Lands Commission Act, 2008 Act 767

LANDS COMMISSION ACT, 2008 (ACT 767)
ARRANGEMENT OF SECTIONS
Section
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
8. Composition of the Commission
9. Membership of Regional Lands Commission
10. Functions of 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
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n Division
23. Functions of the Public and Vested Lands Management Division
24. Appointment of Executive Secretary
25. Secretariat of the Commission
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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
44. Transitional and saving provisions
45. Consequential amendments
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ies
41. Transfer of assets, obligations and rights
42. Interpretation
43. Repeal
44. Transitional and saving provisions
45. Consequential amendments
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ACT 767
REPUBLIC OF GHANA
THE SEVEN HUNDRED AND SIXTY-SEVENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
LANDS COMMISSION ACT, 2008 (ACT 767)
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. DATE OF ASSENT: 4th December, 2008
ENACTED by the President and Parliament:
The Lands Commission
Section 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.

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.

Section 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

n 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

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

nciples and the maintenance of a sound eco-system; and
(b) ensure that land development is effected in conformity with the nation's development goals.

Section 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 coordinated with the relevant development plan for
the area concerned:
(c) formulate and submit to Government recommendations on national policy with respect to
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;
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cidence of land encroachment, unapproved development schemes, multiple or
illegal land sales, land speculation and other forms of land racketeering;
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(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. Section 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.

n 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.

Section 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
(c) structures designed for the customary administration of stool, skin, family or 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,
(c) assessment and collection of rents in respect of stool and other applicable public lands, and
where necessary their disbursement, and
(d) development and acquisition, including shared use of accommodation, equipment, staff,
records and the equitable sharing of related costs.

ent, 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 Members
Section 8—Composition of the Commission
(1) The Commission, shall in accordance with article 259 of the Constitution consists of
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ointment of Members
Section 8—Composition of the Commission
(1) The Commission, shall in accordance with article 259 of the Constitution consists of
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(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
(c) the Executive Secretary of the Commission. (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.

s 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.

Section 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,
(c) one nominee of the Ghana Bar Association practising in the Region,
(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. Section 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 coordinated by the Commission. 6

the functions of the Commission in respect
of the Region. (2) The activities of a Regional Lands Commission shall be coordinated by the Commission. 6

(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. Section 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.

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. Section 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 reappointment.

on, other than the Executive Secretary and a Regional Lands
Officer, shall hold office for a term of four years and may be eligible for reappointment.

(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),
(c) ceases to hold office under section 16(4), or
(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. Section 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. 7

ed 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. 7

Section 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. Section 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.

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. Section 16—Meetings of the 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.

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. 8

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. 8

(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. Section 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. Section 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.

performance of its functions, except that a
committee composed entirely of non-members may only advise the Commission or a Regional
Lands Commission.

Administration
Section 19—Divisions of the Commission
The Commission shall have the following divisions:
(a) Survey and Mapping,
(b) Land Registration,
(c) Land Valuation,
(d) Public and Vested Lands Management, and
(e) any other Division the Commission may determine. Section 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;
(c) direct and supervise the conduct of trigonometric, hydrographic, topographic and
engineering surveys;
(d) coordinate the preparation of plans from the data derived from survey and any amendment
of the plans;
(e) coordinate the production of photogrammetric surveys including aerial photography,
orthophotomapping, and remote sensing;
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mendment
of the plans;
(e) coordinate the production of photogrammetric surveys including aerial photography,
orthophotomapping, and remote sensing;
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(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. Section 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;
(c) registration of deeds and other instruments affecting land in areas outside compulsory title
registration districts;
(d) maintaining land registers that contains records of land and other interests in land. (e) other functions determined by the Commission.

districts;
(d) maintaining land registers that contains records of land and other interests in land. (e) other functions determined by the Commission.

Section 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;
(c) determining the values of properties rented, purchased, sold or leased by or to Government;
(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
Section 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
(c) other functions determined by the Commission.

rnment;
(b) managing state acquired and vested lands in conformity with approved land use plans; and
(c) other functions determined by the Commission.

Section 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. 10

who shall be appointed by the
President in accordance with the advice of the Commission given in consultation with the
Public Services Commission. 10

(2) The Executive Secretary is the Chief Administrator and the chief Executive Officer of the
Commission. Section 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,
(c) Policy Planning, Research and Special Projects Unit,
(d) Monitoring and Evaluation Unit,
(e) Finance Unit,
(f) Human Resource Unit,
(g) Internal Audit Unit,
(h) Legal Affairs Unit,
(i) Land Information Unit,
(k) Public Relations Unit, and
(l) other units, sub-units or departments the Commission may determine. (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. Section 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.

ration 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. Section 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. Section 28—Directors of the Divisions of the Commission
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tive Secretaries shall perform such functions as may be assigned to them
by the Commission. Section 28—Directors of the Divisions of the Commission
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(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. Section 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. Section 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.

e internal auditor is answerable to the Chief Executive Officer or the Regional Lands
Officer in the performance of the functions of internal auditor.

Section 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. Section 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
Section 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,
(c) a proportion, approved by Parliament of moneys received by the Commission as levies,
charges or fees under this Act and any other enactment for services rendered by the
Commission.

iament of moneys received by the Commission as levies,
charges or fees under this Act and any other enactment for services rendered by the
Commission.

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Section 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. Section 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.

er 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. Section 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. Section 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
(c) upon due notice refuses without lawful excuse to admit an officer or duly designated agent
of 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,
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on to the business or other
premises or otherwise obstructs inspection which has been authorised by the Commission or a
Regional Lands Commission,
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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. Section 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.

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.

Section 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,
(c) on valuation and rating,
(d) relating to sustainable land management
(e) providing for fees and charges required to be paid under this Act, and
(f) generally for the full and effective implementation of the provisions of this Act. Section 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;
(c) the Land Title Registry;
(d) the Land Registry; and
(e) the Lands Commission. Section 41—Transfer of assets, obligations and rights
Subject to section 43 (2) the assets, records, rights, obligations and liabilities of
(a) the Lands Commission;
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r of assets, obligations and rights
Subject to section 43 (2) the assets, records, rights, obligations and liabilities of
(a) the Lands Commission;
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(b) the Survey Department;
(c) the Land Valuation Board;
(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. Section 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. Section 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.

tions 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.

Section 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.

(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. 15

the Commission under
subsection (1) shall not be less favourable than those applicable to him immediately before the
coming into force of this Act. 15

(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. Section 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),
(c) the Land Title Registration Act, 1986 (P.N.D.C.L.

res, a reference in
(a) the Land Registry Act 1962 (Act 122),
(b) the Survey Act 1962 (Act 127),
(c) the Land Title Registration Act, 1986 (P.N.D.C.L.

152), and
(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. Date of Gazette Notification: 12th December, 2008
16