Concessions Act, 1962 Act 124 (Revised)

ACT 124
Concessions Act, 1962
ACT 124
CONCESSIONS ACT, 1962
ARRANGEMENT OF SECTIONS
SECTION
1. The Ordinance except ceitain provisions, to cease to apply to stool lands. 2. Certain existing concessions to continue in force. 3. Determination of existing concessions by Tribunal. 4. Modification of terms of concession. 5. Cancellation of concession by the President. 6. Powers of the President in respect of recommendations. 7. Tribunal to reserve questions of law for consideration of the Supreme Court. 8. Constitution of Tribunal. 9. Appointment of attorneys for non-resident persons. 10. Rents for mining concessions. 11. Option to be determined. 12. Transmission of decisions. 13. Assignments, of concessions invalid without the Minister’s consent. 14. Regulations. 15. Pending matters. 16. Forest reserves and timber concessions. 17. Interpretation. ACT 124
CONCESSIONS ACT, 19621
AN ACT to provide that the provisions of the Concessions Ordinance shall cease to
apply in respect of stool lands, to continue in force certain existing concessions
subject to their terms and to provide for purposes connected therewith or inci
dental thereto. 1.

s, to continue in force certain existing concessions
subject to their terms and to provide for purposes connected therewith or inci
dental thereto. 1.

The Ordinance except certain provisions, to cease to apply to stool lands
Subject as provided in this Act, the Concessions Act, 19392, other than section 30,
Part 4 and section 40, shall cease to apply to stool lands with effect from the date of the
commencement of this Act. 1. This Act was assented to on 14th June, 1962. 2. The Concessions Ordinance Cap. 136ofthe 1951 Edition of the Laws of the Gold Coast. Ill-751 [Issue 1]

This Act was assented to on 14th June, 1962. 2. The Concessions Ordinance Cap. 136ofthe 1951 Edition of the Laws of the Gold Coast. Ill-751 [Issue 1]

ACT 124
Concessions Act, 1962
2. Certain existing concessions to continue in force
A concession in respect of a stool land which is in force on the day immediately be
fore the date of the commencement of this Act shall continue in force on and after that
date according to the terms of the concession; but
(a) the terms may be varied by agreement between the parties to the conces
sion, subject to the written consent of the Minister; and to article 267 of the
Constitution,
(b) a person authorised by the Minister may use for any purpose a road made
on a land specified in the concession and may enter and inspect the land for
a purpose which the Minister thinks appropriate. 3.

y purpose a road made
on a land specified in the concession and may enter and inspect the land for
a purpose which the Minister thinks appropriate. 3.

Determination of existing concessions by Tribunal
(I) The Minister may at any time apply to the Tribunal to determine a concession re
ferred to in section 2 if the Minister is satisfied that
(a) there has been a breach of any of the terms of the concession; or
(b) two or more holders of a concession whether individuals or corporations
are so intimately related to each other in respect of a substantial unity of di
rectorate, or financial control, or otherwise, that the commercial interests of
both or all are in substance bound with one another, and therefore they can
be deemed to be one person for the determination of the area of land which
that person is legally entitled to hold under the law in force at the time of
the application of the Minister; or
(c) a holder of a concession unreasonably withholds consent to a variation of
any of the terms of the concession which in the opinion of the Minister
have become oppressive by reason of a change in economic conditions; or
(d) a holder of a concession has lost the financial ability to develop the conces
sion, or a holder of a concession not resident in Ghana has not appointed an
attorney so resident in accordance with section 9; or
(e) the land specified in the concession has not been developed or used in ac
cordance with the object for which the concession was granted during the
eight years preceding the application of the Minister; or
(f) the limits as to area prescribed under the law in force at the time of the
grant of the concession have been exceeded.

ication of the Minister; or
(f) the limits as to area prescribed under the law in force at the time of the
grant of the concession have been exceeded.

(2) The Tribunal on an application made by the Minister under subsection (1), shall,
within three months of the application, after calling and hearing the relevant evidence and
subject to section 7, make a recommendation to the Minister, if the Tribunal is satisfied
that any of the conditions specified in subsection (1) has been fulfilled, that the conces
sion shall be determined. 4. Modification of terms of concession on
(1) The Minister may at any time apply to the Tribunal for a modification of the
terms of a concession referred to in section 2 if the Minister is satisfied that the limits
relating to term or area which have been prescribed under the law in force at the time of
the application of the Minister and appropriate to the concession have been exceeded. (Issue 1] in-752

rescribed under the law in force at the time of
the application of the Minister and appropriate to the concession have been exceeded. (Issue 1] in-752

ACT 124
Concessions Act, 1962
(2) The Tribunal on an application made by the Minister under subsection (1) shall
within one month of the application, notify the holder of the concession of the fact of, and
reason for, the application and request the holder to select within three months of the no
tification the boundaries of the area the Minister is desirous of retaining in the event of
the Tribunal deciding to restrict the area of the concession. (3) Where, within the three months referred to in subsection (2), the holder of the
concession does not select the boundaries referred to in that subsection, the Tribunal shall
notify the fact to the Minister and the Minister within one month of the notification, shall
select the boundaries of the area which in the opinion of the Minister the holder should
retain and recommend the boundaries so selected to the Tribunal.

ect the boundaries of the area which in the opinion of the Minister the holder should
retain and recommend the boundaries so selected to the Tribunal.

(4) The Tribunal in fixing the area for the purpose of this section shall take into ac
count the boundaries selected by the holder of the concession only if
(a) it is satisfied that the holder of the concession has furnished adequate evi
dence that the holder has used the area within those boundaries in accor
dance with the terms of the concession, or
(b) it is satisfied that the holder intends to commence the use within two years
from the date of the application of the Minister under subsection (1). (5) Where the Tribunal is satisfied that condition (a) or condition (b) of subsection (4)
has not been fulfilled, and, accordingly, does not take into account the boundaries se
lected by the holder of the concession, it shall request the Minister, within one month of
the request, to select the boundaries that the holder should retain and recommend the
boundaries so selected to it.

the Minister, within one month of
the request, to select the boundaries that the holder should retain and recommend the
boundaries so selected to it.

(6) The Tribunal, within three months from the date of the selection of the boundaries
by the Minister or, if the boundaries selected by the holder satisfy the Tribunal, by the
holder of the concession, after calling and hearing relevant evidence and subject to sec
tion 7, shall make a recommendation modifying the concession in respect of term or area. 5. Cancellation of concession by the President
(1) Subject to this section, the President may cancel a concession held by any of the
persons referred to in subsection (5), if the President considers that it is or may prove
prejudicial to public safety or interests. (2) The cancellation shall have effect despite anything to the contrary in any other
law. (3) A person affected by the cancellation of a concession may apply to the Minister,
within three months of the date of the cancellation for transmission to the Tribunal for the
making of an order in settlement of the variation of rights between the parties to the con
cession resulting from the cancellation, if in its opinion the circumstances and justice of
the case so require.

rights between the parties to the con
cession resulting from the cancellation, if in its opinion the circumstances and justice of
the case so require.

(4) The Minister, on an application made under subsection (2) shall transmit the ap
plication, within one month from the date of its receipt to the Tribunal. (5) The Tribunal shall, within three months of the cancellation of the concession by
the President, after calling and hearing the relevant evidence and subject to section 7,
make the order referred to in subsection (2). Ill - 753 [Issue 1]

President, after calling and hearing the relevant evidence and subject to section 7,
make the order referred to in subsection (2). Ill - 753 [Issue 1]

ACT 124
Concessions Act, 1962
(6) The persons referred to in subsection (1) include
(a) an individual who is not a citizen within the meaning of the Citizenship
Act, 2000 (Act 591),
(b) a body corporate
(i) which is not incorporated or registered in Ghana, or
(ii) the effective control of the operations of which is in the hands of
those individuals, and
(c) a partnership or a union or an association of partners or bodies corporate, a
partner or body corporate being a person as defined in this subsection. 6. Powers of the President in respect of recommendations
(1) The Minister shall within fourteen days of the receipt of a recommendation under
section 3 or section 4 submit the recommendation to the President, who may by order
confirm or vary the terms of the recommendation. (2) An order under subsection (1) shall have effect, despite anything to the contrary
in any other law. 7.

rm or vary the terms of the recommendation. (2) An order under subsection (1) shall have effect, despite anything to the contrary
in any other law. 7.

Tribunal to reserve questions of law for consideration of the Supreme Court
The Tribunal in the performance of its functions under this Act may reserve for the
consideration of the Supreme Court a question of law and the relevant provisions of the
Courts Act, 1993 (Act 459) shall, with due attention to detail apply accordingly. 8. Constitution of Tribunal
(1) There is established, for the purposes of this Act, a Tribunal constituted in accor
dance with subsection (2). (2) The Tribunal consists of the following five members appointed by the President,
one of whom shall be appointed as the chairman:
(a) one member appointed to represent the Minister responsible for Lands,
(b) one member appointed to represent the Minister responsible for Mining,
(c) one member appointed to represent the Minister responsible for Forests,
and
(d) two other members. 9.

present the Minister responsible for Mining,
(c) one member appointed to represent the Minister responsible for Forests,
and
(d) two other members. 9.

Appointment of attorneys for non-resident persons
(1) A person entitled to a benefit under a concession but who is a non-resident of
Ghana, or a body corporate not incorporated or registered in Ghana, or a partnership having
its principal place of business outside Ghana, or a union or an association of partners or
bodies corporate having that place of business, shall appoint by instrument, an attorney resi
dent in Ghana to act on behalf of that person, body corporate, partnership, union or associa
tion. (2) An instrument referred to in subsection (1), is void, unless the instrument has, as
far as may be practicable, been proved and registered in a registry office in the manner
prescribed by the Land Registry Act, 1962 (Act 122). [Issue 1] III - 754

be practicable, been proved and registered in a registry office in the manner
prescribed by the Land Registry Act, 1962 (Act 122). [Issue 1] III - 754

ACT 124
Concessions Act, 1962
(3) The reasons specified in the Land Registry Act, 1962 (Act 122) for refusal to reg
ister an instrument shall, for the purposes of this Act, include, in the case of an instrument
referred to in subsection (1), the fact that the instrument had not been made or the power
of attorney contained in it is not in accordance with the law in force in the country where,
if the person executing the instrument
(a) is an individual, and that individual is resident;
(b) is a body corporate, and the body corporate is registered or incorporated,
and
(c) is a partnership or any union or association of partners or bodies corporate,
and its principal place of business is situated in Ghana. 10.

d,
and
(c) is a partnership or any union or association of partners or bodies corporate,
and its principal place of business is situated in Ghana. 10.

Rents for mining concessions
A holder of a mining concession shall, with effect from the date of the commence
ment of this Act, pay the mining rent prescribed by the terms of the concession; but
(a) where a certificate of validity has not been issued in respect of a concession
by the date of the commencement of this Act, the rent shall commence to
be paid two years after that date; and
(b) this section is subject to the other provisions of this Act and the Rent Stabi
lisation Act, 1962 (Act 109)3. 11. Option to be determined
An option not exercised within the period prescribed by section 10 (6) of the Conces
sions Act, 19394 or within three months after the date of the commencement of this Act,
whichever period terminates earlier, shall become null and void and the right of the
holder shall determine absolutely. 12. Transmission of decisions
A copy of an order of the President under this Act or order of the Tribunal under sec
tion 5 shall be transmitted to the holder of, and the grantor of, the concession, and shall
be published in the Gazette. 13.

of the Tribunal under sec
tion 5 shall be transmitted to the holder of, and the grantor of, the concession, and shall
be published in the Gazette. 13.

Assignments, of concessions invalid without the Minister’s consent
(1) A transaction which is an assignment, sub-demise, mortgage or surrender of the
whole or of a part of the rights granted by a concession referred to in section 2 is void
unless made with the written consent of the Minister. (2) The provisions of this Act shall apply to a transaction referred to in subsection (1)
and made before the commencement of this Act in respect of which the provisions of
subsection (1) or subsection (2) of section 31 of the Concessions Act, 1939 were not
complied with, but that transaction shall be deemed to be valid, with effect from the date
of the execution of the instrument embodying that transaction, if
(a) a fee calculated at the rate of seventy-five thousand cedis for every day of
the period, commencing on the date of the execution of the instrument and
ending on the date of the payment of the fee, is paid;
3. The Rent Stabilisation Act, 1962 (Act 109) and its amended Act, (Act 168) was repealed by the Rents Sta
bilisation Act (Repeal) Decree, 1966 (N.L.C.D. 49). 4. Cap. 136 of the 1951 Edition of the Laws of the Gold Coast. Ill - 755 [Issue 1]

y the Rents Sta
bilisation Act (Repeal) Decree, 1966 (N.L.C.D. 49). 4. Cap. 136 of the 1951 Edition of the Laws of the Gold Coast. Ill - 755 [Issue 1]

ACT 124
Concessions Act, 1962
(b) stamp duty calculated at the rate of seventy five thousand cedis for every
square mile or outstanding part of the area referred to in the instrument is
paid;
(c) any other duties payable under an enactment for the time being in force are
paid; and
(d) the Minister’s written consent to the transaction is granted. 14. Regulations
(1) The Minister may, by legislative instrument, make Regulations
(a) in respect of the records to be maintained for the purposes of this Act and
for the imposition of fees for those purposes;
(b) in respect of a matter relating to the Tribunal including the payment of fees
and allowances to the members; and
(c) for the purposes of giving effect to the principles and provisions of this
Act. (2) A statutory instrument made under the provisions of the Concessions Act 19395
and in force on the day immediately before the date of the commencement of this Act
shall continue in force on and after that date as if the instrument was made under this Act. 15.

ately before the date of the commencement of this Act
shall continue in force on and after that date as if the instrument was made under this Act. 15.

Pending matters
(1) A matter relating to a concession referred to in section 2, and pending before a
Court on the day immediately before the date of the commencement of this Act shall be
continued and concluded on or after that date in accordance with the provisions of the
Concessions Act, 1939. (2) Where the matter is not concluded within twelve months from that date, the mat
ter shall be deemed to have lapsed and the concession to which it relates shall be deter
mined subject to the payment of the rent or royalty due up to the date of the lapse. 16. Forest reserves and timber concessions
(1) The lands referred to in subsection (2) or subsection (4) of section 4 of the Forests
Act, 19276 and which have been constituted or proposed to be constituted as forest re
serves under that Act and the lands deemed to be constituted as forest reserves under sub
section (7) of this section are hereby vested in the President in trust for the stools con
cerned; but the rights, customary or otherwise, in those lands validly existing immedi
ately before the commencement of this Act shall continue on and after the commence
ment subject to this Act and any other enactment for the time being in force.

re the commencement of this Act shall continue on and after the commence
ment subject to this Act and any other enactment for the time being in force.

(2) The lands which in the future shall be proposed to be constituted as forest re
serves under the Forests Act, 1927 shall become vested in the President in trust for the
stools concerned with effect from the date of the publication of the notice relating to that
land and prescribed under section 5 (1) of that Act. 5. Cap. 136 of the 1951 Edition of the Laws of the Gold Coast. 6. Cap. 157 of the 1951 Edition of the Laws of the Gold Coast. [Issue I ] III-756

Act. 5. Cap. 136 of the 1951 Edition of the Laws of the Gold Coast. 6. Cap. 157 of the 1951 Edition of the Laws of the Gold Coast. [Issue I ] III-756

ACT 124
Concessions Act, 1962
(3) A land, other than land referred to in subsections (1) and (2), subject to the Ad
ministration of Lands Act, 1962 (Act 123) and in respect of which rights have been
granted with respect to timber or trees under a concession and in force immediately be
fore the commencement of this Act are vested in the President in trust for the stools con
cerned, subject to the terms of the concession, this Act and any other enactment for the
time being in force and article 267 of the Constitution. (4) The rights with respect to timber or trees on a land other than land specified in
subsections (1), (2) and (3) of this section are vested in the President in trust for stools
concerned subject to article 267 of the Constitution. (5) Subject to article 267 of the Constitution the President may execute a deed or do
an act as a trustee in respect of lands or rights referred to in this section. (6) The revenue from lands or rights vested in the President under this section or de
rived under subsection (11) shall be collected, paid in and disbursed as provided by the
Administration of Lands Act, 1962 (Act 123) and article 267 of the Constitution.

ion (11) shall be collected, paid in and disbursed as provided by the
Administration of Lands Act, 1962 (Act 123) and article 267 of the Constitution.

(7) Forest reserves established under a law relating to local government shall be
deemed to be forest reserves constituted under the Forest Act, 1927‘and paragraph 27 of
Part Two of the First Schedule to the Local Government Act, 1961 (Act 54) is hereby
rescinded. (8) The Forest Act, 1927s shall apply with due attention to detail to a land outside a
forest reserve in respect of which rights relating to timber or trees have been or shall be
granted. (9) Section 30 of the Concessions Act, 19399 and the Concessions (Timber Restric
tion) Order, No. 55 of 1939, shall apply with due attention to detail to all land in Ghana
in respect of which rights relating to timber or trees have been or shall be granted. (10) The Minister may terminate the concession of a holder, if the holder is found
guilty of an offence under section 30 (4) of the Concessions Act, 1939. (11) A person who has been convicted of an offence under paragraph (1) of section 22
of the Forests Act, 1927, is liable in addition to any other punishment imposed under that
section, to pay twice the value of each tree or of the timber which is the subject-matter of
the offence. 17.

any other punishment imposed under that
section, to pay twice the value of each tree or of the timber which is the subject-matter of
the offence. 17.

interpretation
In this Act, unless the context otherwise requires,
“concession” and “certificate of validity” have the same meanings as in the Con
cessions Act, 1939 and, for the resolution of doubts, include concessions excluded in
whole or in part from the provisions of that Act;
“Minister” means the Minister to whom functions under this Act have been as
signed by the President;
7. Cap. 157 of the 1951 Edition of the Laws of the Gold Coast. 8. Cap. 157 of the 1951 Edition of the Laws of the Gold Coast. 9. Cap. 136 of the 1951 Edition ol the Laws of the Gold Coast. Ill-757 (Issue 1]

ACT 124
Concessions Act, 1962
“stool lands” means stool lands to which the Administration of Lands Act, 1962,
and article 267 of the Constitution apply;
“terms of concession” include, where applicable, the terms of a certificate of va
lidity; and
“Tribunal” means the Tribunal established under section 8 of this Act.
[Issue 1] III - 758