing to Exist in their Present Form Present Form of Department New Form of Department at District Level 1. Education Service 1. Department of Education, Youth and Sports 2. Health Service 2. Health Department 1. Fisheries Department 3. Agriculture Department 2. Veterinary Services Division 3. National Board for Small-Scale 4. Department of Trade and Industry Industries 111 Act 936 Local Governance Act, 2016

FOURTH SCHEDULE (Sections 78 (3) and 198(4)) Departments to be established by District Assemblies Additional Departments to be established Departments ceasing to exist in their present form Department of Housing Department of Rural Housing Department of Statistics Ghana Statistical Service Department of Births and Deaths Department of Human Resources - Births and Deaths Registry 112 Local Governance Act, 2016 Act 936

FIFTH SCHEDULE (Section 104 (1) (e)) Matters for Building By-Laws 1. The making and maintenance of streets for the purpose of giving access to premises. 2. The amount of space surrounding new buildings and buildings which are to be extended or altered, so as to ensure free circulation of air. 3. Building lines and the layout of buildings. 4. The level of the ground floor of buildings. 5. The lighting and ventilation of buildings, the height of buildings and the dimensions of rooms and corridors. 6. Reducing the risk of fire in buildings and ensuring sufficient means of exit from new buildings in the event of fire. 7. Preventing the construction of buildings and other structures which would be a disfigurement to the town or neighbourhood or which would not be in keeping with the architectural character of the neighbourhood and the execution of any work which would tend to make existing buildings and structures a disfigurement to the town or neighbourhood or which would not be in keeping with the architectural character of the neighbourhood. 8. The repair and renovation of buildings and other structures, and compelling necessary repairs and renovations to buildings and other structures, to be carried out. 9. The certification of dwelling houses as having been constructed in accordance with requirements of by-laws made under section 104 as a condition precedent to the habitation of the houses. 10. The construction of hoardings and similar structures and buildings. 11. The use of proper building scaffolding, hoardings, machinery and appliances in connection with the construction, extension, alter- ation, repair and renovation of buildings and other structures. 12. The conditions to be satisfied by a site for any building or for any class of buildings. 13. Sanitary arrangements and conveniences of, or in connection with new buildings. 113 Act 936 Local Governance Act, 2016 14. Cutting into, laying and pulling down any work suspected to have been executed in contravention of any by-laws made under section 104 or any permit granted under the by-laws. 15. The designation of streets as shopping streets or business streets, and prescribing special requirements to be satisfied in respect of buildings constructed in them. 16. The drainage of streets, lands, compounds and new buildings. 17. The levels, width and construction of streets. 18. The construction of wells. 19. The preservation of trees and other natural amenities, the taking of steps to enhance the scenic beauty of the neighbourhood, the regulation of gardening and the care and conservation of open spaces. 20. The period of duration of any permit provided for under any by- laws and the extension of such period, and for the revocation of such permit if the construction of or the execution of the work to which it relates is not begun within a time specified in such per- mit. 21. The refusal of a permit to any applicant who has not completed a building or any work under a permit previously granted to the applicant. 22. Prescribing the forms to be used. 23. Prescribing the fees to be paid in respect of any matter or thing prescribed by by-laws. 24. The removal or alteration of any obstruction or projection likely to cause danger or inconvenience to persons using any street. 25. The giving of notices. 26. The deposit of plans, sections and specifications and other particulars by persons intending to lay out streets or to construct, extend, repair or renovate buildings. 27. Inspection by such officers as may be specified, and for the main- tenance of building agents on the sites of works, and the keeping of proper plans of the sites. 114 Local Governance Act, 2016 Act 936

SIXTH SCHEDULE (Section 106 (3)) Notice To……………………….......................…………………………………..................... TAKE NOTICE THAT you are hereby required on or before the………………day of………………..to submit a statement in writing under your hand or the hand of some person duly authorised by you for that purpose and served upon the District Chief Executive to show cause why ……......... …………………………...........................………………………………............ which has been constructed/executed in contravention of ………………….. ……………………should not be……………………….....…........................... …………………..............……………………………………............................ Dated this……......……day of………………….....................…….20…….…. .…………………………………………............ District Chief Executive or authorised officer Note: 1. Give adequate particulars of offending building, structure or work. 2. Specify the by-law or condition of permit contravened. 3. State whether building, structure or work is to be removed, altered or pulled down, and in the case of alteration give adequate particulars of alteration required to be made. 115 Act 936 Local Governance Act, 2016

SEVENTH SCHEDULE (Section 114) Services, Organisations and Departments to Implement Response Plan and By- Laws 1. Ghana National Fire Service 2. Ghana Police Service 3. National Disaster Management Organisation 4. Department of Social Welfare and Community Development 116 Local Governance Act, 2016 Act 936

EIGHTH SCHEDULE (Section 137 (2)) Licences 1. Dog licences 2. Hawkers licence 3. Extension of Hours licence 4. Hotels and Restaurants licences 5. Beer and Wine Sellers licences 6. Petroleum Installations licences 7. Palm-wine Sellers licences 8. Akpeteshie Distillers or Sellers licences 9. Herbalists licences 10. Taxi Cabs licences 11. Lorry Park Overseers licences 12. Taxi Drivers licences 13. Self-employed Artisans licences 14. Fishing Tolls licences 15. Births and Deaths licences 16. Electronic Communication Servers and Providers licences 17. Licence for any other locally brewed beverage 117 Act 936 Local Governance Act, 2016

NINTH SCHEDULE (Section 138 (1)) Vehicle Licences - Description of Vehicle 1. Every cart, truck or wagon, not propelled by mechanical power and used primarily for the conveyance of goods and provision of other services except a wagon, truck or carriage used on Government railway. 2. Every bicycle other than a bicycle belonging to an establishment or Government Department or the Prison Service, Armed Forces or Police Service or other bicycle not propelled by mechanical power. 118 Local Governance Act, 2016 Act 936

TENTH SCHEDULE (Section 139) Entertainment Licences 1. Concerts, musical or theatrical performances 2. Video shows 3. Cinemas 4. Fairs 5. Circuses 6. Discotheques 7. Clubs 8. Other entertainments to which admission is to be obtained on pay- ment of money or reward, except where the whole proceeds are being devoted to charity. 119 Act 936 Local Governance Act, 2016

ELEVENTH SCHEDULE (Section 141 (2) (b)) Fees and Miscellaneous Charges No. Fees Miscellaneous Charges 1. Cattle pounds 2. Conservancy 3. Slaughter House 4. Market Dues 5. Market Stalls and Stores 6. Lorry Park Dues 7. Advertisements 8. Trading Kiosks 9. Restoration of Conservancy Services 10. Public Cemetries and Burial Grounds 11. Bread Confectioneries 12. Chop Bars 13. Corn Mills 14. Dressing Stations 120 Local Governance Act, 2016 Act 936

TWELFTH SCHEDULE (Section 142) Taxes on Income 1. Spare parts dealers 2. Chemical sellers 3. Tailors and dressmakers 4. Sandcrete block manufacturers 5. Musical spinners 6. Radio and television repairers 7. Gold and silver smiths 8. Drinking bar operators 9. Professional photographers 10. Chop bar keepers and cooked food sellers 11. Butchers 12. Refrigeration and air-conditioning workshop owners 13. Hairdressers 14. Garage owners 15. Video operators 16. Cornmill owners 17. Co-operative distillers 18. Scrap dealers 19. Livestock breeders and traders 20. Traders 21. Liquor sellers 121 Act 936 Local Governance Act, 2016

THIRTEENTH SCHEDULE (Section 196) Departments of the Regional Co-ordinating Council 1. Department of Social Protection 2. Department of Community Development 3. Department of Town and Country Planning 4. Public Works Department 5. Department of Parks and Gardens 6. Department of Housing 7. National Board for Small-Scale Industries 8. Registry of Births and Deaths 9. Controller and Accountant-General’s Department 10. Department of Feeder Roads 11. Department of Urban Roads 12. Veterinary Services Department 13. Department of Agriculture 14. Department of Agricultural Engineering 15. National Sports Authority 16. National Youth Authority 17. Education Service 18. Ghana Library Authority 19. Health Service 20. Statistical Service 21. Department of Children 22. Department of Women 122 Local Governance Act, 2016 Act 936

FOURTEENTH SCHEDULE (Section 233) Consequential Amendments Column 1(Enactment) Column 2 (How affected) 1. National Development Act 480 is amended by the repeal of sections 2 to Planning (System) Act, 9 and section 20. 1994 (Act 480) 2. Internal Audit Agency Act, Act 658 is amended 2003 (Act 658) (a) by the repeal of subsections (6) and (7) of section 16; and (b) by the deletion of “and MMDAs” in subsection (3) of section 20. 3. Electronic Communications Act 755 is amended by the repeal of subsection Act, 2008 (Act 755) (1) of section 95. 4. Registration of Births Act 301 is amended and Deaths Act, 1965 (Act 301) (a) in section 41 by the substitution for the definition for (i) “district” of “”district” includes the area of authority of a District Assembly;”; (ii) “Registrar” of “”Registrar” includes the Registrar of births and deaths, an assistant registrar, registration officers, district registrars, assistant district registrars, an officer of the District Assembly designated for the purpose by the District Chief Executive;”; and (b) by the substitution for section 44 of “Application of Act 44. This Act, so far as it relates to the registration of births, foetal deaths and deaths, shall apply to (a) the districts that the Minister may, by legislative instrument, specify; and (b) the area of authority of every District Assembly which shall for the purpose of this Act be deemed to have been specified by the Minister by legislative instru- ment made under this section.”. 123 Act 936 Local Governance Act, 2016 Date of Gazette notification: 20th December, 2016. GPCL, ASSEMBLY PRESS, ACCRA. GPCL/A901/1,500/12/2016 124 Website: www.ghpublishingcompany.com E-mail: info@ghpublishingcompany.com