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LAWS OF GHANA

LANDS COMMISSION ACT, 2008 ACT 767

ARRANGEMENT OF SECTIONS

The Lands Commission

1. Establishment of the Lands Commission.

2. Headquarters, Regional and other branches or offices of the Commission.

3. Ministerial responsibility.

4. Objectives of the Commission.

5. Functions of the Commission.

6. Independence of the Commission.

7. Collaboration and co-ordination with other public bodies.

Composition, Qualifications and Appointment of Member

8. Composition of the Commission.

9. Membership of Regional Lands Commission.

10. Functions of a Regional Lands Commission.

11. Qualification for membership.

12. Tenure of office of members.

13. Resignation of members.

14.. Removal of members.

15. Filling of vacancies.

16. Meetings of the Commission or Regional Lands Commission.

17. Power to co-opt.

18. Appointment of committees.

Administration

19. Divisions of the Commission.

20. Functions of the Survey and Mapping Division.

21. Functions of the Land Registration Division.

22. Functions of the Land Valuation Division.

23. Functions of the Public and Vested Lands Management Division.

24. Appointment of Executive Secretary.

25. Secretariat of the Commission.

26. Functions of the Chief Executive Officer.

27. Deputy Executive Secretaries.

28. Directors of the Divisions of the Commission.

29. Solicitor Secretary to the Commission.

30. Internal Auditor.

31. Regional Lands Officer.

32. Other staff for the Commission and Regional Lands Commissions.

Financial and Miscellaneous Provision

33. Funds of the Commission.

34. Accounts and audit.

35. Annual report.

36. Access to information.

37. Offences.

38. Offences by bodies corporate.

39. Regulations.

40. Dissolution of specified bodies.

41. Transfer of assets, obligations and rights.

42. Interpretation.

43. Repeal and deletion.

44. Transitional and saving provisions.

45. Consequential amendments.

ACT 767

LANDS COMMISSION ACT, 20081(1)

AN ACT to establish the Lands Commission to integrate, subject to the Constitution, the operations

of public service land institutions under the Commission in order to secure effective and efficient

land administration and to provide for related matters.

1. Establishment of the Lands Commission

(1) There is established by this Act the Lands Commission in accordance with article 258 of the

Constitution.

(2) The Commission is a body corporate with perpetual succession, a common seal and may sue and

be sued in its corporate name.

(3) The Commission may for the performance of its functions acquire and hold movable and

immovable property and may 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

Commission under any relevant enactment on the acquisition of land by the State and the cost shall be

borne by the Commission.

2. Headquarters, Regional and other branches or office of the Commission

(1) The headquarters of the Commission shall be in Accra.

(2) The Lands Commission shall have a branch in each Region known as the Regional Lands

Commission for the performance of the functions specified in article 258 of the Constitution in respect of

the Region.

(3) The Commission may establish district offices in districts it may determine.

3. Ministerial responsibility

The Minister responsible for Lands has ministerial responsibility for the Lands Commission and may,

with the approval of the President, give general directions in writing to the Commission on matters of

policy in respect of the functions of the Commission and the Commission shall comply with the

directions.

4. Objectives of the Commission

The objectives of the Commission are to

(a) promote the judicious use of land by the society and ensure that land use is in accordance

with sustainable management principles and the maintenance of a sound eco-system; and

(b) ensure that land development is effected in conformity with the nation’s development goals.

5. Functions of the Commission

For the purpose of achieving its objectives, the Commission shall

(a) on behalf of the Government, manage public lands and any other lands vested in the

President by the Constitution or by any other law and any lands vested in the Commission;

(b) advise the Government, local authorities and traditional authorities on the policy framework

for the development of particular areas of the country to ensure that the development of

individual pieces of land is co-ordinated with the relevant development plan for the area

concerned;

land use suitability or capability;

(d) advise on, and assist in the execution of, a comprehensive programme for the registration of

title to land throughout the country;

(e) register deeds and instrument that affect land throughout the country;

(f) facilitate the acquisition of land on behalf of Government;

(g) establish standards for and regulate survey and mapping of the country;

(h) provide surveying and mapping services where necessary;

(i) license practitioners of cadastral survey;

(j) provide land and land related valuation services;

(k) ensure that through sound, sustainable land use planning, socio-economic activities are

consistent with sound land use through sustainable land use planning in the long term

national development goals;

(l) in collaboration with other bodies instil order and discipline into the land market through

curbing the incidence of land encroachment, unapproved development schemes, multiple or

illegal land sales, land speculation and other forms of land racketeering;

(m) in collaboration with other bodies minimise or eliminate, where possible, the sources of

protracted land boundary disputes, conflicts and litigations in order to bring their associated

economic costs and socio-political upheavals under control;

(n) promote community participation and public awareness at all levels in sustainable land

management and development practices to ensure the highest and best use of land;

(o) promote research into all aspects of land ownership, tenure and the operations of the land

market and the land development process;

(p) impose and collect levies, fees, charges for services rendered;

(q) establish and maintain a comprehensive land information system, and

(r) perform other functions the Minister may assign to it.

6. Independence of the Commission

Except as otherwise provided in the Constitution or in any other law the Commission shall not be

subject to the direction or control of any person or authority, in the performance of its functions.

7. Collaboration and co-ordination with other public bodies

(1) The Commission shall in the performance of its functions collaborate and co-ordinate with

(a) the Office of the Administrator of Stool Lands,

(b) the department responsible for town and country planning,

community-owned land or any other land, and

(d) other public agencies, government bodies and any other private body that has operations or

activities relevant to the functions of the Commission.

(2) In pursuance of subsection (1) (a), the Minister may by legislative instrument prescribe matters

relating to collaboration and co-ordination which may include

(a) development of a framework for productive use and management of stool lands and other

lands,

(b) methods for the generation and sharing of information and records on stool lands and other

lands,

where necessary their disbursement, and

(d) development and acquisition, including shared use of accommodation, equipment, staff,

records and the equitable sharing of related costs.

Composition, Qualifications and Appointment of Member

8. Composition of the Commission

(1) The Commission, shall in accordance with article 259 of the Constitution consist of

(a) the Chairman, who shall not be a Minister or a Deputy Minister;

(b) one representative of, and nominated by

(i) the National House of Chiefs;

(ii) the Ghana Bar Association;

(iii) the Ghana Institution of Surveyors;

(iv) each Regional Lands Commission;

(v) the department responsible for town and country planning;

(vi) the National Association of Farmers and Fishermen;

(vii) the Environmental Protection Agency; and

(viii) the Ministry responsible for Lands and Natural Resources; and

(2) The President shall in accordance with article 70 of the Constitution appoint the chairman and the

other members of the Commission.

(3) The President shall determine the salaries and allowances payable, the facilities and the privileges

available to the chairman and the other members of the Commission in accordance with article

71 (1) (d) (iv) of the Constitution.

9. Membership of a Regional Lands Commission

A Regional Lands Commission shall consist of the following persons appointed by the Minister

responsible for Lands:

(a) the chairman who shall not be a Minister or a Deputy Minister,

(b) one representative of, and nominated by,

(i) the Regional House of Chiefs,

(ii) each District Assembly within the Region, and

(iii) the department responsible for town and country planning,

(d) one nominee of the Ghana Institution of Surveyors practising in the Region,

(e) one nominee of the National Association of Farmers and Fishermen in the Region, and

(f) the Regional Lands Officer.

10. Functions of a Regional Lands Commission

(1) A Regional Lands Commission shall perform the functions of the Commission in respect of the

Region.

(2) The activities of a Regional Lands Commission shall be co-ordinated by the Commission.

(3) There shall be no disposition or development of any stool land unless the Regional Lands

Commission of the Region in which the land is situated has certified that the disposition or development

is consistent with the development plan drawn up or approved by the planning authority for the area

concerned.

(4) The Regional Lands Commission shall consult with the stools and other traditional authorities in

all matters relating to the administration and development of stool land and shall make available to them

all relevant information and data.

11. Qualification for membership

(1) A person does not qualify for appointment as a member of the Lands Commission or of a Regional

Lands Commission other than the Executive Secretary or the Regional Lands Officer unless the person is

qualified to be a member of Parliament, except that a person is not disqualified to be a member under this

section by reason only of the person being a public officer.

(2) A member of the Commission or a Regional Lands Commission who has a professional

qualification shall cease to be a member of the Commission or Regional Lands Commission if that

member

(a) is disqualified or suspended from practising that profession by an order of a competent

authority made personally in respect of that member, or

(b) ceases to be a member of the profession otherwise than at the request of that member.

12. Tenure of office of members

(1) The chairman and the other members of the Commission and the chairman and members of a

Regional Lands Commission, other than the Executive Secretary and a Regional Lands Officer, shall hold

office for a term of four years and may be eligible for re-appointment.

(2) The office of the chairman or any other member of the Commission or the chairman or any other

member of a Regional Lands Commission, other than the Executive Secretary and the Regional Lands

Officer, shall become vacant if that person

(a) ceases to hold office under subsection (1),

(b) becomes disqualified under section 11 (1),

(d) is removed from office by the President, or, in the case of a member of a Regional Lands

Commission, by the Minister for inability to perform the functions of office or for a stated

misbehaviour.

13. Resignation of members

(1) The chairman or any other member of the Commission may resign from office by notice addressed

to the President.

(2) The chairman or any other member of a Regional Lands Commission may resign from office by

notice addressed to the Minister.

14. Removal of members

(1) The chairman or a member of the Commission may be removed from office by the President for

inability to perform the functions of office or for a stated misbehaviour.

(2) The chairman or any other member of a Regional Lands Commission may be removed from office

by the Minister for inability to perform the functions of office or for a stated misbehaviour.

15. Filling of vacancies

(1) Where the chairman of the Commission or the chairman of a Regional Lands Commission dies,

resigns or is removed from office or is by reason of illness or any other sufficient cause unable to perform

the functions of office, the members of the Commission or of the Regional Lands Commission shall elect

one of their number to act as chairman until the chairman is able to perform the functions of office or until

a new chairman is appointed.

(2) Where a member of the Commission or of a Regional Lands Commission dies, resigns or

otherwise ceases to hold office, or is by reason of illness or any other sufficient cause unable to perform

the functions of office, the President or the Minister may appoint another person nominated by the body

concerned to act until the member is able to resume the performance of the functions of office or until a

new member is appointed.

(3) Where a person is elected as chairman or appointed a member to fill a vacancy, that person shall

hold office for the remainder of the term of the previous chairman or member and is eligible, subject to

the Constitution and this Act, for re-appointment, re-election or re-nomination.

16. Meetings of the Commission or Regional Lands Commission

(1) The Commission or a Regional Lands Commission shall meet at least once in every three months

for the dispatch of business at a time and place determined by the Commission or the Regional Lands

Commission.

(2) The quorum at a meeting of the Commission or of a Regional Lands Commission shall be one half

of the membership of the Commission or the Regional Lands Commission.

(3) The chairman shall preside at meetings of the Commission or the Regional Lands Commission,

and in the absence of the chairman a member of the Commission or the Regional Lands Commission

appointed by the members present from among their number shall preside.

(4) A member of the Commission or of a Regional Lands Commission who is absent without

sufficient reason from three consecutive meetings ceases to be a member of the Commission or of the

Regional Lands Commission.

(5) The validity of the proceedings of the Commission or of a Regional Lands Commission shall not

be affected by a vacancy in its membership or a defect in the appointment or qualification of a member.

(6) Questions before the Commission or of a Regional Lands Commission shall be decided by a

majority of the members present and voting.

(7) The chairman or the person presiding at a meeting of the Commission or of a Regional Lands

Commission shall in the event of equality of votes have a casting vote.

(8) The chairman of the Commission or of the Regional Lands Commission shall summon a special

meeting of the Commission or the Regional Lands Commission within fourteen days of the receipt of a

written request for the special meeting signed by not less than four members of the Commission or the

Regional Lands Commission.

(9) Except as provided in this Act, the Commission or a Regional Lands Commission shall regulate

the procedure at its meetings.

17. Power to co-opt

The Commission or a Regional Lands Commission may co-opt a person to act as an adviser at its

meetings but a co-opted person is not entitled to vote at the meeting.

18. Appointment of committees

The Commission or a Regional Lands Commission may appoint a committee composed of members or

non-members or both to assist in the performance of its functions, except that a committee composed

entirely of non-members may only advise the Commission or a Regional Lands Commission.

Administration

19. Divisions of the Commission

The Commission shall have the following divisions:

(a) Survey and Mapping,

(b) Land Registration,

(d) Public and Vested Lands Management, and

(e) any other Division the Commission may determine.

20. Functions of the Survey and Mapping Division

The Survey and Mapping Division has the following functions:

(a) supervise, regulate and control the survey and demarcation of land for the purposes of land

use and land registration;

(b) take custody of and preserve records that relate to the survey of any parcel of land;

engineering surveys;

(d) co-ordinate the preparation of plans from the data derived from survey and any amendment

of the plans;

(e) co-ordinate the production of photogrammetric surveys including aerial photography,

orthophotomapping, and remote sensing;

(f) survey, map and maintain the national territorial boundaries including maritime boundaries;

(g) supervise and regulate operations that relate to survey of any parcel of land;

(h) develop and maintain the national geodetic reference network for the country;

(i) supervise, regulate, control and certify the production of maps; and

(j) other functions determined by the Commission.

21. Functions of the Land Registration Division

The functions of the Land Registration Division include

(a) publication of notices of registration upon receipt of an application for registration;

(b) registration of title to land and other interests in land;

registration districts;

(d) maintaining land registers that contains records of land and other interests in land,

(e) other functions determined by the Commission.

22. Functions of the Land Valuation Division

The functions of the Land Valuation Division include

(a) assessing the compensation payable upon acquisition of land by the Government;

(b) assessment of stamp duty;

(d) preparation and maintenance of valuation list for rating purposes;

(e) valuation of interests in land or land related interests for the general public at a fee;

(f) valuation of interests in land for the administration of estate duty; and

(g) other functions determined by the Commission.

23. Functions of the Public and Vested Lands Management Division

The functions of the Public and Vested Lands Management Division include

(a) facilitating the acquisition of land for Government;

(b) managing state acquired and vested lands in conformity with approved land use plans; and

24. Appointment of Executive Secretary

(1) There shall be an Executive Secretary of the Commission who shall be appointed by the President

in accordance with the advice of the Commission given in consultation with the Public Services

Commission.

(2) The Executive Secretary is the Chief Administrator and the Chief Executive Officer of the

Commission.

25. Secretariat of the Commission

(1) There shall be a secretariat of the Commission which shall include the following:

(a) Client Service Access Unit,

(b) General Management and Logistics Unit,

(d) Monitoring and Evaluation Unit,

(e) Finance Unit,

(f) Human Resource Unit,

(g) Internal Audit Unit,

(h) Legal Affairs Unit,

(j) Land Information Unit,

(k) Public Relations Unit, and

(l) other units, sub-units or departments the Commission may determine.2(2)

(2) The Units and departments shall operate under the Chief Executive Officer.

(3) The details of the functions of the Units and departments shall be determined by the Chief

Executive Officer in consultation with the heads of Divisions and approved by the Commission.

26. Functions of the Chief Executive Officer

(1) The Chief Executive Officer is responsible for the day-to-day administration of the affairs of the

Commission and the implementation of the decisions of the Commission subject to the general directions

of the Commission.

(2) The Chief Executive Officer may delegate any of the functions of the Chief Executive Officer to

an officer of the Commission but is not relieved from ultimate responsibility for the performance of the

delegated functions.

(3) The Chief Executive Officer is responsible for the direction and supervision of the employees of

the Commission.

27. Deputy Executive Secretaries

(1) The Commission shall have two Deputy Executive Secretaries appointed by the President in

accordance with article 195 of the Constitution.

(2) The Deputy Executive Secretaries shall perform such functions as may be assigned to them by the

Commission.

28. Directors of the Divisions of the Commission

(1) There shall be appointed by the President under article 195 of the Constitution a director for each

Division of the Commission.

(2) A director of a Division answers to the Chief Executive Officer in the performance of functions.

29. Solicitor Secretary to the Commission

(1) The Commission shall have a Solicitor Secretary who shall be the head of the Legal Affairs Unit

of the Commission.

(2) The Solicitor Secretary shall be the secretary to the Commission and shall subject to the directions

of the Chief Executive Officer, arrange the business and arrange to be recorded and kept minutes of

meetings of the Commission.

(3) The Solicitor Secretary shall also perform functions the Commission may through the Chief

Executive Officer direct or the Chief Executive may in writing assign to the Solicitor Secretary.

30. Internal Auditor

(1) There shall be appointed for the Commission or a Regional Lands Commission an Internal

Auditor.

(2) The Internal Auditor is answerable to the Chief Executive Officer or the Regional Lands Officer in

the performance of the functions of Internal Auditor.

31. Regional Lands Officer

(1) There shall be appointed in accordance with article 195 of the Constitution a Regional Lands

Officer for each Regional Lands Commission.

(2) Subject to the directions of the Chief Executive Officer, a Regional Lands Officer shall perform in

the Region, the functions of the Chief Executive Officer.

32. Other staff for the Commission or a Regional Lands Commission

(1) There shall be appointed by the President under article 195 of the Constitution other staff that the

Commission, a Regional Lands Commission or a District Lands Commission may require.

(2) Other public officers may be seconded or transferred to the Commission.

Financial and Miscellaneous Provisions

33. Funds of the Commission

The funds of the Commission include,

(a) moneys that Parliament may provide the Commission for the performance of its functions,

(b) moneys received by the Commission from any other source approved by the Minister and the

Minister for Finance and Economic Planning,

charges or fees under this Act and any other enactment for services rendered by the

Commission.

34. Accounts and audit

(1) The Commission shall keep books of accounts and proper records in relation to those accounts in a

form approved by the Auditor-General.

(2) The Commission shall not later than three months after the end of the financial year, submit for

audit by the Auditor-General its books and records of account.

(3) The Auditor-General shall not later than three months after the submission under subsection (2)

audit the books and records of accounts and submit a report to Parliament.

(4) The financial year of the Commission is the same as the financial year of Government.

35. Annual report

(1) The Commission shall as soon as possible after the expiration of each financial year but within six

months after the end of the preceding financial year, submit to the Minister an annual report that deals

generally with the activities of the Commission.

(2) The report shall include

(a) a copy of the audited accounts of the Commission together with the Auditor-General’s report

on it, and

(b) any other information required by the Minister.

(3) The Commission shall submit to the Minister any other reports on its activities required by the

Minister.

(4) The Minister shall as soon as possible but not later than three months after receiving the annual

report lay the report before Parliament with comments the Minister considers necessary.

36. Access to information

For the purpose of performance of its functions, the Commission or a Regional Lands Commission

shall have access to information and records of any department of State which are reasonably necessary

for the purpose.

37. Offences

A person who

(a) on request by the Commission or a Regional Lands Commission for information deliberately

or negligently submits a false or misleading statement, or

(b) upon due notice refuses without reasonable excuse to give information or provide a

document which the Commission or a Regional Lands Commission reasonably requires for

the purposes of its functions, or

the Commission or a Regional Lands Commission authorised on to the business or other

premises or otherwise obstructs inspection which has been authorised by the Commission or

a Regional Lands Commission,

commits an offence and is liable on summary conviction to a fine not exceeding two hundred penalty

units or to a term of imprisonment not exceeding six months or to both.

38. Offences by bodies corporate

(1) Where an offence under this Act or Regulation made under this Act is committed by a body of

persons

(a) in the case of a body corporate, other than a partnership, every director, manager, secretary

or officer of similar status of that body corporate shall be deemed to have committed that

offence;

(b) in the case of a partnership, every partner or officer of similar status shall be deemed to have

committed that offence.

(2) A person shall not be convicted of an offence under subsection (1) if it is proved that the act was

committed by another person without the consent or connivance of that person and that due diligence was

exercised to prevent the commission of that act as ought to have been done having regard to the

circumstances.

39. Regulations

The Minister in consultation with the Commission may by legislative instrument make Regulations

(a) on standards for survey, mapping, aerial photography and remote sensing,

(b) relating to registration of titles and deeds,

(d) relating to sustainable land management,

(e) providing for fees and charges required to be paid under this Act, and

(j) generally for the full and effective implementation of the provisions of this Act.

40. Dissolution of specified bodies

The following agencies and offices in existence immediately before the coming into force of this Act

are hereby dissolved

(a) the Survey Department;

(b) the Land Valuation Board;

(d) the Land Registry; and

(e) the Lands Commission.

41. Transfer of assets, obligations and rights

Subject to section 43 (2) the assets, records, rights, obligations and liabilities of

(a) the Lands Commission;

(b) the Survey Department;

(f) the Land Title Registry; and

(g) the Lands Registry in existence immediately before the coming into force of this Act, are

transferred to the Commission established under section 1.3(3)

42. Interpretation

In this Act, unless the context otherwise requires,

“Chief Executive Officer” means the Executive Secretary,

“Commission” means the Lands Commission established under section 1,

“Minister” means the Minister responsible for Lands;

“traditional authority” includes a House of Chiefs or a council or body established or recognised

under the customary law as a traditional authority.

43. Repeal and deletion

(1) The Lands Commission Act, 1994 (Act 483) is repealed.

(2) The Civil Service (Structure) Regulations 1961 (L.I. 139) is amended by the deletion of “Surveys

Division” in the First Schedule, Part II under the heading Ministry of Works and Housing.

44. Transitional and saving provisions

(1) The President shall, in accordance with the advice of the Commission given in consultation with

the Public Services Commission and within a period the President shall determine upon the coming into

force of this Act, transfer to the Commission established under this Act such number, as the President

may determine, of personnel employed immediately before the coming into force of this Act for the

Lands Commission, the Land Title Registry, the Lands Registry, the Survey Department and the Lands

Valuation Board.

(2) Where a person to whom subsection (1) applies is not transferred under the subsection the

appointing authority shall deal with the appointment as he considers fit including payment of the

applicable retirement benefits and severance awards.

(3) The President may delegate his power under subsections (1) and (2) to the Commission or a

member of the Commission or to any public officer.

(4) A transfer to the Commission shall for the purposes of pension or other retirement benefits

constitute a continuous service in the public service.

(5) The terms and conditions of service of a person transferred to the Commission under subsection

(1) shall not be less favourable than those applicable to him immediately before the coming into force of

this Act.

(6) Despite the repeal of the Lands Commission Act, 1994 (Act 483), every statutory instrument made

under it and every right, authorisation, permit, licence or certificate granted under the Act and in force

immediately before the coming into force of this Act shall continue in force as if made or granted under

this Act.

(7) Despite the repeal of the Lands Commission Act, 1994 (Act 483), the Chairman and members of

the Lands Commission and the Regional Lands Commission may continue to hold office for the

unexpired period of their statutory appointment term subject to the powers of the President and the

Minister, provided for in article 264 (2) (c) of the Constitution.

45. Consequential amendments

On the coming into force of this Act, unless the context otherwise requires, a reference in

(a) the Land Registry Act 1962 (Act, 122),

(b) the Survey Act 1962 (Act, 127),

(d) any other legislation in force

to“Land Registry”; “Land Title Registry”, “Chief Registrar of Lands”, “Registrar of Lands”, “Land

Registrar”, “Director of Survey”, “Survey Department”, “Survey Division”, “official surveyor” or “Land

Valuation Board” shall be deemed to be a reference to the Commission and the provision concerned shall

be read with the necessary modifications.

Endnotes

1 (Popup - Footnote)

1. This Act was assented to on 4th December, 2008 and notified in the Gazette on 12th December, 2008.

2 (Popup - Footnote)

2. Editorial Note: Numbering as per original Gazette

3 (Popup - Footnote)

3. Editorial Note: Numbering as per original Gazette.