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State Property and Contract Act, 1960

Act of the Constituent Assembly 6 of 1960

State Property and Contract Act, 1960
This is the latest version of this Act of the Constituent Assembly.
Citation
Act of the Constituent Assembly 6 of 1960
Date
1 July 1960
Language
English
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Ghana

State Property and Contract Act, 1960

Act of the Constituent Assembly 6 of 1960

  • Published in Ghana Gazette
  • Assented to on 29 June 1960
  • Commenced on 1 July 1960
  • [This is the version of this document from 1 July 1960.]
AN ACT to make provision for the vesting of all property hitherto vested in Her Majesty the Queen in the Re­public of Ghana and other matters connected therewith.
WHEREAS by section 2 of the Constituent Assembly and Plebiscite Act, 1960 (No. 1) this Constituent Assembly is authorised to enact such provisions for or in connection with the establishment of a new Constitution as it thinks fit;AND WHEREAS it is expedient to enact the provisions hereinafter appearing in consequence of the enactment of the Constitution;NOW THEREFORE be it enacted by the Constituent Assembly as follows:—

Part I – State property

1. Vesting of property

(1)Any property vested in the Crown as trustee for the Public Service of Ghana and whether situate in or outside Ghana shall, on the coming into operation of this Act, vest without any further authority than this section in the President in trust for and on behalf of the people of Ghana for the Public Service of the Republic of Ghana.
(2)In any proceedings relating to property where the Crown is a party, pending before a Court of competent jurisdiction at the commencement of this Act, there is hereby substituted for the Crown the Attorney-General for and on behalf of the Republic.

2. References to the Crown

Where in any Act provision is made that property shall be controlled or conveyed or surrendered to and become vested absolutely or otherwise in, and held by the Crown that property shall vest in the President in trust for the Public Service of the Republic of Ghana; and accordingly in any such Act references to “Her Majesty the Queen”, “Her Majesty the Queen in trust for the Public Service of Ghana”, “Crown ownership” and “the Governor-General” shall be construed as a reference to “the President in trust for the Public Service of the Republic” or “Republic ownership” as the case may be.

3. Power to acquire and vest property

Whenever it is provided in any Act that the Crown may or shall acquire property and then vest the property so acquired in an authority that power shall, on the coming into operation of this Act be exercisable by the President.

4. Acquisition for public purposes

(1)Where any property is required for the Public Service the President may by notice in the Gazette declare that the property specified in the notice is required for the Public Service.
(2)Whenever a declaration is made under the provisions of the preceding subsection the Minister may enter into agreement with the owner and all parties having an estate or interest in the property for the absolute purchase for a consideration in money, or for some other property in exchange, of the property so required.
(3)The Minister shall on the conclusion of the agreement made in pursuance of the provisions of the immediately preceding subsection pay reasonable compensation for the property and accordingly on the payment of the compensation the property so required shall become vested in the President in trust for the Public Service of the Republic.
(4)A copy of the notice published in the Gazette may—
(a)be served personally on the person entitled to sell or interested in the property; or
(b)be left at his usual place of abode or business with some inmate thereof;
and shall, in any case, be affixed at a convenient place on the property specified in the notice and published on three consecutive occasions in a newspaper circulating in the district where the property is situate.

5. Acquisition for industrial purposes

For the purposes of industrial development, the Minister may by executive instrument declare any area of land in a Region to be an industrial area; and accordingly on the making of an instrument by the Minister, the provisions of this Part of this Act shall apply to such area of land as if the instrument made under this section had been a declaration made under section 4 of this Act.

6. Lease by Minister

The Minister may enter into a lease with any person desirous of setting up an industrial undertaking in any area of land acquired by Government under the provisions of the immediately preceding section.

7. Parties entitled to sell and convey

(1)Any person seised, possessed or entitled to any property or any estate or interest therein required for the Public Service of the Republic, may sell, grant or convey the property or estate or interest therein to the Minister.
(2)The power to sell, grant and convey the property may be exercisable by the person concerned for and on behalf of himself and for and on behalf of his heirs, executors, administrators and successors and on behalf of any person entitled in reversion, remainder or expectancy after him or in defeasance of the estate of such person and any other person seised or possessed of the property upon any species of trust to the use of persons under a disability or otherwise for and on behalf of the cestuis que trust to the same extent as the cestuis que trust could respectively have done if there had been no disability.

8. Claims

(1)On the publication of a declaration under the provisions of section 4 of this Act any person having an interest or claim in the property shall within three months from the date of the publication inform in writing the Chief Lands Officer of the extent or otherwise of his interest or claim in the property.
(2)At the expiration of three months after the publication of the said notice the Chief Lands Officer shall, within six months of the expiration, agree with the parties concerned for the conveyance to the Minister of the property and the amount to be paid in respect of the property.

9. Settlement of claims

Where there is a dispute as to the ownership of the property, the insufficiency of evidence of ownership, the amount to be paid in respect of the property or separate and conflicting claims in the same property and every other case of disputed interest or title the following provisions shall apply, that is to say—
(a)a Judge of the High Court of Justice shall have power to hear and determine the ownership and all other disputes or matters relating to the interest or title in the property;
(b)the Chief Lands Officer shall, not less than seven days before the time appointed for the hearing and determination of the claim, serve a notice in writing upon any person who may have claimed any interest in respect of the property, calling upon him to prove his claim to or interest in, the property and the value thereof. Where the owner of the property cannot be found the notice shall be served Upon his agent or representative and if the agent or the representative cannot be found the notice shall be fixed to a conspicuous part of the property and to the Court House of the district;
(c)where any party to the proceedings under this section fails to appear for the hearing a decision may be given ex parte upon the hearing of evidence adduced on behalf of the Minister and the decision shall be deemed to be a decision given after a full hearing in the presence of all parties;
(d)a decision given under the provisions of this section shall be subject to appeal to the Supreme Court.

10. Appeals

(1)A person aggrieved by the decision of a Judge under the provisions of the immediately preceding section shall give notice of appeal within seven days from the date of the decision to any party affected by the decision.
(2)Appeals under this section shall be conducted in accordance with the provisions relating to appeals from the High Court of Justice to the Supreme Court.

11. Rules for compensation

In determining the amount of compensation to be awarded for property acquired under the provisions of this Act, the Court shall act in accordance with the following rules—
(1)Compensation shall be awarded in respect of—
(a)the market value of the property acquired which shall be taken to be the amount which the property might have been expected to realize if sold in the open market by a willing seller at the date of the declaration under section 4 of this Act;
(b)any damage sustained at the time of and by reason of the acquisition by any person having an interest in the property acquired by reason of the severing of such property from any other property of such person;
(c)any damage sustained at the time of and by reason of the acquisition by any person having an interest in the property acquired by reason of such acquisition injuriously affecting any other adjoining property in which such person has an interest;
(d)the reasonable expenses incidental to any change of residence or place of business of any person having an interest in the property acquired made necessary by the acquisition:Provided that where the property is, and but for the acquisition would continue to be of such a nature that there is no general demand or market for property for that purpose, the compensation may, if the Court is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement, and in every such case compensation shall not be awarded under the provisions of sub-paragraph (a) or (d) of this paragraph, but shall, where the circumstances permit be awarded under the provisions of sub-paragraphs (b) and (c) of this paragraph;
(e)the reasonable expenses incurred in the employment of a person qualified in land valuation and costing of buildings.
(2)In determining the compensation to be awarded, the Court shall not take into consideration any increase in the market value of the property acquired by reason of any improvements made thereto within a period of two years immediately preceding the date of the declaration under section 4 of this Act, unless it be proved that such improvement was made bona fide and not in contemplation of proceedings being taken for the acquisition of the property under this Act.

12. Payment of compensation

(1)The decision of the Court respecting compensation, or in case of disputed interest or title as aforesaid or of the Supreme Court where appeal has been taken, shall be final and conclusive as respects all persons whatsoever.
(2)Any compensation awarded under the provisions of this Act may be paid over to the person who shall appear by the judgment of the Court or of the Supreme Court where appeal has been taken to have the best right thereto, and such payment shall, as concerns the President, operate as complete discharge and acquaintance of such compensation and of all claims in respect of the property or any interest therein, but shall not hinder any subsequent proceedings at the instance of any person having or alleging better right thereto as against the person to whom such payment may have been made.

13. Form of conveyances Form A

(1)Conveyances of property purchased under this Act may be in the Form A of the Schedule to this Act, or as near thereto as may be, or by deed in any other form which the President may think fit.
(2)Every conveyance made according to the form in the Schedule to this Act, or as near thereto as may be, shall vest the property thereby conveyed in the President in trust for the Public Service and shall operate to bar and to destroy all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever of and in the property comprised in such conveyance.

14. Certificate of tittle

The Chief Lands Officer on behalf of the President shall, at any time on production in the High Court of a conveyance to any property or at any time after the date of the declaration under section 4 of this Act be entitled to receive a certificate of title to the property described in the said conveyance or declaration which certificate may be in the Form B of the Schedule, and shall have the following effects and qualities, that is to say—
(1)the certificate shall not be questioned or defeasible by reason of any irregularity or error or defect in the declaration, or the want of declaration, or of any other irregularity, error, or defect in the proceedings previous to the obtaining of the certificate;
(2)it shall confer on the President and his successors in office to whom the certificate shall be given, an absolute and indefeasible right to the property comprised or referred to therein against all persons, and free from all adverse or competing rights, titles, interests, trusts, claims, and demands whatsoever;
(3)if possession of the property is withheld by any person, the Chief Lands Officer on behalf of the President may obtain from any Court a warrant of possession (which may be in the Form C of the Schedule) under which any officer of the Sheriff or constable may forth with eject any person so withholding possession, and the President, or any person authorised by him, may enter upon and possess the said property;
(4)the production of the certificate of title shall be held in every Court to be an absolute bar and estoppel to any action or proceeding by which the right of the President to the property therein described is sought to be impugned or questioned:
Provided that the Court, on application by motion by the Chief Lands Officer on behalf of the President, may for good cause shown and on such terms as to the Court may seem just, rescind or vary any certificate of title which the Court may have granted, or which may have been granted by the Regional Commissioner under the provisions of the Administration (Ashanti) Ordinance (Cap. 110); whereupon the certificate of title shall become void of effect or shall have effect as so varied, as the case may be.A certified true copy of an order made by the Court under this proviso shall be deemed to be a “Judge's Certificate” for the purposes of the Land Registry Ordinance (Cap. 133).

15. Execution and custody of instruments

(1)All documents, grants, conveyances, leases and other instruments whereby property is affected which is or have been or which may become vested in the President or in any person in trust for the Public Service or whereby any title to property is or has been or may become vested in the President or in any person in trust for the Public Service shall be deemed to be duly and validly executed if they bear the seal of the Lands Department and are signed by the Minister or some other person authorised by him.
(2)All such documents, grants, conveyances, leases and other instruments, or the counterpart or duplicate orginal thereof, as the case may be, shall be retained by the Chief Lands Officer in the records of the Lands Department.
(3)A copy of any such document, grant, conveyance, lease or other instrument certified under the hand of the Chief Lands Officer or an Assistant Chief Lands Officer to be a true copy shall be admissible in evidence in all causes and matters and between all persons and parties to the same extent as the original would be admissible; and the production of the original in evidence shall not be necessary except by order of the Court made for special cause.

16. Parties in possession as owners deemed entitled to property

In all cases where any question shall arise respecting the title to any property to be acquired under this Act the parties in possession of the property as being the owners thereof at the time of the property being purchased or taken shall be deemed to have been lawfully entitled to the property unless the contrary be shown to the satisfaction of the Court, and the parties shall be entitled to receive the purchase money or compensation for the property, but without prejudice to any subsequent proceedings against the parties at the instance of any person having or alleging a better right thereto.

17. President exonerated upon payment

The payment to and the receipt of any person to whom any purchase money or compensation shall be paid, shall effectually discharge the President from seeing to the application or being answerable for the misapplication thereof:Provided always that where any person is in possession in virtue of any estate less than an estate of inheritance or in any fiduciary or representative character, the President may cause payment of the purchase money or compensation to be made to such persons, and in such proportions and instalments, and after such notices as the Court may direct.

18. Entry for survey

(1)The President, or any person authorised by him, may enter upon any property for the purpose of surveying or taking levels of, or of inspecting or valuing the property, or boring to ascertain the nature of the soil or other purposes of the like nature, the owner or occupier being entitled to compensation for actual damage, if any, occasioned in the course of such operations.
(2)In case of any dispute respecting the amount of such compensation, it shall be determined by the assessment of a lands officer of the Lands Department and the assessment shall be referred to the Minister whose decision thereon shall be final.

19. Regulations

The President may by legislative instrument make regulations for carrying into effect the provisions of this Part of this Act.[Amended by Act 123 s. 32]

Part II – Contracts

20. Power to contract

(1)It shall be lawful for the Minister responsible for a subject or department, or some other person authorised by him, to execute a contract for and on behalf of the Republic on any matter falling within his portfolio.

21. Tender for works and supplies

The President may by legislative instrument make regulations relating to—
(a)the setting up and powers of advisory tender boards;
(b)the procedure to be followed by advisory tender boards in the award of tenders;
(c)the procedure for the signing of contracts; and
(d)the numbering, distribution and payments due under contracts.

22. Forms of contracts

(1)The Attorney-General may draw up standard forms of agreement and conditions for contracts and accordingly where such forms are applicable they shall be used in all contracts for the Republic without reference to the Attorney-General but with the approval of the Minister.
(2)All contracts may be examined and approved by the Attorney-General unless otherwise provided by the provisions of the preceding subsection.

23. Retention by Archivist

(1)The original copy of any contract or agreement entered into for and on behalf of the Republic shall be kept by the Government Archivist.
(2)A copy of the contract or agreement certified under the hand of the Government Archivist to be a true copy shall be admissible in evidence in all causes and matters and between all persons and parties to the same extent as the original would be admissible; and the production of the original in evidence shall not be necessary except by order of the Court made for special cause.

24. Penalties

(1)Penalties incurred under a contract against the Republic shall be paid under a certificate of the Minister responsible for Finance.
(2)Penalties recovered for the Republic under a contract shall be paid into the Consolidated Fund subject to the directions of the Minister responsible for Finance.

25. Legal proceedings

Legal proceedings for or against the Republic under this Part of this Act shall be conducted in accordance with the provisions of any enactment for the time being in force.

Part III – Miscellaneous

26. Repeals

Section 5 of the Administration (Northern Region) Ordinance (Cap. 111), the Public Lands Ordinance, (Cap. 134), the Public Lands (Vesting and Transfer of Powers) Ordinance (Cap. 135), the Public Lands (Leasehold) Ordinance (Cap. 138) and the Land and Native Rights Ordinance (Cap. 147) are hereby repealed.

27. Interpretation

In this Act unless the context otherwise requires—“Crown” includes Her Majesty, and the Governor-General;“property” means movable or immovable property including lands, buildings and leases;“Minister” means the Minister responsible for lands.

28. Commencement

This Act shall come into operation at the same time as the Constitution.

Schedule

Form A – Conveyance (Section 13)

Form B – Certificate of Title (Section 14)

Form C – Warrant of possession (Section 14 (3))

History of this document

01 July 1960 this version
Commenced
29 June 1960
Assented to
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