Public Conveyancing Act, 1965 Act 302

PUBLIC CONVEYANCING ACT, 1965 (ACT 302)
ARRANGEMENT OF SECTIONS
Section
1. Declaration of selected area.
2. President to grant land in selected area to certain persons.
3. Plan and Schedule to plan, etc.
4. Grants of land to other persons.
5. Regulations.
6. Interpretation.
7. Repeal.
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lected area to certain persons.
3. Plan and Schedule to plan, etc.
4. Grants of land to other persons.
5. Regulations.
6. Interpretation.
7. Repeal.
1

ACT 302
REPUBLIC OF GHANA
THE THREE HUNDRED AND SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE PUBLIC CONVEYANCING ACT, 1965
AN ACT to provide for the declaration of a selected area, the granting of land in such area,
and matters connected therewith or incidental thereto. DATE OF ASSENT: 29th September, 1965
BE IT ENACTED by the President and the National Assembly in this present Parliament
assembled as follows:—
Section 1—Declaration of Selected Area. (1) Whenever it appears to the President in the public interest so to do, he may by executive
instrument declare any area of state or stool land to be a selected area, and, accordingly, on the
making of such instrument, such area shall for the purposes of this Act be a selected area and
titles to land therein shall be granted as prescribed under this Act. (2) Where any stool land in respect of which an executive instrument has been made under
subsection (1) of this section has not been vested in the President under section 7 of the
Administration of Lands Act, 1962 (Act 123), such instrument in respect of such land shall
have the same effect as an instrument made under the said section 7.

ation of Lands Act, 1962 (Act 123), such instrument in respect of such land shall
have the same effect as an instrument made under the said section 7.

Section 2—President to Grant Land in Selected Area to Certain Persons. (1) Save as otherwise provided in this Act, the President upon recommendation by the Minister
shall grant land in a selected area, on such terms and conditions as he may think fit to the
following persons and no others:—
(a) persons deprived of the use of land by reason of a natural catastrophe;
(b) persons deprived of the use of land by reason of the application of the provisions of any
other enactment;
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d by reason of a natural catastrophe;
(b) persons deprived of the use of land by reason of the application of the provisions of any
other enactment;
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(c) persons deprived of the use of land in the town of Tema and resettled in the Tema acquisition
area;
(d) persons desirous of settling in a planned irrigation area;
(e) persons deprived of the use of land by reason of a slum clearance scheme;
(f) persons affected by re-adjustment of boundaries of land within an area under any enactment
relating to town and country planning;
(g) persons desirous of acquiring land within a planned housing area;
(h) persons desirous of settling in a land reclamation area;
(i) persons desirous of carrying out husbandry, including animal husbandry, in a planned land
area. (2) No person to whom a grant of land has been made shall transfer his grant to any other
person, except with the written consent of the Minister, and, subject to such conditions as he
may specify therein. (3) The provisions of section 4 shall not apply to any transfer referred to in subsection (2) of
this section.

h conditions as he
may specify therein. (3) The provisions of section 4 shall not apply to any transfer referred to in subsection (2) of
this section.

(4) Where any other enactment confers powers for the settlement or resettlement of persons on
any other Minister or Council or a statutory corporation, grants under this section shall be made,
if the powers for the settlement or resettlement of persons were conferred on—
(a) any other Minister, upon the recommendation of such other Minister;
(b) a Council, upon the recommendation of the Minister responsible for local government; and
(c) a statutory corporation, upon the recommendation of the Minister responsible for such
corporation. Section 3—Plan and Schedule to Plan, Etc. (1) There shall be made a plan as prescribed of a selected area and there shall be specified in
the prescribed manner on the plan a Schedule setting out in entries the lands granted under
section 2 and in corresponding entries the names of the grantees, the interests held by them in
such land, the dates from which such grants take effect and such other particulars as may be
prescribed.

f the grantees, the interests held by them in
such land, the dates from which such grants take effect and such other particulars as may be
prescribed.

(2) The Minister shall make an endorsement below the last entry that the particulars specified
in the plan and the Schedule thereto are in accordance with the provisions of this Act and any
other enactment in that behalf and are true and accurate and shall sign and date that
endorsement. (3) The Minister shall cause each plan of a selected area together with its Schedule to be
registered under the Land Registry Act, 1962 (Act 122), and the provisions of that Act shall
mutatis mutandis apply to such registration in like manner as those provisions apply to the
registration of any other instrument. 3

of that Act shall
mutatis mutandis apply to such registration in like manner as those provisions apply to the
registration of any other instrument. 3

(4) Where a plan of a selected area with its Schedule has been registered under the preceding
provisions of this section, a copy, extract or certificate of registration purporting to be signed
by a registrar within the meaning of the said Act, or made in the prescribed manner shall be
receivable in any court as evidence of the particulars specified therein without further or other
proof, unless it is proved to be a forgery. Section 4—Grants of Land to Other Persons. (1) Where any land in any selected area remains vacant, the President may grant land in such
area to any person, subject to such conditions as he may think fit, including the payment of
rent, but the provisions of section 3 shall not apply to such grants. (2) Grants made under subsection (1) of this section shall be made in accordance with the
appropriate provisions of the Administration of Lands Act, 1962 (Act 123) and the State Lands
Act, 1962 (Act 125) and any statutory instruments made thereunder. Section 5—Regulations.

inistration of Lands Act, 1962 (Act 123) and the State Lands
Act, 1962 (Act 125) and any statutory instruments made thereunder. Section 5—Regulations.

Regulations may be made by the Minister by legislative instrument in respect of such matters
as are authorised or required by this Act to be prescribed and for the purposes of carrying out
the principles and provisions of this Act. Section 6—Interpretation.

sed or required by this Act to be prescribed and for the purposes of carrying out
the principles and provisions of this Act. Section 6—Interpretation.

In this Act, unless the context otherwise requires:—
"Council" means a Council within the meaning of the Local Government Act, 1961 (Act 54);
"land reclamation area" means an area of land, which was covered or otherwise affected by
water and which by diverse works has been made suitable for development, and for which a
layout has been approved by the Minister responsible for Town and Country Planning in
consultation with the Ministers responsible for agriculture, health, housing, lands, local
government and community development;
"Minister" means the Minister responsible for lands;
"plan" means a cadastral plan within the meaning of the Survey Act, 1962 (Act 127), or any
other plan made to the satisfaction of the Minister referred to in section 5 of that Act;
"planned housing area" means an area destined for residential development for which a lay-out
has been approved by the Minister responsible for Town and Country Planning in consultation
with the Ministers responsible for housing, health, lands, and local government;
"planned irrigation area" means an area for which water for irrigation is being supplied by any
organ of the State or a Council or a statutory corporation and for which area a lay-out has been
approved by the Minister responsible for Town and Country Planning in consultation with the
Ministers responsible for lands and agriculture;
"planned land area" means an area of agricultural land, the conditions of carrying out of
husbandry within which are prescribed by the Minister responsible for agriculture, and for
which a lay-out has been approved by the Minister responsible for Town and Country Planning
in consultation with the Ministers responsible for agriculture, communications, lands and
community development;
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sible for Town and Country Planning
in consultation with the Ministers responsible for agriculture, communications, lands and
community development;
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"selected area" means an area of state land or of stool land declared a selected area by the
President by executive instrument under section 1 and includes in the Tema Acquisition Area
the area of resettlement of persons from the town of Tema;
"slum clearance scheme" means a scheme of reconstruction of a built-up area undertaken, in
consequence of the overcrowding of inhabitants in dwellings, of unsatisfactory sanitary
conditions, and of the dilapidation of buildings, by an organ of the State, a Council or a statutory
corporation in accordance with a plan approved by the Minister responsible for Town and
Country Planning in consultation with the Ministers responsible for lands, health, social
welfare, housing and local government;
"state land" means land declared by the President by executive instrument under section 1 of
the State Lands Act, 1962 (Act 125) to be land required in the public interest;
"statutory corporation" means a statutory corporation within the meaning of the Statutory
Corporations Act, 1964 (Act 232), or established under any other enactment;
"stool land" shall have the same meaning as in the Administration of Lands Act, 1962 (Act
123);
"Tema acquisition area" means the area specified in the First Schedule to the Tema Town and
Port (Acquisition of Land) Ordinance, 1952 (No.

(Act
123);
"Tema acquisition area" means the area specified in the First Schedule to the Tema Town and
Port (Acquisition of Land) Ordinance, 1952 (No.

38); and
"town of Tema" means the town of Tema referred to in the First Schedule to the Towns
Ordinance (Cap. 86). Section 7—Repeal. The Village Sites Ordinance (Cap. 141) is hereby repealed. 5