State Lands Regulations, 1962

LI. 230. Site Advisory Committees. Rights of entry of Committees on land. 2 ST'ATE LANDS REGULATIONS, 1962 In exercise of the powers conferred on the Minister by section 6 of the State Lands Act, 1962 (Act 125), (hereinafter referred to as " the Act ") the following regulations are hereby made this 30th day of October, 1962. ·-·-:;;; 1. (l) For the purpose of inspecting and making a recommenda­ tion as to the suitability or otherwise of any land proposed to be acquired under section 1 of the Act (which relates to the acquisition of land by the President in the public interest) and for any other purpose specified in these regulations, there shall from time to time and in accordance with the provisions of this regulation be established Site Advisory Committees (any such Advisory Com­ mittee being hereinafter referred to as a " Committee"). (2) A Committee shall be established by a Regional Com­ missioner on receipt by him of a request in that behalf (a) made by any Ministry, department or other organ of State (whether on its own behalf or on behalf of a statu­ tory corporation); (b) made by any statutory corporation authorised by the Minister by notice published in the Gazette to apply direct to a Regional Commissioner to establish a Site Advisory Committee under this regulation. (3) A Committee shall consist of the following members, all of whom shall be appointed by the Regional Commissioner (a) The District Commissioner of the district in which the land is situate, who shall be chairman; (b) a person representing the Minister responsible for lands; (c) a person representing the Minister responsible for health; (d) a person representing the Minister responsible for works; (e) a person representing the Minister responsible for town and country planning; (j) a person representing the body by whom or on whose behalf the request was made under the last foregoing sub-regulation; and (g) where he considers it appropriate, a person representing the Minister responsible for water supplies or a person representing the Minister responsible for electricity, or both such persons. 2. (1) To enable a Committee to perform its functions under the foregoing regulation, the Committee may, subject to the next follow­ ing sub-regulation, enter on any land for the purpose of inspecting and surveying Oncluding the taking of samples of soil) that land. 3 STATE LANDS REGULATIONS, 1962 (2) A Committee shall not enter on any land in exercise of its rights under the foregoing sub-regulation unless (a) all the members present are in possession of, and produce if so requested, a written authorisation in the appropriate form specified in the First Schedule hereto; and (b) where there are inhabited dwellings on the land con­ cerned, not less than twenty-four hours notice of the proposed entry has been given to the occupier of the land, in the appropriate form specified in the said Schedule. 3. (I) Before examining the merits of any proposed acquisition of land the Committee shall first be satisfied that sufficient funds are, or will be, available for the purpose of implementing the pro­ posed user of the land. (2) Before recommending the acquisition of any land the Committee shall first be satisfied that no other suitable land is available without such acquisition. L.I. 230. Factors lo be considered by a Committee. 4. Every recommendation made by a Committee in the exercise Re<:ommen­ of its functions und er these reg~l~tions shall be submitted for his ~~t::iit~l/ approval to the Reg10nal Comm1ss10ner. 5. Every recommendation approved by a Regional Commissioner Submission under the last foregoing regulation, together with a certificate of of approved l · f h 1 d b bl' ffi • recommen-va uat10n o t e an y a competent pu 1c o cer or a wntten dations to undertaking by the owner of the land concerned that he will not claim Minister. any compensation, shall be submitted to the Minister for his approval; and no regard shall be had to any recommendation by a Committee or to any such certificate of valuation unless the recom­ mendation and the certificate (if any) have been approved by the Minister, with or without modifications. 6. Every notice of proposed entry on any land, being a notice given under subsection (1) of section 1 of the Act, shall be in the appropriate form specified in the First Schedule hereto. Notices under section I (1) of the Act. 7. (!) Subject to the next following sub-regulation any public Rights of officer authorised in writing in that behalf may enter on any land cntJr°n proposed to be acquired under the Act for the purpose of mak;ing Ia~ r a valuation of that land. va ua ion purpose~. (2) No entry shall be made on any land in pursuance of the last foregoing regulation unless (a) the entry is made between the hours of 8 a.m. and 12 noon, or between the hours of 2 p.m. and 6 p.m.; and (b) not less than twenty-four hours notice of the proposed entry has been given to the occupier of the land in the appropriate form specified in the First Schedule hereto. L.I. 230. Offences Allocation of land acquired under the Act. Cancellation of Certifi­ cates of Allocation. Applications for leases and licence!!. 4 STATE LANDS REGULATIONS, 1962 (3) Every authorisation under sub-regulation (l) of this regulation shalt be in the appropriate form specified in the said Schedule. 8. Any person who wilfully obstructs any member of a Committee or any public officer duly authorised to enter on any land under regulation 2 or regulation 7 of these regulations shall be guilty of an off cnce and liable on conviction to a fine not exceeding one hundred pounds or to a term of imprisonment not exceeding three months or to both. 9 .. ( l) The Minister shall be responsible for the allocation to Ministries, departments or other organs of the Republic (including any statutory corporation referred to in regulation l (2) (b)) of any land acquired under the Act, and every such allocation shall be evidenced by a written instrument, to be known as a Certificate of Allocation, issued by or on behalf of the Minister. (2) No such allocation shall be made by the Minister unless or until the proposed allocation has been ref erred to and considered by a Site Advisory Committee, and the Committee has made a recommendation to the Minister thereon: Provided that where any such proposed allocation has been referred to a Site Advisory Committee and the Committee has not made a recommendation to the Minister within one month of the reference, the Minister may allocate the land concerned without a recommendation. (3) A certificate of allocation may contain such limitations and conditions as the Minister may think fit, and shall (a) include a condition requiring the Ministry, department or other organ of the Republic concerned to ensure that the land is properly maintained and cared for; and (b) state the purpose for which the land may be used. (4) Every Ministry, department or other organ of the Republic to which land has been allocated under this regulation shall ensure that any limitations or condition are duly observed and shall not, unless the Minister consents thereto, use the land for any purpose other than that specified in the Certificate. 10. The Minister may at any time cancel or vary a Certificate of Allocation. 11. Every application for a lease or licence of any land acquired under the Act shall be made to the Minis~er in writing and shall be in the form specified in relation to such application in the First Schedule hereto, and shall contain such of the particulars men­ tioned in that form as are appropriate to the application; and the 5 STATE LANDS REGULATIONS, 1962 applicant shall furnish the Minister with such further information as the Minister may require for the purpose of the consideration of the application. 12. (1) For the purpose of considering and reporting on applica­ tions duly made to him under the last foregoing regulation the Minister may establish a Board of Inquiry (hereinafter ref erred to as " the Board "). (2) The composition and procedure of the Board shall be such as the Minister may direct. (3) After considering any such application the Board shall make a report to the Minister thereon. ( 4) In exercising its functions under the regulation the Board may require an applicant to furnish it with such further information relating to the application as it thinks fit. L.I. 230. Doards of Inquiry. 13. Service and publication under section 2 of the Act shall be Serv~ce ~nd effected by a public officer and an affidavit by that officer that the gfr~~f~1 ~ 0 requirements of that section have been complied with (together ments. with copies of the newspaper referred to in paragraph ld) of that section, where appropriate) shall be sufficient proof of such service and publication. 14. Any person who makes any application or is in receipt of Fees. any service or document specified in the Second Schedule hereto shall, unless the Minister otherwise directs, pay to the Minister the appropriate fee specified in that Schedule in relation to that applica tion, service or document (as the case may be). 15. Particulars of all land acquired under the Act and of all Records. leases, licences, allocations and other grants of an:· right over or interest in any such land, shall be recorded and kept by the Chief Registrar of Lands. 16. Unless the President otherwise directs no lease or licence Execution granted in respect of any land acquired under the Act shall be ~~deases valid unless the lease or licence (as the case may be) is executed licences. by the Minister, or by a person authorised by him in that behalf by notice published in the Gazette, and bears a seal specified by the Minister by a notice so published. 17. (1) Any matter referred by the Minister to the Tribunal under References subsection (2) of section 4 of the Act shall be so referred not later 10 Tribunal. than six weeks after the expiration of the period referred to in sub section ( 1) of that section. (2) Any such matter shall be referred in the ·appropriate form specified in relation thereto in the First Schedule to these regulations. L.I. 230. 6 STATE LANDS REGULATIONS, 1962 FIRST SCHEDULE Form l REPUBLIC OF GHANA THE STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 NOTICE To ...... . (Name of occupier) Take notice that a Site Advisory Committee appointed under Regulation 1 will inspect the under-mentioned land and building(s) ·······•··••·····································•·•·······! ............................................................. . (description) on the ...................................................... day of... ..................................................................... 196 .... .. Date of issue District Commissioner Form2 REPUBLIC OF GHANA STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 NOTICE To ............................................................. . (Name of occupier) Take notice that in accordance with Regulation 7 Mr. ...................... . ........................................................................................ shall inspect this land (including building(s), if any) .............................................................................................................................. . (description) on the....... . .............................................. day(s) of... ............................................. 196 ... . for purposes of referencing and valuation. Signature and rank Date of issue. Mr ..... . 7 STATE LANDS REGULATIONS, 1962 Form 3 REPUBLIC OF GHANA THE STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 AUTHORITY (Name and rank) in accordance with Regulation..... . ........... is hereby authorized to make a valuation/an inspection of the following land (and building(s)) ....... .. . ....................................................................... . Date of issue. (description) Signature and rank Form 4 REPUBLIC OF GHANA THE STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 NOTICE To ......................... . (Name of occupier) Take notice that whereas the President has declared under section l of the State Lands Act, 1962, that the land (and build ingts) ...... . ....................................................................... .. (description contained in notice) is (are) required in the public interest, and whereas copies of the relevant instrument have been duly served, posted and published in accordance with section 2 of the Act, the land (and building(s) L.I. 230. L.I. 230. 8 STATE LANDS REGULATIONS, 1962 above described shall be entered and taken possession of by officers, servants and agents of the Republic on the........... . ....................... . day of.......... . ......................................... 196 ........................... . (and that you are required to remove by that day). Signature and rank Date of issue. Form5 THE STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 APPLICATION FOR A LEASE/LICENCE (delete where inapplicable) 1. Name of applicant. 2. Occupation of applicant. 3. Nationality (country of incorporation) of applicant. 4. Address of applicant. 5. Whether lease or licence desired. 6. Purpose for which land desired. 7. Approximate area required. 8. Situation of land desired. 9. Bankers reference (enclosed) (if more than £Gl,OOO is to be invested). 10. Particulars of recommendation by Minister of Industries (enclosed) if land desired for industrial purposes. 11. Particulars of recommendation by Minister· of Finance and Trade ( enclosed) if land desired for commercial purposes. 12. Particulars of appropriate permits (enclosed) if land desired for a petrol station. 13. Amount which applicant intends to invest in construction on and development of the site. 14. Whether applicant will u:e the building himself or whether the whole or pa:t of it will be sub-let. Signature of Applicant or of his Representative 9 STATE LANDS REGULATIONS, JY62 Form 6 REPUBLIC OF GHANA THE STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 REFERENCE OF APPEAL AGAINST ASSESSMENT OF COMPENSATION UNDER SECTION 4 (2) BY THE MINISTER TO THE TRIBUNAL (delete where inapplicab!e) IN the matter of land at .. (short description) and in the matter of the appeal(s) by .. (name(s)) against assessment of compensation/of the claims by .... WHEREAS the President has declared on the ..... . that the land ..... . (description) is required in the public interest, and (name(s)) (date) WHEREAS such land became vested in the President on behalf of the Republic on the ................ and, (date) WHEREAS the compensation that may be paid for the said land has been assessed at .. and (amount) WHEREAS (name(s)) is/are claiming a right(s) or (an) interest(s) in the said land and WHEREAS he/they has/have submitted in writing, copies of the claim(s) (enclosed), that he/they claim(s) the amount oL .... (amount) WHEREAS THEREFORE . ..... ........ . ........ as compensation, and (name(s)) is/are not satisfied with the assessed compensation Now THEREFORE, I, .. , Minister/an officer duly so empowered, refer the matter to the Tribunal and enclose a detailed calculation of the assessed com­ pensation. ACCRA, ..... . (date) Signature and rank L.I. 230. L.I. 230. 10 STATE LANDS REGULATIONS, 1962 Form 7 REPUBLIC OF GHANA STATE LANDS ACT, 1962 (ACT 125) THE STATE LANDS REGULATIONS, 1962 REFERENCE OF CONFLICTING CLAIMS UNDER SECTION 4 (2) BY THE MINISTER TO THE TRIBUNAL (delete where inapplicable) lN the matter of land at. (short description) and in the matter of the appeal(s) by...... . ...................... . (name(s)) against assessment of compensation/of the claims by ..... (name(s)) WHEREAS the President has declared on the ........... . that the land ... (description of land) is required in the public interest, and (date) WHEREAS the land described became vested in the President on behalf of the Republic on the........ . . .. ..... ..... ......... ........ ..... ..... ... . . , and (date of publication of instrument) WHEREAS (names of claimants) are claiming to have had rights or interests in the said land and have submitted to me claims in writing, copies of which are enclosed, and WHEREAS these claims or interests are conflicting~ and WHEREAS THEREFORE there is a dispute as to the rights or interests claimed, Now THEREFORE, I, .................................................. . Minister/a public officer duly so empowered, hereby refer the matter to the Tribunal. ACCRA, .... (date) S1gnawre and rank 11 STATE LANDS REGULATIONS, 1962 SECOND SCHEDULE Table of Fees Reg. 14 For preparation of a lease for residential purposes .. For preparation of a lease for commercial or indus­ trial purposes For preparation of a licence for access to a petrol filling station For preparation of any other licence For consent to assign or sub-demise a residential leasehold For consent to mortgage a residential leasehold .. For consent to assign or sub-demise the whole of an industrial or commercial leasehold For consent to mortgage an industrial or commercial leasehold For consent to sub-let part of industrial or com­ mercial premises £G 2 25 5 2 1 25 5 2 s. 0 0 0 0 0 0 0 0 0 K. A. OFORI AITA Minister of Justi<"e. Date of Gazette notification: 2nd Novemb;:r, 1962 d. 0 0 0 0 0 0 0 0 0 L.I. 230.