Ghana Districts: A repository of all Local Assemblies in Ghana

Local Goverance Act - 2016 Act 936

Local Governance Act, 2016 Act 936

ARRANGEMENT OF SECTIONS

Section

PART ONE – LOCAL GOVERNMENT

Districts and District Assemblies

1. Creation of districts

2. Demarcation of areas of authority of sub-district structures

3. Establishment of District Assembly

4. Incorporation of District Assembly

5. Composition of District Assembly

Membership of District Assembly

6. Election to District Assembly

7. Qualifications and disqualifications of members of District Assemblies

8. Mode of seeking election

9. Cessation of office of a member

10. Revocation of mandate of member

11. Emoluments of members of District Assemblies

Functions of District Assembly

12. Functions of District Assembly

13. Functions under other enactments

14. Health officers of District Assembly

15. Delegation of functions of District Assembly

16. Duties of a member of a District Assembly

Administration of a District Assembly

17. Presiding Member of District Assembly

18. Meetings of District Assembly

19. Executive Committee of District Assembly

20. District Chief Executive

21. Functions of the Executive Committee

22. Meetings of Executive Committee

23. Sub-committees of the Executive Committee

24. Functions of sub-committees

25. Instrument of Establishment of Metropolitan Assembly

Dissemination of Information

26. Public Relations and Complaints Committee

27. Functions of the Public Relations and Complaints Committee

28. District Chief Executive to address District Assembly

29. Other appointees of President to address District Assembly

Other Matters Concerning District Assemblies

30. Provision of offices by District Assemblies

31. Joint committees of District Assemblies

32. Joint commercial activity

33. Procurement powers and tender procedures of District Assembly

34. Power of District Assembly to insure

35. Ancillary powers of a District Assembly

36. Investigation by the President

37. Power of President to enforce functions of District Assembly

38. Expenses in respect of transferred functions

39. District Assemblies to contribute to Association

Participatory Governance at the Local Level

40. Participation in District Assembly processes

41. Participation in by-laws and fee-fixing resolutions

42. Modalities and platforms for participation

43. Right of stakeholders to petition

44. Duty of District Assembly to respond to petition of stakeholders

45. District Chief Executive to report on participation

46. District Assembly communication

47. Access to information

48. Inclusion and integration of minorities and marginalised groups

PART TWO - LOCAL GOVERNMENT SERVICE

Establishment of the Local Government Service

49. Establishment of the Local Government Service

50. Membership of the Service

51. Object of the Service

52. Functions of the Service

53. Governing body of the Service

54. Functions of the Council

55. Tenure of office of members of the Council

56. Meetings of the Council

57. Disclosure of interest

58. Committees of the Council

59. Allowances

60. Presidential directives

61. Delegation of power of appointment

Administration of the Service

62. Head of the Local Government Service

63. Functions of the Head of the Local Government Service

64. Office of the Head of the Local Government Service

65. Functions of the Office of the Head of the Local Government Service

66. Chief Director of the Office of the Head of the Local Government Service

67. Appointment of other staff

68. Transfer or secondment

Expenses and Reports of the Council and the Office of the Head of the Local Government Service
69. Expenses of the Office of the Head of the Local Government Service

70. Submission of budget estimates

71. Accounts and audit

72. Annual report and other reports

Office of the District Assembly

73. Office of the District Assembly

74. Functions of Office of the District Assembly

75. District Co-ordinating Director

76. Staff of the Office of the District Assembly

Departments of the District Assembly

77. Decentralised sectors at the district Level

78. Departments of a District Assembly

79. Staff of the Departments of the District Assembly

80. Functions of the Departments of a District Assembly

District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation

81. Collaboration and co-operation between Departments of District Assemblies and other organisations

PART THREE – PLANNING FUNCTIONS OF DISTRICT ASSEMBLIES

Economic Planning

82. Establishment of a District Planning Authority

83. Planning functions of a District Planning Authority

84. Establishment of District Planning Co-ordinating Unit

85. Planning functions of the District Planning Co-ordinating Unit

86. District Development Plans

87. Preparation of Sub-district and Local Action Plans

88. Public hearing of District Development Plans, Sub-District and Local Action Plans

89. Grievance procedure

Land Use and Spatial Planning

90. Application of sections 91 to 107

91. Permit to carry out physical development

92. Development charges

93. Development permit to be conditional or unconditional

94. Enforcement in respect of unauthorised development

95. Enforcement in respect of execution of district plans

96. Enforcement against nuisance

97. Enforcement against unauthorised development in respect of community right of space

98. Claims for compensation

99. Appeals Advisory Committees

100. Functions of Appeals Advisory Committee

101. Appeals

102. Recovery of betterment

103. Non-conforming land allocations and transactions

Buildings

104. Building by-laws

105. National building regulations

106. Building permits and unauthorised buildings

107. Signing of plans of special buildings

108. Delegation of functions

109. Request for information

110. Power of entry

111. Immunity of officers from liability

PART FOUR – EMERGENCY RELIEF BY DISTRICT ASSEMBLIES

Provision of Emergency, Disaster Prevention and Relief Services

112. Emergency and disaster relief services

113. District Assemblies to prepare response plans to make by-laws for emergency, disaster prevention and relief services

114. Coordination of emergency, disaster prevention and relief service measures

115. Performance of emergency, disaster prevention and relief services functions

116. Provision of fire services

117. Power of entry of premises in case of fire

118. Control of traffic

119. Penalty for obstruction

120. Penalty for false alarms

121. Enquiries by Committee into origin of fire

PART FIVE – FINANCIAL MATTERS OF DISTRICT ASSEMBLIES

District Budgets
122. District budget

123. Submission of budget estimates

Revenue of District Assemblies

124. Revenue of District Assemblies

District Assemblies Common Fund

125. Establishment of the District Assemblies Common Fund

126. Parliament to make allocations to District Assemblies for development

127. Appointment of District Assemblies Common Fund Administrator

128. Vacancy and removal of the Administrator

129. Functions of the Administrator

130. Investment of moneys in the Common Fund

131. Staff of the Common Fund

132. Expenses of the Common Fund

133. Accounts and audit

134. Annual report

135. Complaints

136. Grants-in-aid and other decentralised transfers

Licences

137. Charges for licences

138. Licensing of vehicles

139. Entertainment licences

140. Provisions as to licences generally

Fees and Miscellaneous Charges

141. Power to charge fees

Taxes and other Revenues

142. Taxes

143. Investment income

Rates

144. Rating authority

145. Duty to levy sufficient rates

146. Method of rating

147. Levying of rate

148. Date and place of payment of rate

149. Exemptions from and remission of rates

150. Minister to issue guidelines

151. Claim for amount of rate

152. Rates on immovable property to be a charge on premises

153. Rate Assessment Committee

154. Notice where general or special rate not paid

155. Notice of mortgage in respect of rateable premises

156. Proceedings in case of non-payment of rates

157. Agreement between landlord and tenant

158. Penalty for refusal to pay rates and wilful misrepresentation

159. Penalty for inciting a person not to pay rates

160. Penalty for unauthorised collection of rates

161. Rate payers and rate collectors

162. Penalty in respect of offences by rate collectors

163. Proceedings for rates

164. Payment of rates by public boards and institutions and Government

165. Employers to deduct rates from employees’ remuneration

166. Rating authority to appoint agent for collection of rates

167. Set-off and refund

168. Penalty

169. Duty to give information and inspection of premises in respect of rates

Expenditure of District Assemblies
170. Expenditure

171. Writing off of irrecoverable arrears of revenue

Other Financial Matters

172. Keeping of accounts and publication of annual statement of accounts

173. Power of Minister to give financial instructions

174. Access to records of District Assemblies

PART SIX - AUDIT

Internal Audit

175. Internal audit

External Audit

176. Auditor-General to audit accounts of District Assemblies

177. Auditor-General may disallow or surcharge

178. Recovery of sums certified to be due

179. Suspension pending appeal

180. Application of provisions on audit

PART SEVEN – BY-LAWS

By-Laws and Model By-Laws

181. District Assembly to make by-laws

182. Validity of by-laws

183. Model by-laws

184. Copy of by-laws to be deposited at District Assembly offices

185. Evidence of by-laws

PART EIGHT – DECENTRALISATION AT THE REGIONAL LEVEL

Regional Co-ordinating Councils

186. Establishment of Regional Co-ordinating Councils

187. Composition of Regional Co-ordinating Councils

188. Functions of Regional Co-ordinating Councils

189. Development Planning functions of Regional Co-ordinating Councils

190. Planning functions of Regional Planning Co-ordinating Unit

191. Meetings of Regional Co-ordinating Councils

192. Office of the Regional Co-ordinating Council

193. Functions of the Office of the Regional Co-ordinating Council

194. Regional Co-ordinating Director

195. Staff of the Office of the Regional Co-ordinating Council

196. Departments of the Regional Co-ordinating Council

197. Functions of the Departments of the Regional Co-ordinating Council

198. Regional level inter-service and inter-sectoral collaboration and co-operation

199. Funds of the Regional Co-ordinating Council

200. Regional budget

201. Regional Minister

202. Relationship between the Regional Minister and the District Chief Executive

203. Regional management

PART NINE – INTER-MINISTERIAL CO-ORDINATING COMMITTEE ON DECENTRALISATION

Establishment and Functions of the Inter-Ministerial Co-ordinating Committee on Decentralisation
204. Establishment of Inter-Ministerial Co-ordinating Committee on Decentralisation

205. Functions of the Inter-Ministerial Co-ordinating Committee

206. Technical Committee of the Inter-Ministerial Co-ordinating Committee

207. Secretariat of the Inter-Ministerial Co-ordinating Committee

PART TEN – MISCELLANEOUS MATTERS

Acquisition of Immovable Property

208. Power of District Assembly to acquire land

209. Development charges on serviced land

Legal Proceedings and Notices

210. Notice of suit to be served on District Assembly

211. Mode of service on District Assembly

212. Description of property

213. Power of entry

214. Publication of notices

215. Occupier to provide specified particulars

Privileges and Immunities

216. Freedom of speech and proceedings in District Assembly

217. Immunity from proceedings for acts in District Assembly

218. Immunity from service as Juror

219. Immunity from service of process and arrest

220. Immunity from publication of proceedings

221. Privileges of witnesses

222. Contempt of District Assembly

Obstruction of the Authority of a District Assembly

223. Obstruction of officers

Offence of Unauthorised Sitting and Voting

224. Penalty for unqualified person sitting or voting in District Assembly

Executive Authority and Local Government

225. Delegation of powers of President or Minister

226. Provision of information to the President or Minister

Provisions on Staff of District Assembly

227. Staff of District Assembly to give account of moneys and properties in their charge

228. Protection of members and staff

229. Recovery of moneys due by way of deduction

230. Payment of allowances to District Assembly members and staff

Authority of District Assembly

231. Proof of acts of authority

Final Provisions

232. Regulations

233. Consequential amendments

234. Interpretation

235. Repeals and savings

236. Transitional provisions

SCHEDULES

FIRST SCHEDULE

Decentralised Public Service Sectors

SECOND SCHEDULE

Existing Departments under Districts, Municipal and Metropolitan Assemblies

THIRD SCHEDULE

Departments Ceasing to Exist in their Present Form

FOURTH SCHEDULE

Departments to be Established by District Assemblies

FIFTH SCHEDULE

Matters for Building By-Laws

SIXTH SCHEDULE

Notice

SEVENTH SCHEDULE

Services, Organisations and Departments to Implement Response Plan and By-Laws

EIGHTH SCHEDULE

Licences

NINTH SCHEDULE

Vehicle Licences – Description of Vehicle

TENTH SCHEDULE

Entertainment Licences

ELEVENTH SCHEDULE

Fees and Miscellaneous Charges

TWELFTH SCHEDULE

Taxes on Income

THIRTEENTH SCHEDULE

Departments of the Regional Co-ordinating Council

FOURTEENTH SCHEDULE

Consequential Amendments

THE NINE HUNDRED AND THIRTY-SIXTH

ACT OF PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

LOCAL GOVERNANCE ACT, 2016 Act 936

AN ACT to provide for local governance in accordance with the Constitution; to establish a Local Government Service; to provide for the establishment and administration of the District Assemblies Common Fund; to provide for a National Development Planning System; to define and regulate planning procedures of District Assemblies; to co-ordinate, facilitate, monitor and supervise internal audit activities within District Assemblies and for related matters.

DATE OF ASSENT: 20th December, 2016.

PASSED by Parliament and assented to by the President:

PART ONE – LOCAL GOVERNMENT

Districts and District Assemblies

Creation of districts

1. (1) For purposes of Local governance, the districts in existence immediately before the commencement of this Act shall continue to exist.

(2) The President may, by Executive Instrument

(a) declare any area within the country to be a district; and

(b) assign a name to the district.

(3) The President shall, in the exercise of the power under paragraph (a) of subsection (2), direct the Electoral Commission to make appropriate recommendations.

(4) The Electoral Commission shall, before making recommendations to the President under subsection (3), consider the following factors including

(a) in the case of

(i) a district, that there is a minimum population of seventy-five thousand people;

(ii) a municipality, that there is a minimum of ninety five thousand people;

(iii) a metropolis, that there is a minimum of two hundred and fifty thousand people; and

(b) the geographical contiguity and economic viability of the area, namely, the ability of an area to provide the basic infrastructural and any other developmental needs from the monetary and any other resources generated in the area.

Demarcation of areas of authority of sub-district structures

2. (1) The areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees in existence before this Act shall continue to exist.

(2) The Electoral Commission may review the areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees by Constitutional Instrument after a national population census.

Establishment of District Assembly

3. (1) The Minister shall, by legislative instrument, establish a District Assembly for each district, municipality and metropolis.

(2) A District Assembly shall constitute the highest political authority in the district.

(3) The Instrument establishing a District Assembly, shall specify

(a) the area of authority of the District Assembly as determined under subsection (2) of section 1;

(b) the number of persons to be elected to the District Assembly and the maximum number of persons to be appointed to the District Assembly by the President;

(d) the place where the principal office of the District Assembly is to be situated; and (e) other matters that are required by this Act to be included in the Instrument or are consequential or ancillary to it.

(4) The Minister shall establish

(a) Sub-Metropolitan District Councils,

(b) Urban Councils,

(d) Unit Committees

in respect of the areas of authority of the sub-district structures within the area of authority of the District Assembly demarcated or reviewed in the same legislative instrument that established the District Assembly.

(5) The Instrument shall specify

(a) the jurisdiction, membership, functions, powers and responsibilities of the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee;

and

(b) any other matter connected with the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee that may be considered necessary.

Incorporation of District Assembly

4. (1) A District Assembly shall be a body corporate with perpetual succession.

(2) For the performance of its functions, a District Assembly may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction.

(3) Where there is hindrance to the acquisition of property by a District Assembly, the property may be acquired for the District Assembly under the State Lands Act, 1962 (Act 125) and the cost shall be borne by

the District Assembly.

Composition of District Assembly

5. (1) A District Assembly shall consist of the following members:

(a) the District Chief Executive;

(b) one person from each electoral area within the district elected by universal adult suffrage in accordance with regulations made for the purpose by the Electoral Commission;

that fall within the area of authority of the District Assembly; and

(d) other members that shall not exceed thirty per cent of the total membership of the District Assembly appointed by the President in consultation with the traditional authorities and other interest groups in the district.
(2) A member of Parliament shall

(a) be counted among the seventy per cent in the calculation of the thirty per cent of the appointed members; and

(b) not have voting rights.

(3) The members appointed under paragraph (d) of subsection (1) may be re-appointed.

(4) A District Assembly may conduct its business in English and in any local language common to the communities in the district.

(5) The District Co-ordinating Director appointed under subsection

(1) of section 75 shall be the Secretary to the District Assembly.

Membership of District Assembly

Election to District Assembly

6. (1) Elections to District Assemblies shall be held once every four years.

(2) An election specified in subsection (1) and elections to Parliament shall be held at least six months apart.

(3) Whenever a situation arises in which the Electoral Commission is unable to conduct a District Level election, the President may appoint an Interim Management Committee to perform the functions of the Assembly until elections are conducted.

Qualifications and disqualifications of members of District Assemblies

7. (1) A person qualifies to be elected or appointed to a District Assembly if the person

(a) is a citizen of Ghana of not less than eighteen years of age;

(b) is a registered voter;

(c) is ordinarily resident in the district in which the person seeks election or for whose District Assembly the person is to be appointed; and

(d) has paid all taxes and rates or made arrangements satisfactory to the appropriate authority for the payment of the taxes and rates.
(2) For the purpose of paragraph (c) of subsection (1), a person is deemed to be ordinarily resident in a district if within the four years before the election or the appointment to the District Assembly, that person has lived in the district for an aggregate period of not less than twelve months.

(3) A person is not qualified to be elected or appointed to a District Assembly if that person.

(a) is of unsound mind;

(b) has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or violence or has been convicted of an offence under an enactment in force in the Republic;

(d) being a professional person is disqualified from practising that profession on grounds of malpractice, fraud or dishonesty by the competent professional body.

(4) A member of staff of a District Assembly shall not be a member of the same District Assembly, whether elected or appointed.
(5) Paragraph (c) of subsection (1) and subsection (2) do not apply to the District Chief Executive.

(6) A person shall not at any time be a member of more than one District Assembly.

Mode of seeking election

8. (1) A candidate who seeks election to a District Assembly or to any lower local government unit shall present that candidate’s self to the electorate as an individual and shall not use any symbol associated with

any political party.
(2) A political party shall not endorse, sponsor, offer a platform to or in any way campaign for or against a candidate who seeks election to a District Assembly or any lower local government unit.

(3) A candidate who contravenes subsection (1) commits an offence and is liable on summary conviction to the cancellation of the nomination of that candidate by the Electoral Commission.
(4) A political party that contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fifty penalty units.

Cessation of office of a member

9. (1) A person shall cease to be a member of a District Assembly

(a) upon death;

(b) upon revocation of the mandate of that person, but that person shall be disqualified from standing as a candidate for only two terms immediately after the revocation;

(d) if that person fails to disclose any financial interest that person may have in a contract before the District Assembly for consideration;

(e) if that person is absent from more than three consecutive ordinary meetings of the District Assembly without the written permission of the Presiding Member of the District Assembly; or

(f) upon the dissolution of the District Assembly.

(2) The District Assembly shall refer a complaint made to it that a member of the District Assembly has ceased to hold office under paragraphs (d) and (e) of subsection (1) to the Public Relations and Complaints Committee to investigate.

(3) The Public Relations and Complaints Committee shall submit a report on its findings to the District Assembly within a time to be stipulated by the District Assembly.
(4) Where the District Assembly, after studying the report is satisfied that a member is affected by paragraph (d) or (e) of subsection

(1), it shall decide that the member shall cease to be a member of the District Assembly by resolution, supported by two thirds of members present and voting.

(5) A member of the District Assembly who is aggrieved by a decision of the District Assembly about cessation of membership may have recourse to a court of law.

Revocation of mandate of member

10. (1) The mandate of an elected member of a District Assembly may be revoked by the electorate.

(2) For the purpose of revoking the mandate of an elected member, twenty-five per cent or more of the registered voters in the electoral area may petition the Electoral Commission for a recall of that member from the District Assembly.

(3) The Electoral Commission shall conduct a referendum to decide whether or not the member must be recalled.
(4) The issue at the referendum shall be decided if at least

(a) forty per cent of the registered voters in the electoral area vote on the issue; and

(b) sixty per cent of the votes cast are in favour of the recall of the member.

(5) Where an elected member of a District Assembly

(a) is recalled

(b) is removed

(d) dies; or

(e) ceases to be a member by reason of section 9 (1) (e) a by-election shall be held to elect another person to replace the elected member.
(6) Subsection (5) does not apply where the recall, removal, resignation or death occurs within six months before the end of the tenure of the elected member.

(7) Whenever a vacancy occurs in a District Assembly in respect of an elected member, the Secretary to the Assembly shall notify the Electoral Commission in writing, within seven days after becoming aware that the vacancy has occurred and a by-election shall be held within thirty days after the vacancy occurred except that, where the vacancy occurred by the death of the elected member, the by-election shall be held within sixty days after the occurrence of the vacancy.

(8) Where the occurrence of the vacancy is occasioned by the death of an appointed member, the Secretary to the Assembly shall notify the President through the Minister, of the occurrence of the vacancy and the

President shall within thirty days, appoint another person to the District Assembly.
(9) The appointment of an appointed member of a District Assembly may be revoked by the President,

(a) upon the recommendation of three-fourths of the members of the District Assembly on grounds that the member has

(i) systematically neglected the duties of an appointed member of a District Assembly; or

(ii) committed acts incompatible with the office as a member of the District Assembly for which sufficient

evidence is available; or

(b) upon a complaint made of wrong doing or improper conduct established to be true after investigation by an ad-hoc committee of the District Assembly.

(10) Where the appointment of an appointed member of a District Assembly is revoked, another person may be appointed to replace the appointed member.
(11) A person appointed under subsection (10) shall serve the term of the member whose appointment has been revoked and may be re-appointed.

Emoluments of members of District Assemblies

11. (1) The emoluments of a District Chief Executive of a District Assembly shall be determined by Parliament and shall be charged on the Consolidated Fund.
(2) The emoluments of a Presiding Member of a District Assembly and other members of the District Assembly shall be determined by the District Assembly and paid out of the District Assembly’s own

resources.

Functions of District Assembly

12. (1) A District Assembly shall

(a) exercise political and administrative authority in the district;

(b) promote local economic development; and

(c) provide guidance, give direction to and supervise other administrative authorities in the district as may be prescribed by law.
(2) A District Assembly shall exercise deliberative, legislative and executive functions.

(3) Without limiting subsections (1) and (2), a District Assembly shall
(a) be responsible for the overall development of the district; (b) formulate and execute plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall development of the district;

(c) promote and support productive activity and social development in the district and remove any obstacles to initiative and development;

(d) sponsor the education of students from the district to fill particular manpower needs of the district especially in the social sectors of education and health, making sure that the sponsorship is fairly and equitably balanced between male and female students;

(e) initiate programmes for the development of basic infrastructure and provide municipal works and services in the district;

(f) be responsible for the development, improvement and management of human settlements and the environment in the district;

(g) in co-operation with the appropriate national and local security agencies, be responsible for the maintenance of security and public safety in the district;

(h) ensure ready access to courts in the district for the promotion of justice;

(i) act to preserve and promote the cultural heritage within the district;

(j) initiate, sponsor or carry out studies that may be necessary for the discharge of any of the duties conferred by this Act or any other enactment; and

(k) perform any other functions that may be provided under another enactment.

(4) A District Assembly shall take the steps and measures that are necessary and expedient to

(a) execute approved development plans for the district;

(b) guide, encourage and support sub-district local structures, public agencies and local communities to perform their functions in the execution of approved development plans;

(d) promote or encourage other persons or bodies to undertake projects under approved development plans; and

(e) monitor the execution of projects under approved development plans and assess and evaluate their impact on the development of the district and national economy in accordance with government policy.

(5) A District Assembly shall co-ordinate, integrate and harmonise the execution of programmes and projects under approved development plans for the district and other development programmes promoted or

carried out by Ministries, Departments, public corporations and other statutory bodies and non-governmental organisations in the district.
(6) A District Assembly in the discharge of its duties shall (a) be subject to the general guidance and direction of the President on matters of national policy; and (b) act in co-operation with the appropriate public corporation, statutory body or non-governmental organisation.

(7) Public corporations, statutory bodies and non-governmental organisations shall co-operate with a District Assembly in the performance of their functions.
(8) In the event of a conflict between a District Assembly and an agency of the central Government, public corporation, statutory body, non-governmental organisation or individual over the application of subsection (5), (6) or (7), the matter shall be referred by either or both parties to the Regional Co-ordinating Council for resolution.

(9) The Instrument that establishes a particular District Assembly or any other Instrument, may confer additional functions on the District Assembly.

Functions under other enactments

13. (1) A District Assembly shall be the authority to carry out and execute within its district the provisions of

(a) the Auction Sales Act, 1989 (P.N.D.C.L. 230);

(b) the Liquor Licensing Act, 1970 (Act 331); and

(c) the Control and Prevention of Bushfires Act, 1990 (P.N.D.C.L. 229).
(2) A District Assembly shall be the authority to carry out and execute the following provisions of the Criminal Offences Act, 1960 (Act 29) within its district:

(a) section 296 in respect of throwing rubbish in the street; and

(b) section 300 in respect of stray cattle.
(3) For the purpose of subsection (1), the District Assembly shall, within its district, have the powers, rights, duties, capacities, liabilities and obligations of a person or authority mentioned in the enactment.

(4) Subsection (3) does not include the powers of a court or the Commissioner of the Customs Division of the Ghana Revenue Authority.
(5) For the purpose of the Liquor Licensing Act, 1970, (Act 331), the District Finance Officer or another designated officer of the District Assembly shall be the Licensing Officer.

(6) For the purpose of section 296 of the Criminal Offences Act, 1960 (Act 29), the reference to the Engineer-in-Chief of Public Works includes the District Engineer of the District Assembly or an Engineer

appointed in writing by the District Assembly.
(7) For the purpose of section 300 of the Criminal Offences Act, 1960 (Act 29), the District Finance Officer or other designated officer of the District Assembly is deemed to be the Controller and Accountant-

General or the representative of the Controller and Accountant-General.
(8) Nothing contained in this section shall derogate from the statutory or other functions of the police, whether exercisable under the enactments specified in this section or otherwise and any person or authority

performing a function under this subsection shall act in consultation with the police.

Health officers of District Assembly

14. A person who discharges the duties of a Medical Officer or Sanitary Inspector under the Public Health Act, 2012 (Act 851) shall be an officer of the District Assembly of that area to give effect to and

enforce by-laws related to public health made by the District Assembly.

Delegation of functions of District Assembly

15. (1) A District Assembly may delegate any of the functions of the District Assembly to a Sub-Metropolitan District Council, Urban, Zonal, Town or Area Council or Unit Committee or any other body or person as it may determine.

(2) Despite subsection (1), a District Assembly shall not delegate its power to legislate, levy taxes, rates, duties and fees or borrow money to a Sub-Metropolitan District Council, Urban Zonal, Town or Area

Council or Unit Committee.

Duties of a member of a District Assembly

16. (1) A member of a District Assembly shall as appropriate

(a) maintain close contact with the electoral area of the District Assembly, consult the people of the electoral area on issues to be discussed in the District Assembly, collate their views, opinions, and proposals;

(b) present the views, opinions and proposals of the electorate to the District Assembly;

(c) attend meetings of the District Assembly and meetings of sub-committees of which that member of the District Assembly is a member;

(d) meet the electorate before each meeting of the District Assembly;

(e) report to the electorate the

(i) general decision of the District Assembly: and

(ii) actions the member has taken to solve problems raised by residents in the electoral area;

(f) draw attention in general debate to national policies that are relevant to the subject under discussion;

(g) actively participate in the work of the sub-committees of the Executive Committee;

(h) bring to bear on any discussion in the District Assembly the benefit of the skill, profession, experience or specialised knowledge of the member;

(i) maintain frequent liaison with organised productive economic groupings and other persons in the district; and

(j) take part in communal and development activities in the district.

(2) A member of a District Assembly shall, in the discharge of the duty, have due regard to the national interest and the interest of the people in the district.

Administration of a District Assembly

Presiding Member of District Assembly

17. (1) There shall be a Presiding Member of each District Assembly who shall be elected by the members of the District Assembly from among their number.

(2) The Presiding Member shall not be the District Chief Executive or a Member of Parliament.
(3) The Presiding Member shall be elected by at least a two-thirds majority of all the members of the District Assembly.

(4) The Presiding Member shall hold office for a term of two years and is eligible for re-election subject to subsection (6).

(5) The Presiding Member shall convene and preside at meetings of the District Assembly and perform other functions prescribed by law and the Standing Orders of the District Assembly.

(6) The Presiding Member shall cease to hold office whenever the District Assembly, by a majority of at least two-thirds of all the members of the District Assembly, vote to remove that Presiding Member from

office.

(7) The District Assembly shall adopt the Model Standing Orders with the necessary modifications prior to the conduct of any business at the first sitting of the first meeting of the District Assembly.

(8) The emoluments of a Presiding Member of a District Assembly shall be determined by the District Assembly.

Meetings of District Assembly

18. (1) A District Assembly shall meet at least three times in a year.

(2) Matters for decision by the District Assembly shall be determined by the votes of the majority of members present and voting.

(3) In the event of equality of votes, the Presiding Member shall have a casting vote.

(4) The validity of proceedings of a District Assembly shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.

(5) A District Assembly may at any time summon any public officer in the district to attend any of its meetings to provide information or assistance as the District Assembly may require.

(6) The Minister shall develop Model Standing Orders for the conduct and proceedings of District Assemblies.

Executive Committee of District Assembly

19. (1) There shall be established an Executive Committee of a District Assembly to be responsible for the performance of the executive functions of the District Assembly.

(2) An Executive Committee shall consist of

(a) the District Chief Executive as chairperson;

(b) the chairpersons of the following Sub-Committees of the Executive Committee

(i) Development Planning,

(ii) Social Services,

(iii) Works,

(iv) Justice and Security, and

(v) Finance and Administration;

(d) any two other members elected by members of the District Assembly, at least one of whom is a woman.

(3) The Secretary of the District Assembly shall be the Secretary of the Executive Committee.

District Chief Executive

20. (1) There shall be a District Chief Executive for each district appointed by the President with the prior approval of not less than two-thirds majority of the members of the District Assembly present and

voting at the meeting.

(2) A District Chief Executive shall

(a) preside at meetings of the Executive Committee of the District Assembly and in the absence of the District Chief Executive a member of the Executive Committee elected by the members present from among themselves shall preside;

(b) be responsible for the day-to-day performance of the executive and administrative functions of the District Assembly;

(d) be the chief representative of the Central Government in the district.

(4) The office of the District Chief Executive shall become vacant if

(a) a vote of no confidence, supported by the votes of not less than two-thirds of all the members of the District Assembly, is passed against the District Chief Executive;

(b) the District Chief Executive is removed from office by the President; or

(5) A District Chief Executive shall hold office for four years but the District Chief Executive shall not hold office for more than two consecutive terms.

(6) The emoluments of a District Chief Executive shall be charged on the Consolidated Fund and shall be determined by Parliament in accordance with article 71 of the Constitution.

Functions of the Executive Committee

21. (1) The Executive Committee of a District Assembly shall exercise the executive and co-ordinating functions of the District Assembly.

(2) An Executive Committee shall

(a) co-ordinate the plans and programmes of the sub-committees and submit these as comprehensive plans of action to the District Assembly;

(b) implement resolutions of the District Assembly;

(d) oversee the administration of the district in collaboration with the office of the District Chief Executive;

(e) make recommendations on stated grounds to the appropriate Ministry, Department or Agency, for the appointment and replacement of officers for departments outside the control of the District Assembly where it is considered expedient to do so;

(f) develop and execute approved plans of the units, areas and towns and sub-metropolitan districts, within the area of authority of the District Assembly;

(g) recommend to the District Assembly

(i) the economic, social, spatial and human settlement policies related to the development of the district;

(ii) harmonisation of the development policies of the district with national development policies;

(iii) the integration and co-ordination of the processes of planning, programming, budgeting and implementation;

(iv) initiation and implementation of development programmes and projects at the district level; and

(v) the monitoring and evaluation of policies, programmes and projects.

(3) An Executive Committee shall in between meetings of a District Assembly, carry out functions of the District Assembly other than the legislative function of the District Assembly.

(4) The Executive Committee shall communicate its decisions to Members of the District Assembly at least seven days before the meeting of the District Assembly.

Meetings of Executive Committee

22. (1) An Executive Committee may co-opt any person to attend its meetings but a co-opted person shall not vote.

(2) An Executive Committee may conduct its business in English and in any local language decided under subsection (4) of section 5.

(3) The validity of the proceedings of the Executive Committee shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.

(4) An Executive Committee shall regulate the procedures for its meetings in accordance with the Standing Orders of the District Assembly.

Sub-committees of the Executive Committee

23. (1) An Executive Committee shall have the following subcommittees:

(a) Development Planning Sub-Committee;

(b) Social Services Sub-Committee;

(d) Justice and Security Sub-Committee;

(e) Finance and Administration Sub-Committee; and

(f) any other sub-committee the District Assembly may determine.

(2) Each sub-committee shall consist of members of the District Assembly determined by the District Assembly.

(3) A member of the District Assembly other than the Presiding Member shall serve on at least one sub-committee during the tenure of office of that member.

(4) Recommendations to the District Assembly for the constitution of a sub-committee shall be made by the District Chief Executive in consultation with the Secretary to the District Assembly.

(5) Heads of Departments of the District Assembly shall attend the meetings of the sub-committees and shall advise them on the performance of their functions but shall not vote.

(6) A sub-committee may co-opt a person to attend any of its meetings but a co-opted person shall not vote.

(7) A sub-committee shall regulate the procedure for its meeting in accordance with the Standing Orders of the District Assembly.

(8) The District Assembly may dissolve and re-constitute a sub-committee that is not performing its functions efficiently.

(9) The dissolution shall be supported by two-thirds of all members of the District Assembly present and voting.

(10) The Secretary to the District Assembly shall appoint a Head of Department of a sector relevant to the work of a sub-committee to be the Secretary to the sub-committee.

Functions of sub-committees

24. (1) The functions of the sub-committees of the Executive Committee shall be as provided in the Model Standing Orders issued by the Minister for the conduct and proceedings of District Assemblies.

(2) A sub-committee shall collate and deliberate on issues of its responsibility to assist the District Assembly in the deliberative, legislative and executive functions of the District Assembly.

(3) A sub-committee shall submit its recommendations to the Executive Committee of the District Assembly.

Instrument of Establishment of Metropolitan Assembly
25. (1) The provisions on the functions and meetings of an Executive Committee and the Sub-Committees and functions of an Executive Sub-Committee shall not apply to a Metropolitan Assembly.

(2) The legislative instrument establishing a Metropolitan Assembly shall specify its sub-committee system and other related matters.

Dissemination of Information

Public Relations and Complaints Committee

26. (1) A District Assembly shall have a Public Relations and Complaints Committee consisting of

(a) the Presiding Member who shall be the chairperson;

(b) five members of the District Assembly elected by the members of the District Assembly;

(i) National Commission for Civic Education,

(ii) Commission on Human Rights and Administrative Justice,

(iii) Information Services Department, and

(iv) civil society organisations in the district selected by the civil society organisations.

(2) A person appointed under subparagraph (iv) of paragraph

Functions of the Public Relations and Complaints Committee

27. (1) The Public Relations and Complaints Committee shall

(a) educate the members of the public on the activities of the District Assembly;

(b) promote transparency, probity and accountability in the dealings of the District Assembly with the public;

(c) investigate complaints or allegations made against the conduct of the District Chief Executive, members of the District Assembly, staff of the District Assembly and staff of the departments of the District Assembly;

(d) investigate complaints or allegations of administrative injustice, abuse and misuse of office and violation of the fundamental human rights of any member of the public in the district against the District Chief Executive, a member of the District Assembly, staff of the District Assembly and staff of the departments of the District Assembly;

(e) investigate a complaint or allegation of failure made by a person about the performance of the District Assembly or a department of the District Assembly in the discharge of its statutory duty or corporate responsibilities; and

(f) perform any other functions reasonably related to its core functions that the District Assembly may decide.

(2) The Public Relations and Complaints Committee shall not investigate a matter which is pending before a court or the Commission on Human Rights and Administrative Justice.

(3) The Public Relations and Complaints Committee shall comply with the rules of natural justice in the performance of the functions of the Committee and make recommendations to the District Assembly

in respect of its investigations for the appropriate action of the District Assembly.

(4) The Public Relations and Complaints Committee may make the following specific recommendations through the District Assembly:

(a) to the Electoral Commission to commence processes for the revocation of the mandate of an elected member of the District Assembly under subsections (1) to (6) of section 10;

(b) to the President for the revocation of the appointment of an appointed member under subsections (7), (9) and (10) of section 10; or

(5) The Public Relations and Complaints Committee may also recommend that the District Assembly commences the processes to pass a vote of no confidence in the District Chief Executive.

District Chief Executive to address District Assembly

28. (1) The District Chief Executive may address the District Assembly in session on policies determined by the President.

(2) The District Chief Executive shall

(a) present a report on the performance of the functions of the Executive Committee, of the office of the District Chief Executive as well as of the state of the district to the District Assembly at the beginning of each session; and

(b) submit the recommendations of the District Assembly on matters of national concern to the Minister and the Regional Co-ordinating Council at the end of each session.

Other appointees of President to address District Assembly

29. A Minister of State or other appointee of the President may address the District Assembly on personal initiative, at the invitation of the District Assembly, or on the directive of the President on a matter related to the sector or function of the Minister or appointee of the President.

Other Matters Concerning District Assemblies

Provision of offices by District Assemblies

30. A District Assembly may

(a) build, acquire, provide, hire and furnish buildings within the administrative area of the District Assembly,

(b) combine with another District Assembly to build, acquire, provide, hire and furnish a building within or outside the administrative area of the District Assembly, or

hiring and furnishing any building within or outside the administrative area of the District Assembly to be used to transact the business of the District Assembly and for public meetings.

Joint committees of District Assemblies

31. (1) A District Assembly may appoint a joint committee with another District Assembly for a project in their mutual interest and may delegate a function of the District Assembly related to the project to the

committee.

(2) A joint committee appointed under this section may be authorised to co-opt additional members.

(3) The delegation by the District Assembly to the joint committee shall not include the power of a District Assembly to approve by-laws, draw up annual estimates, levy rates or borrow money.

(4) Where a District Assembly appoints or agrees with another District Assembly to appoint a joint committee, the District Assembly may make, vary or revoke any of its regulations related to the quorum,

proceedings and place of meetings.

(5) The quorum for proceedings and place of meeting shall be as determined by the joint committee.

(6) Each joint committee appointed shall, report the proceedings of the joint committee to the District Assembly concerned through the Executive Committee and the decisions of the Executive Committee shall be subject to the approval of the District Assembly.

Joint commercial activity

32. A District Assembly may join another District Assembly to carry out any commercial activity that falls within the scope of their respective functions and may determine the allocation of the cost and benefits in

respect of that activity.

Procurement powers and tender procedures of District Assembly

33. The procurement powers and tender procedures of a District Assembly shall be in accordance with the relevant procurement laws.

Power of District Assembly to insure

34. A District Assembly may

(a) insure the property of the District Assembly against a risk of any kind; or

(b) insure a third party against injury or damage resulting from an act or omission by a member of staff of the District Assembly in the performance of an official function.

Ancillary powers of a District Assembly

35. (1) A District Assembly may

(a) through the District Chief Executive, authorise any person in writing to enter land, premises or any place at a reasonable time for a purpose connected with the functions of the District Assembly;

(b) request any person in writing to furnish the District Assembly with information reasonably necessary for the performance of the functions of the District Assembly; and

(c) give directions to any person that may be reasonably necessary for the performance of the functions of the District Assembly.

(2) A person who

(a) wilfully obstructs an officer of a District Assembly in the carrying out of the functions of the District Assembly,

(b) fails to furnish information requested from that person without reasonable excuse, proof of which shall be on that person, or

(c) gives information in response to a request made under this section which that person knows to be false, or which that person has no reasonable grounds to believe to be true, commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and

fifty penalty units or to a term of imprisonment of not less than six months and not more than two years or to both and in the case of a continuing offence to a fine of not more than five penalty units for each day that the

offence continues.

Investigation by the President

36. The President may cause the performance of any function or matter of a District Assembly under this or any other enactment to be investigated if the matter is likely to affect the discipline of the District Assembly and shall give directions as appropriate.

Power of President to enforce functions of District Assembly

37. (1) The President may declare a District Assembly to be in default of its functions by Executive Instrument if it is in the public interest to do so and may by the same or another Executive Instrument

(a) direct the District Assembly on how to perform any of its functions within the time specified in the Executive Instrument; or

(b) transfer to a person or body the performance of any of the functions of the District Assembly in default specified in the Executive Instrument.

(2) Where the President has transferred the performance of any of the functions of a District Assembly in default to a person or body, the President may, by the same or another Executive Instrument, dissolve or

suspend the District Assembly for not more than one year or prohibit that District Assembly from the performance of certain functions specified in the Executive Instrument for not more than one year.

(3) The President may issue an Executive Instrument to continue the suspension of a District Assembly in default for a period of not more than one year at any one time.

Expenses in respect of transferred functions

38. Where any functions of a District Assembly are transferred by the President to a person or body by Executive Instrument, the expenses incurred by the person or body in the performance of those functions shall be a debt due from the District Assembly concerned, to the person or body.

District Assemblies to contribute to Association

39. (1) A District Assembly shall make a contribution to the National Association of Local Authorities of Ghana as the Association may determine.

(2) The contribution shall be in respect of any expenditure incurred by the Association to undertake its business and hold its meetings.

Participatory Governance at the Local Level

Participation in District Assembly processes

40. A District Assembly shall enable the residents and other stakeholders in the district to participate effectively in the activities of the District Assembly and the sub-district structures of the District Assembly.

Participation in by-laws and fee-fixing resolutions

41. District level stakeholders may

(a) participate in the deliberative function of the District Assembly by the publication of a draft by-law or fee-fixing resolution in a media of mass communication in the district that includes radio, the print media, notice boards on the premises of the District Assembly and in the major towns and settlements in the district, before the commencement of proceedings on the draft by-law or fee-fixing resolution;

(b) make representations to the District Assembly through the Secretary to the District Assembly on any provision of the draft by-law or proposal in the fee-fixing resolution;

(c) appear before a sub-committee of the Executive Committee to which a draft by-law or fee-fixing resolution is referred to make an oral representation;

(d) attend the proceedings of the District Assembly as observers when a draft by-law or fee-fixing resolution is being debated;

(e) disseminate the by-law or fee-fixing resolution as widely as possible and play an advocacy role on the contents of the by-law or fee-fixing resolution after the enactment of the by-law or the adoption of a fee-fixing resolution.

(2) The District Assembly shall cause a public announcement to be made at least ten working days before the first day of submission of the draft by-law or the fee-fixing resolution to the District Assembly for the first time.

Modalities and platforms for participation

42. A District Assembly shall facilitate the establishment of a structure for stakeholder participation that may include the following:

(a) information communication technology-based platforms;

(b) town hall meetings;

(d) notice boards announcing jobs, appointments, procurement awards and other important announcements of public interest;

(e) visits to development project sites; and

(f) other avenues for the participation of the people.

Right of stakeholders to petition

43. (1) District level stakeholders may petition the District Assembly on any matter for which the District Assembly is responsible;

(2) The petition shall be made in writing or orally to the Secretary to the District Assembly.

(3) A District Assembly shall make a by-law on the procedure for the petition.

Duty of District Assembly to respond to petition of stakeholders

44. Officials, departments and agencies of a District Assembly shall

(a) acknowledge receipt of the petition of a stakeholder within seven days; and

(b) respond to the petition within three months of receipt of the petition.

District Chief Executive to report on participation
45. The District Chief Executive, in the report to the District Assembly, shall include a report on stakeholder participation in the activities of the District Assembly.

District Assembly communication

46. (1) A District Assembly shall

(a) create awareness on local level decentralisation and governance; (b) promote public understanding for purposes of peace and national cohesion;

(c) undertake advocacy on core development issues such as agriculture, education, health, security, economics and sustainable development.

(2) A District Assembly shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest public outreach possible in the district which may include

(a) television stations;

(b) information communication technology centres;

(d) community radio stations; and

(e) public meetings.

(3) A District Assembly shall encourage and facilitate other means of mass communication including the traditional media.

Access to information

47. (1) Every resident in a district shall have access on request to information held by a District Assembly or a Department of the District Assembly subject to limitation imposed by law.

(2) The Secretary to a District Assembly is responsible for ensuring access to information on request.

Inclusion and integration of minorities and marginalised groups

48. A District Assembly shall observe the following principles:

(a) protection of marginalised groups from discrimination of any kind, including discrimination based on language, religion, culture, national or social origin, gender, birth, descent or other status;

(b) equality of treatment in each area of economic, educational, social, religious, political and cultural life of the marginalised and minority group;

(c) special protection to vulnerable persons who may be subject to threats or acts of discrimination, hostility, violence and abuse as a result of their ethnic, cultural, religious or other identity;

(d) special measures of affirmative action for marginalised and minority groups to ensure their enjoyment of equal rights with the rest of the population;

(e) respect for and promotion of the identity and characteristics of minorities;

(f) promotion of diversity and inter-cultural education; and

(g) promotion of effective participation of marginalised groups in public and political life.

PART TWO - LOCAL GOVERNMENT SERVICE

Establishment of the Local Government Service

49. (1) There is established by this Act, a body corporate with perpetual succession to be known as the Local Government Service.

(2) The Service shall be decentralised at the regional, district and sub-district levels.

(3) For the performance of its functions, the Service may acquire and hold movable and immovable property, dispose of property and 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 Service under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Service.

Membership of the Service

50. Membership of the Service includes officers and staff of the

following organisations:

(a) Offices of the District Assemblies;

(b) Departments of the District Assemblies;

(d) Departments of the Regional Co-ordinating Councils;

(e) Offices of the Sub-Metropolitan District Councils, Urban,

Town and Area Councils;

(f) Office of the Head of the Local Government Service; and

(g) other persons as may be employed for the Service.

Object of the Service

51. The object of the Service is to secure the effective administration and management of the decentralised local government system in the country.

Functions of the Service

52. To achieve its object, the Service shall

(a) provide technical assistance to District Assemblies to enable the District Assemblies effectively perform their functions and discharge their duties in accordance with the Constitution and this Act;

(b) conduct organisational and job analysis for the District Assemblies;

(d) design and co-ordinate management systems and processes for the District Assemblies;

(e) develop and co-ordinate the personnel plans and assess the personnel needs of the District Assemblies in consultation with the District Assemblies;

(f) develop and co-ordinate the training implementation plans of the District Assemblies in consultation with the respective District Assemblies;

(g) develop professional standards and guidelines for the various categories of staff who are members of the Service;

(h) work in consultation and close co-operation with other Public Services;

(i) assist the District Assemblies in the performance of their functions under any other enactment; and

(j) perform other functions incidental or conducive to the achievement of the object of the Service.

Governing body of the Service

53. (1) The governing body of the Service is a Council consisting of

(a) a chairperson with extensive experience in local government and decentralisation matters;

(b) a representative of the Ministry responsible for Local Government not below the rank of a Director;

(d) a representative of the Ministry of Education not below the rank of a Director;

(e) a representative of the Ministry of Health not below the rank of a Director;

(f) the Head of the Local Government Service;

(g) the Administrator of the District Assemblies Common Fund or the representative of the Administrator;

(h) a representative of the National Association of Local

Authorities of Ghana;

(i) a representative of the local government workers nominated by the workers;

(j) the Director of the Institute of Local Government Studies or a representative of the Director;

(k) a representative of the National House of Chiefs;

(l) two representatives of civil society organisations with considerable knowledge of local government and decentralisation matters nominated by the Minister; and

(m) two women with considerable knowledge of local government and decentralisation matters nominated by the Minister.

(2) The members of the Council shall be appointed by the President in accordance with article 70 of the Constitution.

Functions of the Council

54. The Council shall

(a) be responsible for matters of policy related to the management of the Service;

(b) ensure the proper and effective performance of the functions of the Service;

(c) approve a Scheme of Service , on the advice of the Public Services Commission, that prescribes the terms and conditions of service of the employees of the Service;

(d) recommend the remuneration of the employees of the Service to the Fair Wages and Salaries Commission;

(e) develop policy guidelines to handle matters related to the recruitment, training, promotion, discipline, arbitration and petition within the Service;

(f) set performance standards within which the District Assemblies and Regional Co-ordinating Councils shall perform their functions and discharge their duties;

(g) monitor and evaluate the performance standards of District Assemblies and Regional Co-ordinating Councils;

(h) ensure the development and co-ordination of the personnel plans and assessment of the personnel needs of the District Assemblies;

(i) ensure the development and co-ordination of the training implementation plans of District Assemblies;

(j) ensure the development of professional standards and guidelines for the various categories of staff who are members of the Service; and

(k) perform other functions that may be assigned to it under this Act or any other enactment.

Tenure of office of members of the Council

55. (1) A member of the Council shall hold office for a period of not more than four years and is eligible for re-appointment but that member shall not be appointed for more than two terms.

(2) Subsection (1) does not apply to the Head of the Local Government Service.

(3) A member of the Council may, at any time, resign from office in writing addressed to the President through the Minister.

(4) A member of the Council, other than the Head of the Local Government Service, who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council.

(5) The President may by letter addressed to a member revoke the appointment of that member.

(6) Where a member of the Council is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy.

(7) Where there is a vacancy

(a) under subsection (3) or (4), or section 57(2),

(b) as a result of a declaration under subsection (6), or

(c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.

Meetings of the Council

56. (1) The Council shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson.

(2) The chairperson shall at the request in writing of not less than one-third of the members of the Council convene an extraordinary meeting of the Council at the place and time determined by the chairperson.

(3) The chairperson shall preside at the meetings of the Council and in the absence of the chairperson, a member of the Council other than the Head of the Local Government Service elected by the members

present from among their number shall preside.

(4) Matters before the Council shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.

(5) The Council may co-opt a person to attend a meeting of the Council but that person shall not vote on a matter for decision at the meeting.

(6) The validity of an act of the Council shall not be invalidated by reason of a vacancy in the membership of the Council or a defect in the appointment of a member.

Disclosure of interest

57. (1) A member of the Council who has an interest in a matter for consideration shall

(a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and

(b) not be present at or participate in the deliberations of the Council in respect of the matter.

(2) A member ceases to be a member of the Council if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or

(b) fails to recuse himself or herself and participates in the deliberation of the Council in respect of the matter.

Committees of the Council

58. (1) The Council may establish committees consisting of members of the Council or non-members or both to perform a function.

(2) A committee of the Council may be chaired by a member of the Council.

(3) Section 57 applies to a member of a committee of the Council.

Allowances

59. Members of the Council and members of a committee of the Council shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.

Presidential directives

60. The President may give directives to the Council on matters of policy and the Council shall comply.

Delegation of power of appointment

61. The President may delegate the power of appointment under this Act in accordance with Article 195 of the Constitution.

Administration of the Service

Head of the Local Government Service

62. (1) The President shall in accordance with Article 195 of the Constitution appoint a Head of the Local Government Service.

(2) The Head of the Local Government Service shall hold office on the same terms and conditions as the Head of the Civil Service.

Functions of the Head of the Local Government Service

63. (1) The Head of the Local Government Service is the head of the Office of the Head of the Local Government Service and is subject to the general directions of the Council.

(2) The Head of the Local Government Service is responsible for the efficient organisation and management of the Service and for the day to day operation of the Office of the Head of the Local Government Service.

(3) The Head of the Local Government Service may delegate the functions of the Office to an officer of the Service but shall not be relieved from ultimate responsibility for the performance of the delegated

function.

(4) The Head of the Local Government Service shall

(a) provide leadership and guidance in the performance of the functions of the Service and the implementation of the decisions of the Council;

(b) ensure the effective organisation and development of training programmes consistent with the sectoral requirements of the Service;

(c) establish systems of effective inter-service and sectoral collaboration and co-operation between the Service and other public services to harmonise local government programmes and avoid duplication with the approval of the Council; and

(d) initiate plans and programmes within the Service, for the consideration and approval of the Council to accelerate the decentralisation process in accordance with the Constitution and any other enactments.

(5) The Head of the Local Government Service is the Secretary to the Council.

Office of the Head of the Local Government Service

64. The Local Government Service Secretariat in existence before the commencement of this Act shall be known as the Office of the Head of the Local Government Service.

Functions of the Office of the Head of the Local Government Service

65. The Office of the Head of the Local Government Service shall (a) be responsible for the day to day administration of the Service;

(b) be responsible for the implementation of the decisions of the Council;

(d) ensure the effectiveness of the Service;

(e) perform functions that the Council may specify; and

(f) perform any other functions that are incidental to the effective operation of the Service.

Chief Director of the Office of the Head of the Local Government Service

66. (1) The President shall in accordance with Article 195 of the Constitution appoint a Chief Director of the Office of the Head of the Local Government Service to be the chief adviser to the Head of the

Local Government Service.

(2) The Chief Director shall have the same terms and conditions as a Chief Director of the Civil Service.

Appointment of other staff

67. (1) The President shall, in accordance with Article 195 of the Constitution, appoint other staff of the Local Government Service that are necessary for the proper and effective performance of the functions

of the Service.

(2) The Council may engage the services of consultants or advisers on the recommendation of the Head of the Local Government Service.

Transfer or secondment

68. (1) Other public officers may be transferred or seconded to the Local Government Service.

(2) The Council shall approve the transfer or secondment to the Office of the Head of the Local Government Service.

Expenses and Reports of the Council and the Office of the Head of the Local

Government Service

Expenses of the Office of the Head of the Local Government Service

69. The expenses of the Office of the Head of the Local Government Service, including the administrative expenses, salaries, allowances, operational and other expenses as well as retirement benefits payable in

respect of persons employed for and by the Office of the Head of the Local Government Service, shall be a charge on the Consolidated Fund.

Submission of budget estimates on the authority of the Council

70. (1) The Head of the Local Government Service shall prepare and submit to the Minister responsible for Finance through the Minister, the budget estimates of revenue and expenditure to be incurred by the Council and the Office of the Head of the Local Government Service for the next financial year not later than three months before the end of each financial year.

(2) The budget estimates shall be in the form approved for that purpose by the Minister responsible for Finance.

Accounts and audit

71. (1) The Council shall keep books of account and proper records in relation to them in the form approved by the Controller and Accountant-General

(2) The Council shall submit the accounts of the Service to the Auditor-General for audit within three months after the end of the financial year.

(3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Council.

Annual report and other reports

72. (1) The Council shall, within one month after the receipt of the audit report, submit an annual report covering the activities and operations of the Service for the year to which the report relates to Parliament.

(2) The annual report shall include the report of the Auditor-General.

(3) The Council shall also submit to Parliament through the Minister any other reports which Parliament may require.

Office of the District Assembly

73. There shall be an Office of the District Assembly for each District Assembly.

Functions of Office of the District Assembly

74. The Office of the District Assembly is responsible to the District Assembly in the performance of its functions.

District Co-ordinating Director

75. (1) There shall be a District Co-ordinating Director for each District Assembly who (a) is the administrative head of the Office of the District Assembly, and

(b) co-ordinates the activities of the Departments of the District Assembly.

(2) The District Co-ordinating Director shall be appointed by the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission.

(3) The District Co-ordinating Director shall be a member of the Service.

(4) The District Co-ordinating Director shall ensure that the functions and responsibilities of the Office of the District Assembly are efficiently and effectively carried out.

(5) The District Co-ordinating Director is answerable to the District Chief Executive in the performance of the functions of the District Co-ordinating Director.

(6) Staff of the Office of the District Assembly are answerable to the District Chief Executive through the District Co-ordinating Director.

Staff of the Office of the District Assembly

76. (1) The Office of the District Assembly shall have the staff that are necessary for the proper and effective performance of its functions.

(2) Until legislation provides for the appointment of the staff of the Office of the District Assembly by the District Assembly, the staff of the District Assembly shall be appointed by the Head of the Local

Government Service.

(3) The Head of the Local Government Service may delegate the powers to the District Assembly in respect of specified categories of staff.

(4) A District Assembly shall establish a five member District Appointments Advisory Committee chaired by the District Co-ordinating Director to be responsible for the appointment of staff of the District Assembly with the prior approval of the Head of the Local Government Service.

(5) The Head of the Human Resource Department shall be the Secretary to the Appointments Advisory Committee.

(6) The members of the District Appointments Advisory Committee shall not be members of the District Assembly.

(7) The staff of the Office of the District Assembly shall perform the functions assigned to them under this or any other enactment.

(8) The staff of the Office of the District Assembly shall be appointed on the terms and conditions that the Head of Service on the advice of the Council acting in consultation with the Public Services Commission determines.

Departments of the District Assembly

Decentralised sectors at the district level

77. (1) The sectors listed in the First Schedule are the decentralised public service sectors.

(2) The President may amend the Third Schedule by Executive Instrument and shall specify which of the functions of the decentralised public service sectors are to be performed by the District Assembly in the

same Executive Instrument or another one.

Departments of a District Assembly

78. (1) The Departments listed in the Second Schedule are the Departments of the District Assembly.

(2) The Departments specified in the first column of the Third Schedule shall cease to exist in their present form and shall form part of the Departments specified in the second column of the Third Schedule.

(3) A District Assembly shall establish the Departments specified in the first column of the Fourth Schedule and consequently, the Departments specified in the second column of the Fourth Schedule shall cease to exist after the coming into force of this Act.

(4) The President may by Executive Instrument amend the Second Schedule.

(5) The Departments of the District Assembly shall be headed by Heads of Departments who are responsible for the proper and effective performance of their functions.

(6) The Heads of Departments of the District Assembly shall be responsible to the District Chief Executive through the District Co-ordinating Director.

(7) The Head of the Local Government Service shall issue administrative instructions that specify

(a) the mode of implementation of the Departments ceasing to exist;

(b) the details of the reporting relationships between the Heads of Departments of a District Assembly, the District Co-ordinating Director and the District Chief Executive; and

(c) the details of the reporting relationships between the Departments of the District Assembly, the Sub-Committees of the Executive Committee of the District Assembly, the Executive Committee of the District Assembly and the District Assembly.

Staff of the Departments of the District Assembly

79. (1) The Departments of the District Assembly shall have the staff that may be necessary for the proper and effective performance of their functions.

(2) Until legislation provides for the appointment of the staff of the District Assembly by the District Assembly, the staff of the Departments of the District Assembly shall be appointed by the Head of the Local Government Service in consultation with the Public Services Commission.

(3) The Head of the Local Government Service may delegate the power of appointment to the District Assembly in respect of specified categories of staff.

(4) The staff of the Departments of the District Assembly shall perform the functions that are assigned to them under this Act or any other enactment.

(5) The staff of the Departments of the District Assembly shall be appointed on the terms and conditions that the Head of the Local Government Service on the advice of the Council acting in consultation with the Public Services Commission determines.

Functions of the Departments of a District Assembly

80. The Departments of the District Assembly shall (a) perform the functions assigned to them under the Local Government (Departments of District Assemblies) (Commencement) Instrument, 2009 (L.I. 1961) and any other enactment for the time being in force;

(b) be responsible for the implementation of the decisions of the District Assembly; and

(c) provide quarterly reports on the implementation of the decisions of the District Assembly to the Executive Committee of the District Assembly through the Office of the District Chief Executive.

District Level Inter-Service and Inter-Sectoral Collaboration and Co-operation

Collaboration and co-operation between Departments of District Assemblies and other organisations

81. (1) Departments of a District Assembly shall collaborate and co-operate with non-decentralised departments, state-owned enterprises and public corporations operating in the district to ensure a co-ordinated approach to the development and management of the district, avoid duplication and ensure a more convenient and cost-effective implementation of programmes and projects.

(2) The District Chief Executive shall play the lead role in the system of collaboration and co-operation with other sectors.

(3) The Heads of Departments of the other sectors shall attend meetings and participate in the deliberations of the Sub-Committees of the Executive Committee of the District Assembly, the Executive Committee

of the District Assembly and the District Assembly to which they are invited.

(4) The Heads of the other sectors shall provide information on any matter affecting their sectors reasonably requested by the District Chief Executive, the District Co-ordinating Director or Head of a Department

of the District Assembly.

PART THREE - PLANNING FUNCTIONS OF DISTRICT ASSEMBLIES

Economic Planning

Establishment of a District Planning Authority

82. (1) Each District Assembly is hereby established as the planning authority for its area of authority for the purposes of national economic planning.

(2) The District Assembly as the planning authority for the district shall perform any planning functions conferred on it by this Act or any other enactment.

Planning functions of a District Planning Authority

83. (1) A District Planning Authority shall (a) initiate and prepare district development plans and settlement

structure plans in the manner prescribed by the Commission, (b) ensure that the district development plans and the settlement structure plans are prepared with the full participation of the local community;

(i) development planning matters in the district that include studies on economic, social, spatial, environmental, sectoral and human settlement issues and policies; and

(ii) the mobilisation of human and physical resources for development in the district;

(d) initiate and co-ordinate the process to plan, programme, budget and implement a district development plan, programme or project;

(e) integrate and ensure that sector and spatial policies, plans, programmes and projects of the district are compatible with each other and with national development objectives issued by the Commission;

(f) synthesise the policy proposals on development planning in the district into a comprehensive framework for the economic, social and spatial development of the district including human settlements and ensure that the policy proposals and projects are in conformity with the principles of sound environmental management;

(g) monitor and evaluate the development policies, programmes and projects in the district; and

(h) provide the Commission with the data and information that the Commission may require.

(2) Despite subsection (1) (a), the planning authority of a District Assembly shall prepare a settlement structure plan in accordance with the provisions of any enactment on planning relevant to the preparation

of the settlement structure plan.

(3) The Heads of Departments of a District Assembly and the Heads of other sectors shall collectively prepare a draft Strategic District Development Plan to form the basis of a District Development Plan.

(4) The Commission shall issue guidelines and manuals for the operation of District Planning Co-ordinating Units.

Establishment of District Planning Co-ordinating Unit

84. (1) There shall be established a District Planning Co-ordinating Unit for each District Assembly.

(2) A District Planning Co-ordinating Unit shall comprise the Heads of Departments of a District Assembly and any other person that the District Planning Authority may deem fit.

(3) The Heads of other sectors shall attend meetings of the District Planning Co-ordinating Unit and participate in the preparation of the District Development Plan.

(4) The District Co-ordinating Director shall lead the District Planning Co-ordinating Unit in the preparation of the District Development Plan.

(5) Each District Planning Authority shall have a District Planning Officer who shall be the secretary to the District Planning Co-ordinating Unit.

Planning functions of the District Planning Co-ordinating Unit

85. A District Planning Co-ordinating Unit is responsible for (a) the provision of advice and a secretariat for the District Planning Authority in respect of its planning, programming, monitoring, evaluating and co-ordinating functions;

(b) the co-ordination of planning activities of the Departments of the District Assembly and other appropriate agencies connected with the planning process;

(d) formulating and updating the components of a District Development Plan; and

(e) providing the data and information the Commission may require.

District Development Plans

86. (1) The Commission shall prescribe the format for a District Development Plan.

(2) Each proposed District Development Plan shall be submitted through the Regional Co-ordinating Council to the Commission for consideration.

(3) The Commission shall

(a) determine the compatibility of District Development Plans with national development objectives; and

(b) where the District Development Plans are approved incorporate them into the National Development Plan.

(4) A District Assembly shall not make modifications to an approved District Development Plan without the prior approval of the Commission.

Preparation of Sub-District and Local Action Plans

87. (1) A District Planning Authority shall prepare or direct the preparation of a Sub-District or Local Action Plan that may be required for the implementation of an approved District Development Plan unless

the Commission otherwise determines.

(2) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall prepare the Sub-District Plan or Local Action Plan in

accordance with

(a) the approved District Development Plan;

(b) development guidelines of the District Planning Authority; and

(3) A Sub-District Plan or Local Action Plan is subject to the approval of the District Planning Authority.

(4) Despite subsection (3), the Commission may call for the plans made under subsections (1) and (2) for consideration and may modify the plans as it considers appropriate.

Public hearing of District Development Plans, Sub-District and Local Action Plans

88. (1) A District Planning Authority shall conduct a public hearing on a proposed District Development Plan and shall consider the views expressed at the hearing before the adoption of the proposed District Development Plan.

(2) The Heads of Departments of a District Assembly and other sectors shall attend and participate in a public hearing in respect of a District Development Plan.

(3) A local community in a district that is authorised by the District Planning Authority to prepare a Sub-District Plan or Local Action Plan shall conduct a public hearing before the adoption of the proposed Sub-District Plan or Local Action Plan.

(4) A District Planning Authority shall attach a report on the outcome of a public hearing to the proposed District Development Plan.

(5) The Commission may, by legislative instrument, prescribe the manner in which the public hearing shall be conducted.

Grievance procedure

89. A person who is aggrieved by a matter related to the performance of a function of a District Planning Authority may seek redress in accordance with the grievance procedure as prescribed by the Commission.

Land Use and Spatial Planning

Application of sections 91 to 107

90. Sections 91 to 107 of this Act shall apply to the extent that they are not inconsistent with the Land Use and Spatial Planning Act, 2016, (Act 925).

Permit to carry out physical development

91. (1) A person shall not carry out a physical development in a district except with the prior written approval in the form of a written permit issued by the District Planning Authority.

(2) A District Planning Authority may approve an application referred to in subsection (1), before the adoption of an approved District Development Plan for the district.

(3) A District Planning Authority shall consult public agencies and local communities as may be prescribed by Regulations issued by the Minister in the determination of an application for a permit to develop prior to the adoption of an approved District Development Plan.

Development charges

92. (1) A District Planning Authority may levy a development charge in respect of a permit to carry out a physical development.

(2) Development charges shall be utilised for the provision of infrastructure and services.

(3) Development charges shall be rated by, payable to and collected by the District Planning Authority to the exclusion of any other body, except in the case of land estates where other specific bodies take responsibility to provide infrastructure and services.

Development permit to be conditional or unconditional

93. (1) A District Planning Authority may issue a permit for physical development with conditions or without conditions.

(2) Where a District Planning Authority refuses to issue a permit, or issues a permit with conditions, that District Planning Authority shall provide reasons in writing in each case.

(3) A District Planning Authority may revoke a permit to develop or impose additional conditions in respect of a permit already issued.

(4) Where a District Planning Authority makes a decision under subsection (3), the District Planning Authority shall, subject to the receipt of a claim, pay compensation as it may determine to the affected person.

(5) The following activities and any other action, programme or project shall not require prior written approval from a District Planning Authority unless the proposed activity obstructs or interferes with a community right of space:

(a) subsistence farming;

(b) farming in any settlement that comprises a population of not more than five thousand; and

(6) Despite subsection (1), members of the community may regulate activities specified in that subsection.

Enforcement in respect of unauthorised development

94. (1) Where

(a) a physical development has been carried out without a permit or is being carried out without a permit, or

(b) conditions incorporated in a permit are not complied with, a District Planning Authority shall give written notice in the form that shall be prescribed by Regulations, to the owner of the land to require that owner on or before a date specified in the notice to show cause in writing addressed to the District Planning Authority why the unauthorised physical development should not be prohibited, altered, abated, recovered or demolished.

(2) If the owner of the land fails to show sufficient cause why the development should not be prohibited, altered, abated, removed or demolished, the District Planning Authority may carry out the prohibition, abatement, alteration, removal or demolition and recover any expenses incurred from the owner of the land as if it were a debt due to the District Planning Authority.

(3) A District Planning Authority may issue an enforcement notice that demands the immediate stoppage of work that is being carried out contrary to this Act or the terms of an approved development plan.

(4) A person who fails to comply with a notice to stop work commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than four hundred penalty units or to a term of imprisonment of not less than three months and not more than six months or to both the fine and term of imprisonment and in the case of a continuing offence to an additional fine of not more

than four penalty units for each day that the contravention continues, after written notice has been served on the offender.

Enforcement in respect of execution of district plans

95. (1) A District Planning Authority may,

(a) prohibit, abate, alter, remove or demolish a physical development

that does not conform to an approved District

Development Plan;

(b) abate, alter, remove, or demolish a physical development

for the implementation of an approved District Development

Plan;

a manner that is contrary to an approved District Development

Plan; or

(d) execute any work a person is expected to carry out under

an approved District Development Plan, where a delay in

the execution of the work has occurred and the efficient

operation of the approved plan has or will be prejudiced.

(2) A District Planning Authority shall serve notice in the form

prescribed by Regulations on the owner of the land in respect of the

action the Authority proposes to take.

(3) A notice referred to in subsection (2) shall state the nature of

and the grounds upon which the District Planning Authority proposes

to take the action.

Enforcement against nuisance

96. (1) A District Planning Authority may serve notice on a person

to abate a nuisance within a specified time where substantial injury to

the environment, amenity, public health or the economy has been caused

by the nuisance or is likely to be caused from the action or inaction of

that person.

(2) The notice shall specify the nuisance and the steps required to

be taken to abate the nuisance.

(3) If a notice issued by a District Planning Authority is not

complied with, that District Planning Authority may carry out the abatement

and recover the costs from the person who caused the nuisance or

the owner of the land where the nuisance is occurring.

(4) The costs of the District Planning Authority shall be recovered

as if they were a debt owed by the person to the District Planning

Authority.

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Enforcement against unauthorised development in respect of community

right of space

97. (1) A District Planning Authority may effect or carry out an

instant prohibition, abatement, alteration, removal or demolition of any

unauthorised development carried out or being carried out that

encroaches or will encroach on a community right of space or that interferes

or may interfere with the use of the space.

(2) The action to stop the encroachment on the community right

of space shall be without prior notice.

Claims for compensation

98. A person

(a) whose property is adversely affected by the commencement

of an operation for the execution of an approved development

plan, or

(b) who, for the purpose of complying with an approved

development plan incurs an expense

(i) by a subsequent revocation or modification of the

District Development Plan, or

(ii) by a subsequent revocation or variation of a development

permit issued that person by a District

Planning Authority, or

an approved District Development Plan or the enforcement

of the plan

may lodge a claim for redress or compensation with the District

Planning Authority within six months after the date of approval of the

District Development Plan, or the revocation or variation of a permit or

of the taking of the decision or action complained of.

Appeals Advisory Committees

99. (1) A Regional Minister shall appoint an Appeals Advisory

Committee that is considered necessary to determine a dispute concerning

a District Development Plan.

(2) An Appeals Advisory Committee shall consist of

(a) one lawyer of at least five years standing at the Bar;

(b) one person with expert knowledge of the subject matter of

the appeal; and

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the appeal.

(3) The convenor of an Appeals Advisory Committee shall be

appointed by the Regional Minister.

(4) The membership of an Appeals Advisory Committee shall

terminate on the determination of an appeal referred to the Committee

for advice.

Functions of Appeals Advisory Committee

100. (1) The Appeals Advisory Committee shall advise the Regional

Minister on the relief or redress sought or on the amount of compensation

payable in respect of an appeal referred to it by the Regional Minister.

(2) A recommendation by the Appeals Advisory Committee for

the settlement of a claim or payment of compensation in respect of land

and immovable property shall be made in consultation with the Valuation

Division of the Lands Commission.

Appeals

101. A person aggrieved by a decision or the action of a District

Planning Authority in connection with a District Development Plan, may

appeal to the Regional Minister who shall refer the appeal to the Appeals

Advisory Committee within one month after receipt of the notice of the

decision or action.

Recovery of betterment

102. (1) A District Planning Authority shall recover from a person

whose land is increased in value, a determinable percentage of the amount

of the increase where that person sells or otherwise disposes of the land.

(2) The determinable percentage shall be payable where the

provision of a plan or the execution of public works or a decision or

action of a District Planning Authority increases the value of land within

the district.

(3) The District Planning Authority shall act on the advice of the

Valuation Division of the Lands Commission.

(4) A financial gain on urban land transaction shall be liable to

betterment charges.

(5) A sum recoverable under this section may be set off against a

claim of compensation.

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(6) A District Planning Authority shall utilise a recovered amount

under this section for the provision of infrastructure and utility services.

Non-conforming land allocations and transactions

103. (1) An allocation of land shall be null and void if the purpose or

use for which the allocation is made is contrary to an approved Development

Plan.

(2) A landowner shall not sub-divide or allocate land for use,

development or occupation in a town, city or the suburb of a town or

city or in an area where there is an approved planning scheme except in

consultation with the District Planning Authority or a sub-district acting

on behalf of the District Planning Authority.

(3) A person who allocates, transfers, sells or develops land for a

use or a purpose that is contrary to an approved development plan, settlement

structure plan, action plan or programme, commits an offence and

is liable on summary conviction to a fine of not less than two hundred

penalty units and not more than four hundred penalty units or to a term

of imprisonment of not less than three months and not more than six

months or to both the fine and term of imprisonment.

(4) A District Planning Authority may revise an approved

Development Plan in order to accommodate a proposed non-conforming

allocation if it is satisfied that the accommodation or revision is in the

public interest.

Buildings

Building by-laws

104. (1) A District Planning Authority may make building by-laws

within the scope of national building requirements provided under an

enactment and shall in particular make provision for

(a) the control of the construction of buildings, streets, hoardings,

fences and signboards;

(b) the execution of work in relation to existing buildings,

structures and streets;

(d) the removal or abatement of obstructions and nuisance;

and

(e) any other matters referred to the District Planning Authority

for guidance, as set out in the Fifth Schedule.

(2) The by-laws may be made with respect to the district generally

or with respect to a particular area, building or work in the district.

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National building regulations

105. The Minister responsible for Works and Housing may, in

consultation with the Minister responsible for the Environment, by legislative

instrument, prescribe national building regulations to be complied

with by a District Planning Authority in the making of a by-law for the

district.

Building permits and unauthorised buildings

106. (1) A person shall obtain a building permit from a District

Planning Authority before undertaking the construction of a building or

other structure or undertaking any other work.

(2) The permit shall contain the conditions that the District

Planning Authority considers necessary.

(3) A District Planning Authority may give notice in writing in

the form set out in the Sixth Schedule, to an owner, occupier or developer

of premises, if the owner, occupier or developer

(a) is constructing a building or other structure;

(b) has constructed a building or other structure; or

without a permit or in contravention of a by-law made by the District

Assembly.

(4) The notice shall require

(a) the owner, occupier or developer to show sufficient cause

why the building, structure or work should not be removed,

altered or demolished on or before the day specified by the

District Planning Authority; and

(b) a written response by the owner, occupier, developer or duly

authorised agent to be served on the District Planning

Authority.

(5) If the owner, occupier or developer fails to show sufficient

cause why the building, structure or other work should not be removed,

altered or demolished, the District Planning Authority shall by notice

order the owner, occupier or developer within one month to remove,

alter or demolish the building, structure or other work at a personal cost.

(6) If the owner, occupier or developer fails to comply with the

order of the District Planning Authority within the one month, the

District Planning Authority may carry out the removal, alteration or

demolition and shall be entitled to recover the expense incurred by the

District Assembly from the owner, occupier or developer as a debt owed

to the District Assembly.

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(7) A person who contravenes the terms of a permit, commits an

offence and is liable on summary conviction to a fine of not less than two

hundred penalty units and not more than four hundred penalty units or

to a term of imprisonment of not less than three months and not more

than six months or to both the fine and term of imprisonment and in the

case of a continuing offence to a fine of not more than four penalty units

for each day that the contravention continues after written notice of the

contravention has been served on the offender.

Signing of plans of special building

107. (1) A District Assembly shall by by-law specify which buildings

plans are required to be prepared by or under a registered architect or

engineer or an architectural draughtsman licenced under an enactment

and shall specify the types of buildings or special areas of a district for

the designed plans.

(2) There shall be no restriction as to the person to design or sign

the plan of a single-storey traditional building characteristic of a rural

area or part of an urban area.

(3) A person shall not submit the plan of a building which may

be required to be submitted under sub-section (1) unless the plan has been

prepared by or under the supervision of and signed by a person

registered as an architect or an engineer under any enactment in force to

a District Planning Authority.

Delegation of functions

108. A District Planning Authority may delegate any of its functions

on land use and spatial planning to a Sub-Metropolitan District Council,

Urban Council, Zonal Council, Town or Area Council or Unit Committee

in writing.

Request for information

109. (1) A District Planning Authority may request a person to

furnish it with information required for the performance of its functions

within a specified time.

(2) A person who without lawful excuse fails to comply with a

request for information or furnishes information that that person knows

to be false, commits an offence and is liable on summary conviction to a

fine of not less than fifty penalty units and not more than one hundred

penalty units or to a term of imprisonment of not less than one month and

not more than three months or to both the fine and term of imprisonment.

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Power of entry

110. (1) An authorised officer of a District Planning Authority may

enter land or a building in a district to carry out an inspection, survey,

study, examination or investigation for a District Planning Authority.

(2) The authorised officer of the District Planning Authority shall

give reasonable notice to the owner or occupier of the land or building

before exercising a power of entry.

Immunity of officers from liability

111. An employee of a District Assembly or a person acting under the

direction or authority of a District Assembly shall not be personally liable

for an act done in good faith in the performance of a function or the

execution of a duty concerned with the planning functions of a District

Assembly.

PART FOUR – EMERGENCY RELIEF BY DISTRICT ASSEMBLIES

Provision of Emergency, Disaster Prevention and Relief Services

Emergency and disaster relief services

112. A District Assembly may provide emergency, disaster prevention

and relief services in addition to any powers conferred by another

enactment.

District Assemblies to prepare response plans to make by-laws for

emergency, disaster prevention and relief services

113. (1) A District Assembly shall prepare a response plan and make

by-laws where necessary for emergency, disaster prevention and the

provision of relief services for its area of authority.

(2) The response plan and by-laws shall include mitigation,

preparedness, response, and recovery measures.

Coordination of emergency, disaster prevention and relief service measures

114. A District Assembly shall co-ordinate the activities of the Services,

Organisations and Departments referred to as designated agencies and

listed in the Seventh Schedule, in the implementation of response plans

and by-laws.

Performance of emergency, disaster prevention and relief services functions

115. The designated agencies shall do what is reasonably necessary in

a district to deal with an emergency, prevent a disaster or provide relief

services.

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Provision of fire services

116. A District Assembly shall exercise the powers in sections 112 to

115 where the emergency relates to the provision of fire services.

Power of entry of premises in case of fire

117. (1) A designated agency may, without the consent of the

occupier

(a) enter and if necessary, break into any premises or place in

which a fire has broken out or is believed to have broken

out, to extinguish or deal with the fire;

(b) do any act on the premises or place that may be necessary

to extinguish or deal with the fire;

(i) to secure the use of water under the control of any

person;

(ii) to improve access to the water; and

(iii) to lay or maintain pipes and carry out other works

in connection with the use of the water.

(2) The designated agency shall give reasonable notice to the

occupier whenever practicable before proceeding to exercise any of the

powers to enter land or premises for purposes of managing a fire.

Control of traffic

118. A designated agency may close any street to traffic or stop or

regulate the traffic in any street whenever it is reasonably necessary to

deal with an outbreak of fire or an emergency situation.

Penalty for obstruction

119. A person who wilfully obstructs or interferes with the functions

of a designated agency in relation to an emergency, disaster prevention and

relief services or the provision of fire services, commits an offence and is

liable on summary conviction to a fine of not less than one hundred

penalty units and not more than two hundred penalty units or to a term

of imprisonment of not less than three months and not more than six

months or to both the fine and term of imprisonment and in the case of

a continuing offence to a further fine of not more than one penalty unit

for each day on which the offence continues.

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Penalty for false alarms

120. A person who knowingly or without lawful authority gives or

causes to be given a false alarm of fire, commits an offence and is liable

on summary conviction to a fine of not less than one hundred and twentyfive

penalty units and not more than one hundred and fifty penalty units

or to a term of imprisonment of not less than one month and not more

than three months or to both the fine and term of imprisonment.

Enquiries by Committee into origin of fire

121. (1) A District Assembly may appoint a committee to enquire into

the origin of a fire within its area of authority.

(2)The committee shall have the powers of a District Court when

holding an enquiry under this section.

(3) The Attorney-General, Inspector-General of Police or any

person authorised by the Attorney-General or the Inspector-General of

Police or an interested person who has the permission of the Committee,

may attend the enquiry to examine or cross-examine a witness or request

that a witness be examined.

(4) Any enactment for the time being in force related to witnesses

in a trial before the District Court shall apply to witnesses at the enquiry.

(5) The committee shall record its findings stating its reasons for

the findings after the conclusion of an enquiry under this section.

(6) The committee shall submit a report of its findings that

includes the award of compensation if any and by whom payable, to the

District Assembly.

(7) A person aggrieved by a decision of the Committee may

appeal to the District Assembly to review the decision of the Committee.

PART FIVE – FINANCIAL MATTERS OF DISTRICT ASSEMBLIES

District Budgets

District budget

122. The budget for a District Assembly shall comprise

(a) the aggregate revenue and expenditure of the Office of the

District Assembly, the Departments of the District Assembly;

and

(b) the budget for the annual development plans and programmes

of the Departments of the District Assembly.

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Submission of budget estimates

123. (1) Each District Assembly is responsible for the preparation,

administration and control of the budgetary allocation of the Office of

the District Assembly and the Departments of the District Assembly.

(2) Each District Assembly shall before the end of each financial

year, submit to the Regional Co-ordinating Councils, the detailed

budget for the respective district that states the estimated revenue and

expenditure of the District Assembly for the ensuing year.

(3) The Regional Co-ordinating Council shall collate and coordinate

the budgets for the districts in the region and shall submit same

to the Minister responsible for Finance.

Revenue of District Assemblies

124. (1) The revenues of a District Assembly comprise

(a) decentralised transfers;

(b) internally generated funds; and

(2) Decentralised transfers comprise funds from the following

revenue sources:

(a) the District Assemblies Common Fund;

(b) grants-in-aid from the central government; and

to the District Assembly.

(3) Internally generated funds comprise funds from the following

sources:

(a) licences;

(b) fees and miscellaneous charges;

(d) investment income; and

(e) rates

(4) A District Assembly shall open and maintain a bank account

for revenues and other moneys raised or received by it.

(5) A District Assembly may borrow to finance projects in

accordance with relevant laws.

Local Governance Act, 2016 Act 936

(6) For the purposes of this section “grants” means donations

being funds paid directly to a District Assembly by a development partner.

District Assemblies Common Fund

Establishment of the District Assemblies Common Fund

125. (1) In accordance with Article 252 of the Constitution there shall

be a Fund to be known as the District Assemblies Common Fund.

(2) The District Assemblies Common Fund consists of

(a) moneys allocated by Parliament; and

(b) any interests and dividends that accrue from the investments

of moneys from the Common Fund.

(2) The allocation made by Parliament shall be paid into the

Common Fund in quarterly instalments.

(3) The moneys that accrue to the Common Fund shall be

distributed among the District Assemblies on the basis of a formula

approved by Parliament.

(4) The Administrator of the Common Fund shall submit

proposals for the formula to Parliament for consideration within three

months after the end of each financial year.

Parliament to make allocations to District Assemblies for development

126. (1) Parliament shall annually allocate not less than five per cent

of the total revenue of the country to the District Assemblies for development.

(2) The total revenues of the country includes the revenues

collected by or accruing to the central Government other than foreign

loans and foreign grants, non-tax revenue, petroleum revenue paid into

the Petroleum Holding Fund under section 3 of the Petroleum Revenue

Management Act, 2011 (Act 815) and revenues already collected by or

for District Assemblies under any enactment.

(3) The Minister shall, in consultation with the Minister responsible

for Finance, determine the category of expenditure of the approved

development budget of District Assemblies that must in each year be met

out of amounts received by the District Assemblies from the District

Assemblies Common Fund.

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Appointment of District Assemblies Common Fund Administrator

127. (1) The President shall, acting in consultation with the Council

of State and with the approval of Parliament appoint a District Assemblies

Common Fund Administrator.

(2) The Administrator shall hold office for four years and is

eligible for re-appointment.

(3) The salary and allowances payable and the facilities and

privileges available to the Administrator shall be determined by the

President in accordance with clause (1) of article 71 of the Constitution.

Vacancy and removal of the Administrator

128. (1) The office of the Administrator becomes vacant where the

Administrator

(a) resigns from office in writing addressed to the President;

(b) is removed from office; or

(2) The President acting inconsultation with the Council of State

may remove the Administrator from office for a just cause.

Functions of the Administrator

129. The Administrator shall

(a) propose a formula annually for the distribution of the Common

Fund for approval by Parliament;

(b) administer and distribute moneys paid into the Common

Fund among the District Assemblies in accordance with

the formula approved by Parliament;

from the Common Fund to the District Assemblies have

been utilised by the District Assemblies; and

(d) perform any other functions that may be directed by the

President.

Investment of moneys in the Common Fund

130. (1) The Administrator may invest the moneys in the Common

Fund in securities pending the distribution of moneys in the Common

Fund.

(2) The Administrator shall report to Parliament on investment

made under subsection (1).

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Staff of the Common Fund

131. (1) There shall be appointed by the President for the Common

Fund, such staff as may be required for the effective performance of the

functions of the Office.

(2) The Staff of the Common Fund shall be public officers.

(3) The President may delegate his powers under this section to

the Administrator.

Expenses of the Common Fund

132. (1) The expenses incurred by the Common Fund shall be a charge

on the Common Fund as approved by Parliament.

(2) Charges including bank charges on transfers and charges on

interest shall be charged on the Common Fund.

(3) For the purposes of this section, “expenses” include salaries

and allowances.

Accounts and audit

133. (1) The Administrator shall keep books of account and proper

records in relation to the accounts of the Common Fund in the form

approved by the Auditor-General.

(2) The Administrator shall submit the accounts of the Common

Fund to the Auditor-General for audit within three months after the end

of the financial year.

(3) The Auditor-General shall, not later than three months after

the end of the financial year, audit the accounts and forward a copy of

the audit report to Parliament.

Annual report

134. (1) The Administrator shall, within one month after the receipt

of the audit report, submit an annual report to Parliament covering the

activities and the operations of the Fund for the year to which the report

relates.

(2) The annual report shall include the report of the Auditor-

General and shall include the manner in which the Administrator has

distributed the moneys lodged in the Common Fund.

Complaints

135. Any person or District Assembly dissatisfied with the performance

of the functions of the Administrator may submit a complaint to the

Commission on Human Rights and Administrative Justice.

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Grants-in-aid and other decentralised transfers

136. Nothing shall prohibit the Government or any other body

from making grants in-aid or transferring other resources to a District

Assembly.

Licences

Charges for licences

137. (1) A District Assembly may charge fees for a licence issued by

or on behalf of the District Assembly, subject to guidelines in respect of

the charging of fees for licences, as may be prescribed by the Minister.

(2) Despite the provisions of any enactment to the contrary, any

revenue from licences issued to the economic operators listed in the Eighth

Schedule shall be collected exclusively by or for a District Assembly.

Licensing of vehicles

138. (1) The owner or a person in possession of a vehicle of a type

mentioned in the Ninth Schedule used within a district shall obtain a

licence for the vehicle from the District Assembly and pay the fee

required by the by-law.

(2) A vehicle for which a licence is issued shall have affixed on it

the number plate assigned to the vehicle by a District Assembly.

(3) A licence shall not be issued by the District Assembly for a

vehicle which the District Assembly is satisfied is in a condition that may

endanger a person or property or cause unnecessary suffering to an

animal drawing it.

(4) The owner or person in charge of a vehicle who fails to affix

or keep affixed a number plate issued by the District Assembly, commits

an offence and is liable on summary conviction to a fine of not less than

ten penalty units and not more than twenty-five penalty units and to a

further fine of one penalty unit for each day that the offence continues.

Entertainment licences

139. A person shall not undertake or do any of the acts or things

specified in the Tenth Schedule within a district unless the person has

obtained a licence from the District Assembly for that purpose and paid

the fee specified in the by-law.

Provisions as to licences generally

140. (1) A licence from a District Assembly may be issued subject to

conditions specified in a by-law or, where there is no provision in a

by- law, conditions that the District Assembly may consider fit.

(2) Any condition stipulated in a by-law or by a District Assembly

shall be endorsed in detail or by reference on the licence.

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(3) A person required to hold a licence referred to in subsection

(1) who fails to produce the licence for inspection on reasonable demand

by any police officer or an authorised officer, commits an offence and is

liable on summary conviction to a fine of not less than fifty penalty units

and not more than one hundred penalty units or to a term of imprisonment

of not less than one month and not more than three months or to

both the fine and term of imprisonment.

(4) A person who

(a) does anything for which a licence is required; or

(b) being the holder of a licence from the District Assembly,

contravenes any of the conditions contained in the licence

commits an offence and is liable on summary conviction to a fine of not

less than one hundred penalty units and not more than two hundred penalty

units or to a term of imprisonment of not less than three months and not

more than six months or to both the fine and term of imprisonment.

(5) A person who lets out, hires, lends or borrows a licence or

who does not hold a valid licence but produces, exhibits or uses a licence,

commits an offence and is liable on summary conviction to a fine of not

less than one hundred penalty units and not more than two hundred penalty

units or to a term of imprisonment of not less than three months and not

more than six months or to both the fine and term of imprisonment.

(6) A District Assembly may revoke a licence where a person

(a) has been convicted of an offence for not having a licence

when required;

(b) contravenes the condition of a licence;

(d) does not hold a licence but produces, exhibits or uses a

licence.

Fees and Miscellaneous Charges

Power to charge fees

141. (1) A District Assembly may charge fees for any service or facility

provided by that District Assembly or for any permit issued by or on

behalf of the District Assembly subject to guidelines on fee charging

prescribed by the Minister.

(2) Despite the provisions of any enactment to the contrary

(a) non-tax revenue collected by a department of a District

Assembly shall be retained by that District Assembly and be

used for the performance of the functions of that

department; and

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(b) revenue from levies and fees charged in respect of activities

listed in the Eleventh Schedule shall be collected exclusively

by or for the District Assembly.

Taxes and other Revenues

Taxes

142. (1) A District Assembly shall collect the taxes chargeable on the

income of the income earners listed in the Twelfth Schedule.

(2) The Minister may, in consultation with the Minister responsible

for Finance and subject to the terms and conditions agreed upon

with an appropriate public body, authorise that the public body collect

taxes imposed on the income earners specified in the Twelfth Schedule

on behalf of the District Assembly.

Investment income

143. (1) A District Assembly may in consultation with the Minister

responsible for Finance invest any portion of moneys of the District

Assembly in safe securities other than Government treasury bills.

(2) Income from the investment made under subsection (1) shall

constitute part of the revenue of the Assembly.

Rates

Rating authority

144. A District Assembly shall be the only authority to levy rates for a

district despite any customary law to the contrary.

Duty to levy sufficient rates

145. (1) A District Assembly shall levy sufficient rates to provide for

the total estimated expenditure to be incurred by the District Assembly

during the period in respect of which the rate is levied.

(2) A District Assembly may levy rates for an additional amount

required to cover expenditure previously incurred by the District

Assembly to meet contingencies or to defray any expenditure which needs

to be defrayed.

(3) The additional rates may be made and levied before the date

on which payment is received in respect of the immediate rates.

Method of rating

146. (1) A District Assembly shall levy general or special rates for the

amount considered necessary to raise sufficient funds to meet expenditure.

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(2) A general rate may be

(a) a rate payable by the owner of premises within the district

on the rateable value of the premises; or

(b) a rate assessed on the possessions or any category of

possessions of persons who reside within the district.

(3) A special rate may be

(a) a basic amount payable by any person of the age of eighteen

years and above, but below the age of seventy years

who resides within the area ;or

(b) an amount imposed on an owner of movable or immovable

property in the area, but a District Assembly in fixing the

basic rate, shall consult with district level stakeholders in

the district.

(4) A basic rate shall be sufficient at least to cover the cost of

collection.

(5) A person registered as a voter in a district may be required to

pay rates imposed by the District Assembly for that district even if the

person has not resided in the district.

(6) A general or special rate imposed on immovable property

under this section shall be at a specified rate per Ghana Cedi on the rateable

value of the property but the amount per Ghana Cedi shall vary as

between specified areas of the district, except that within a mixed development

area, the amount per Ghana Cedi on rateable value shall vary in

respect of property used for different purposes.

(7) Subject to the exemptions from and remission of rates,

rateable premises shall be premises that comprise buildings, structures or

similar development.

(8) The Minister shall in consultation with the Minister responsible

for valuation cause to be determined by the Lands Commission or

by a valuer appointed by the Lands Commission, the rateable value of

premises and may cause a valuation list to be prepared for each district.

(9) The rateable value of premises shall be the replacement cost

of the buildings, structures and other structural development that comprises

the premises after the deduction of the amount it would cost at the time

of valuation to restore the premises to a condition in which they would

be as serviceable as they were when new.

(10) The rateable value shall not be

(a) more than fifty per cent of the replacement cost for the

premises that are owner-occupied; and

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(b) not be less than seventy-five per cent of the replacement

cost in any other case.

(11) The Minister may, by legislative instrument, prescribe

either generally or in respect of any particular district, a basis for the

assessment of rateable value of premises.

(12) The rateable value prescribed by the Minister shall not

apply where the Minister causes the Lands Commission to determine

the rateable value and where the rateable value of the building is the replacement

cost.

Levying of rate

147. A rate shall be deemed to have been levied by the publication of a

notice in the manner prescribed by Regulations made by a resolution of

the rating authority.

Date and place of payment of rate

148. When a rating authority has given notice of a rate, a person liable

to pay the rate, shall pay the amount to a rate collector or other person

duly appointed or authorised by the District Assembly concerned to collect

and receive the rate at the time and place specified by the rating authority.

Exemptions from and remission of rates

149. (1) The following tenements are exempted from assessment and

rating:

(a) premises appropriated exclusively for the purpose of

public worship and registered with the District Assembly;

(b) cemeteries and burial grounds registered by the District

Assembly;

the District Assembly;

(d) premises used as public hospitals and clinics; and

(e) premises owned by diplomatic missions approved by the

Minister responsible for Foreign Affairs.

(2) The following persons are exempted from the payment of

basic rate:

(a) persons who are in attendance at an educational institution

who do not receive any remuneration or income during

that period, other than an allowance, loan or other grant

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provided for purposes of education including any sum

received by a person in respect of temporary employment

undertaken by the person during vacation from an educational

institution; and

(b) persons who are more than seventy years old.

(3) The rating authority may reduce or remit payment of any

rate on account of the poverty of a person liable to pay the rate.

(4) A person who has paid the amount of the rate payable in

respect of premises that have been demolished or removed during any

financial year, may apply to a rating authority to be refunded a proportion

of the amount paid that the rating authority considers reasonable

having regard to the circumstance except that where the demolition or

removal is by order of the District Assembly or a court, a refund shall

not be made unless the owner of the premises has given notice in writing

to the District Chief Executive within fourteen days after the demolition

or removal.

Minister to issue guidelines

150. The Minister may issue guidelines for the levying of rates.

Claim for amount of rate

151. (1) A claim for the amount of any rate payable shall have

priority over any other claim against the person liable to pay the rate,

except claims by the Government, unless specifically provided in any

other law.

(2) A District Assembly concerned, may recover any rate

payable together with appropriate penalties as a civil debt with costs or

may prosecute a defaulting ratepayer for wilful default to pay rates

together with appropriate penalties where a person fails to pay the rate

due on or before the date on which it is payable.

(3) In proceedings to recover a rate levied, the rate books and

other records of the District Assembly concerned and any certified

copies of entries purporting to be made in them signed by the District

Chief Executive and sealed with the seal of the Ditrict Assembly shall be

evidence at first instance of the rate and of the matters stated in them.

Rates on immovable property to be a charge on premises

152. The amount of a general or special rate due in respect of any

premises shall, until paid, be a charge on the premises and that charge

shall have priority over any other claims against the premises except claims

of the Government.

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Rate Assessment Committee

153. (1) There shall be a Rate Assessment Committee for each

district appointed by the Regional Minister on the recommendation of

the District Assembly concerned.

(2) The Rate Assessment Committee shall consist of a chairperson

and four other persons.

(3) A person aggrieved by a valuation of the Lands Commission

in respect of the rateable value of premises or by a rate imposed on

the premises by a rating authority may apply for a review to the Rate

Assessment Committee.

(4) The Rate Assessment Committee shall notify the rating

authority of its decision.

(5) A person or rating authority aggrieved by a decision of a Rate

Assessment Committee may appeal to the High Court.

Notice where general or special rate not paid

154. (1) A District Assembly shall cause to be affixed on a conspicuous

part of the premises a notice to the effect that if the amount of general or

special rate payable in respect of premises is not paid within forty-two

days after the date of the notice, proceedings will be taken for the sale of

the premises to defray the amount if the rate is not paid within ten days

after the date it is due, except if the aggrieved person has applied to the

Rate Assessment Committee or appealed its decision to the High Court.

(2) Where a person who claims to be the owner of an assessed

premises has given notice in writing to the District Assembly of the person’s

name and postal address, a notice shall not be affixed on the premises,

until a written demand for payment of the rate due has been sent by

registered letter by the District Assembly to the person and the person

has defaulted for one month after the date of posting of the registered

letter.

Notice of mortgage in respect of rateable premises

155. (1) Where a person who has a registered mortgage on assessed

premises has given the District Assembly notice in writing of the mortgage,

a notice shall not be affixed on the mortgaged premises in respect of

default in the payment of a general or special rate until a written demand

for payment of the rate due on the premises has been sent by registered

Local Governance Act, 2016 Act 936

letter by the District Assembly to the mortgagee and default has been

made for one month after the date of posting of the registered letter.

(2) The notice by the District Assembly shall contain the

particulars of the mortgaged premises that are necessary to identify the

premises and shall state the date and place of registration, the volume

and page of the Land Register Book in which the mortgage is registered

and the postal address of the mortgagee.

Proceedings in case of non-payment of rates

156. (1) If the amount of the general or special rate due in respect of

any premises is not paid within a period of forty-two days, the District

Assembly may apply to a court for an order for the sale of the premises.

(2) The court shall order the premises to be sold to defray the

amount of the rate due if satisfied that the notice for the amount payable

has not been complied with and that the amount of the rate due in

respect of the premises has not been paid.

(3) The court shall make this determination after hearing a representative

of the District Assembly and any other person and considering

any evidence produced.

(4) Premises ordered to be sold to defray the amount of the rate

due shall be sold under the direction of the person authorised by the

court.

(5) If at any time during proceedings but before the sale of the

premises, payment of expenses properly incurred and the amount of the

rate due is made, further proceedings shall cease.

(6) The court shall grant a certificate to the purchaser confirming

the sale if the defaulter does not pay the rates and the premises are

sold.

Agreement between landlord and tenant

157. An agreement between a landlord and tenant shall not derogate

from any obligation with respect to the enforcement of rate by a District

Assembly.

Penalty for refusal to pay rates and wilful misrepresentation

158. (1) A person who without lawful justification or excuse, the proof

of which lies on that person, refuses or wilfully neglects to pay any basic

rate payable by that person on or after the date on which the rate is

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payable, commits an offence and is liable on summary conviction to a

fine of not more than twenty-five penalty units or to a term of imprisonment

of not more than one month or to both the fine and term of

imprisonment.

(2) A person who makes a false statement as regards the liability

of that person, to pay rates, commits an offence and is liable on summary

conviction to a fine of not more than twenty-five penalty units or

to a term of imprisonment of not more than one month or to both the

fine and term of imprisonment.

Penalty for inciting a person not to pay rates

159. A person who incites any other person to refuse to pay any rate

payable by that person or who assists a person to make a false statement

as to the liability of the person to pay rates without lawful justification or

excuse, the proof of which shall be on that person, commits an offence

and is liable on summary conviction to a fine of not more than twenty

five penalty units or to a term of imprisonment of not more than one

month or to both the fine and term of imprisonment.

Penalty for unauthorised collection of rates

160. A person who has not been authorised by a District Assembly

and who collects or attempts to collect any rate commits an offence and

is liable on summary conviction to a fine of not less than one hundred

and twenty-five penalty units and not more than two hundred and fifty

penalty units or to a term of imprisonment of not less than six months and

not more than twelve months or to both the fine and term of imprisonment.

Rate payers and rate collectors

161. (1) Each District Assembly shall prepare and maintain proper

records of rateable persons and tenements in its district.

(2) A District Assembly may, in writing, authorise any suitable

person, to be a rate collector in respect of a specified area of a district.

(3) A rate collector shall

(a) furnish the District Assembly concerned with a written

nominal roll of every rateable person in the area in respect

of which the rate collector has been authorised to collect

rates;

(b) collect and receive rates payable from each person liable for

the payment of rates in the area;

concerned; and

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(d) report any person who has failed to pay the amount due to

the District Assembly concerned.

Penalty in respect of offences by rate collectors

162. A rate collector who

(a) fails to deposit with the District Assembly concerned any

sum of money collected as rates,

(b) knowingly demands from any person an amount in excess

of the duly assessed rates,

(b) renders false returns, whether orally or in writing, or

commits an offence and is liable on summary conviction to a fine of not

less than one hundred and twenty-five penalty units and not more than

two hundred and fifty penalty units or to a term of imprisonment of not

less than six months and not more than twelve months or to both the fine

and term of imprisonment without limiting liability for civil action by

the District Assembly to recover what is due from the rate collector.

Proceedings for rates

163. Proceedings to enforce the payment of rates or for the imposition

of penalties for non payment of rate shall not limit the right of any

other person or authority to institute criminal proceedings taken by the

District Assembly responsible for the collection of the rates.

Payment of rates by public boards and institutions and Government

164. (1) Every public agency is liable to pay rates in respect of

immovable property owned by it unless exempted from assessment and

rating by law.

(2) Where the Government would have been liable to pay rates

to a rating authority in respect of premises it owns if it were a private

person, the Government shall pay to the Minister, instead of the rates,

the sums that may be agreed between the Government and the Minister.

(3) The Minister shall distribute the amount paid to the rating

authority in proportion to the value of government properties in the

district.

Employers to deduct rates from employees’ remuneration

165. (1) Every employer shall deduct a general or special rate imposed

by a rating authority from the remuneration of each employee employed

in the district of the rating authority and it shall be the duty of the employee to

notify or remind the employer in writing when the deductions become due.

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(2) The deductions shall be made from

(a) the first instalment of the remuneration due to be paid to

the employee after the publication of the notice of the rate;

(b) any subsequent instalment as the Minister may direct; or

(3) Any sums deducted from the remuneration of an employee shall

be held by the employer on behalf of the rating authority and shall be paid by

the employer to that rating authority within thirty days after the deduction

is made.

(4) This section applies to

(a) an employee who resides in the district;

(b) an employee who to the knowledge of the employer, owns

immovable property situated within the area to which the

rate relates;

notified the employer in writing in connection with any rate

imposed by that authority

(i) that the employee resides in the district;

(ii) that the employee owns immovable property within

the area to which the rate relates; or

(iii) that the employee is a person required to pay by

virtue of being a registered voter in that district

despite the fact that the person does not reside in

the district.

(5) An employer who fails to pay the amount of general or special

rate deducted from the remuneration of an employee to the rating

authority within the time stipulated, commits an offence and is liable on

summary conviction to a fine of not less than one hundred penalty units

and not more than two hundred penalty units or to a term of imprisonment

of not less than three months and not more than six months or to

both the fine and term of imprisonment.

Rating authority to appoint agent for collection of rates

166. (1) Subject to section 161 on rate collectors, a rating authority

may appoint a person by notice in writing to be the agent for the rating

authority for the collection of specified basic rate payable by a person or

persons of a class.

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(2) The appointed person shall

(a) deduct the rate specified in the notice; and

(b) hold the sums deducted on behalf of the rating authority

and pay the moneys to the rating authority within fifteen

days after the day on which the agent was appointed by

notice from the day on which the notice was served on that

person.

Set-off and refund

167. A person is entitled to set off or refund for any sum paid as rates

by that person to a rating authority in respect of a deduction from remuneration

by an employer or paid to an agent of a rating authority.

Penalty

168. (1) A person who contravenes section 165 or section 166 commits

an offence and is liable on summary conviction to a fine of not less than

one hundred penalty units and not more than two hundred penalty units

or to a term of imprisonment of not less than three months and not

more than six months or to both the fine and term of imprisonment.

(2) A rating authority may proceed against an employer required

to deduct and pay any rate to a rating authority or a person appointed as

agent for the collection of any rates for an amount of rate as if the person

was originally liable to pay the rate.

(3) The employer or agent shall be indemnified in respect of any

act done in accordance with section 165 or section 166.

Duty to give information and inspection of premises in respect of rates

169. (1) A rating authority, rate collector, Rate Assessment Committee

or any person authorised in writing by the rating authority, may request

information from any person that may be reasonably required for the

assessment or collection of rates.

(2) A person authorised in writing by a rating authority may on

the production of written authority from a rating authority to enter any

premises and request the production of books in the premises for inspection

and may interview any person present on the premises that may be

reasonably necessary at any reasonable time,

(a) verify the accuracy of any information supplied; or

(b) ensure that an employer has been deducting rates from the

remuneration of employees.

(3) A person who

(a) fails to supply information requested without reasonable

excuse the proof of which shall be on that person,

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(b) supplies information on request that that person knows to

be false or which the person has no reasonable grounds to

believe to be true, or

of functions under this section

commits an offence and is liable on summary conviction to a fine of not

less than one hundred and not more than two hundred penalty units or

to a term of imprisonment for a term of not less than two months and

not more than six months or to both the fine and term of imprisonment.

Expenditure of District Assemblies

Expenditure

170. (1) A District Assembly may incur any expenditure necessary for

or incidental to the carrying out of a function conferred on the District

Assembly under this Act, or by the Instrument which established that

District Assembly, but the expenditure shall be included in the approved

budget for the District Assembly for the relevant year.

(2) For the avoidance of doubt, any moneys received by a District

Assembly from the Common Fund shall be expended only on projects

that form part of the approved development plan for the district.

Writing off of irrecoverable arrears of revenue

171. (1) A District Assembly may write off any sum due and payable

to that District Assembly from or by any person for sufficient cause which

shall be an irrecoverable debt in any one year, but this shall not exceed an

amount to be determined each year by the Minister.

(2) A District Assembly shall inform the Minister in writing of

the total sum written off and the reasons for doing so.

Other Financial Matters

Keeping of accounts and publication of annual statement of accounts

172. (1) Each District Assembly shall keep accounts and proper records

in relation to the accounts and shall prepare immediately after the end

of each financial year, a statement of its accounts in the form that the

Auditor-General may direct.

(2) Each District Assembly shall publish at its own office including

sub-district offices and in any other manner directed by the Minister,

(a) the annual statement of its accounts; and

Auditor-General,

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three months after the end of the financial year to which the accounts relate

or the receipt of the Auditor-General’s report.

Power of Minister to give financial instructions

173. (1) The Minister may issue written instructions for the improved

control and efficient management of the finances of District Assemblies

after consultation with the Minister responsible for Finance.

(2) The instructions may be issued either generally or with

respect to a particular District Assembly and shall be complied with by

District Assemblies generally or the District Assembly concerned.

Access to records of District Assemblies

174. (1) A person authorised in writing by a sector Minister or the

Regional Co-ordinating Council concerned shall, have access to and is

entitled to inspect the books, accounts and records of a District Assembly

related to the sector at any reasonable time.

(2) The person authorised in subsection (1) may advise the

District Assembly on the books, account and records and submit reports

on them to the Minister responsible for the sector and the Regional

Co-ordinating Council.

(3) A person who wilfully obstructs an authorised person in the

discharge of duties, commits an offence and is liable on summary conviction

to a fine of not less than one hundred penalty units and not more

than two hundred penalty units or to a term of imprisonment of not less

than one month and not more than three months or to both the fine and

term of imprisonment and in the case of a continuing offence to a further

fine of one penalty unit for each day on which the offence continues after

written notice has been served on the offender.

PART SIX – AUDIT

Internal Audit

Internal audit

175. (1) Each District Assembly shall have an Internal Audit Unit.

(2) The staff of the Internal Audit Unit are members of the

Local Government Service.

(3) The Head of the Local Government Service in appointing

the staff of the Internal Audit Units of the District Assemblies shall have

regard to the standards and procedures determined by the Internal Audit

Agency established under the Internal Audit Agency Act, 2003 (Act 658).

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(4) The Head of the Internal Audit Unit of the District Assembly

(a) is responsible to the District Assembly;

(b) shall, at intervals of three months, prepare a report on the

internal audit work carried out by the Unit during the three

month period immediately preceding the preparation of

the report and submit the report to the Presiding Member

of the District Assembly;

financial affairs of the District Assembly during the period

to which the report relates; and

(d) shall forward a copy of each report prepared by the Unit to

the District Chief Executive, the Minister, the Internal Audit

Agency, the Regional Co-ordinating Council and the

Office of the Head of the Local Government Service.

(5) The Audit Report Implementation Committee of a District

Assembly is responsible for the implementation of the recommendations

of the internal audit reports.

External Audit

Auditor-General to audit accounts of District Assemblies

176. (1) The Auditor-General or an auditor appointed by the Auditor-

General shall, each year, audit the accounts of each District Assembly,

together with the books, records, returns and other documents relevant

to the accounts and the financial satetment.

(2) The Auditor-General shall, each year, submit a report to the

Minister, Parliament and the relevant District Assembly on the accounts

of the District Assembly, together with the books, records, returns and

other documents relevant to the accounts and the annual statement of

the accounts.

(3) The Auditor-General shall, in the report submitted under subsection

(2), draw attention to any irregularities in the accounts audited.

(4) The provisions on audit in a District Assembly shall be

subject to any other enactment in relation to the audit of public accounts

and the functions of the Auditor-General.

(5) The District Assembly shall take the Auditor-General’s report

into consideration at its next ordinary meeting or as soon as practicable

after that.

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(6) The Audit Report Implementation Committee of a District

Assembly is responsible for the implementation of the recommendations

of the Auditor-General.

Auditor-General may disallow or surcharge

177. (1) The Auditor-General may disallow any item of expenditure

which is contrary to this Act and surcharge

(a) the amount of any expenditure disallowed on the person

responsible for incurring or authorising that expenditure;

(b) any sum that has not been duly brought into account on

the person by whom the sum ought to have been brought

into account; or

whose negligence or misconduct the loss or deficiency has

been incurred.

(2) A person aggrieved by a disallowance or surcharge made by

the Auditor-General may appeal to the High Court not later than thirty

days after the Auditor-General has given notice of the disallowance or

surcharge.

(3) A sum certified by the Auditor-General to be due from any

person shall be paid by that person to the District Assembly or other

body concerned within thirty days after it has been certified or, if an

appeal with respect to that sum has been made within thirty days, after the

appeal is finally disposed of or abandoned or fails by reason of non-prosecution.

Recovery of sums certified to be due

178. (1) A sum which is certified by the Auditor-General to be due

and which has become payable shall be recoverable as a civil debt.

(2) A certificate signed by the Auditor-General in a proceeding

for the recovery of a sum shall be conclusive evidence that the sum certified

to be due has been paid and a certificate signed by the designated

officer of the District Assembly that the sum certified to be due has been

paid after the certificate of the Auditor-General, shall be conclusive

evidence of the facts in the certificate.

(3) Where proceedings to appeal against the decision of the

Auditor-General have commenced, the certificate signed by the Auditor-

General shall not be evidence of the facts stated in the certificate unless

the decision is confirmed on appeal.

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(4) A certified copy of the finding of the court shall be conclusive

evidence of the matter contained in the copy where the decision is varied

by the court.

(5) A certificate purporting to be signed by the Auditor-General

or by the designated officer of the District Assembly concerned shall be

deemed to have been signed by the Auditor-General or by the officer,

unless the contrary is proved.

Suspension pending appeal

179. (1) Where the appellant is a member of the District Assembly,

an appeal against a disallowance or surcharge arising out of an audit

shall operate as a suspension of the member from attending any meeting

of the District Assembly or any committee of the District Assembly.

(2) The member shall not take part in the affairs of the District

Assembly from the date of the surcharge or disallowance and any person

who contravenes this provision commits an offence and is liable on

summary conviction to a fine of not less than two hundred and fifty

penalty units and not more than five hundred penalty units.

(3) Prosecution under this section shall not be commenced

without the consent in writing of the Attorney-General.

Application of provisions on audit

180. The provisions on audit shall be applicable in so far as the

context admits.

PART SEVEN - BY-LAWS

By-Laws and Model By-Laws

District Assembly to make by-laws

181. (1) A District Assembly may make by-laws for the purpose of

any function conferred on that District Assembly by this Act or any other

enactment.

(2) A District Assembly may

(a) specify as penalty for contravention of a by-law, a fine of

not less than one hundred penalty units and not more than

two hundred and fifty penalty units or a term of imprisonment

of not less than six months and not more than twelve

months or to both the fine and imprisonment;

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(b) specify a further penalty of not more than one penalty unit

in the case of a continuing offence for each day on which

the offence is continued after written notice of the offence

has been served on the offender; and

the District Assembly may consider fit in the by-laws.

(3) A by-law made by a District Assembly shall be read and

construed subject to this Act and any other enactment.

Validity of by-laws

182. (1) Every by-law made by a District Assembly shall be submitted

to the Regional Co-ordinating Council.

(2) The Regional Co-ordinating Council shall ensure that the

by-law is consistent with this Act or any other enactment.

(3) Where the Regional Co-ordinating Council

(a) rejects the by-law, the Regional Co-ordinating Council shall

notify the District Assembly giving reasons for the rejection;

(b) approves the by-law, the Regional Co-ordinating Council

shall cause the by-law to be published.

(4) A by-law shall not have effect until the by-law has been

(a) posted on the premises of the District Assembly concerned

and in at least one other public place within the district,

and

(b) published in a daily newspaper of national circulation or

in the Gazette.

(5) By-laws may be sold to the public at a price to be determined

by the District Assembly.

Model by-laws

183. (1) Where the Minister is of the opinion that uniform provision

may reasonably be made in respect of a matter for which by-laws may be

made, the Minister may, by legislative instrument, make model by-laws

in respect of that matter.

(2) Where a model by-law is not expressed to apply throughout

the country, that model by-law shall

(a) apply within the area of authority of the District Assembly

that the Minister may specify in the model by-law; and

(b) be subject to the modifications or omissions that the Minister

may consider expedient.

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(3) Where prior to the enactment of a model by-law, a by-law

exists in relation to the subject-matter of the model by-law, that by-law

shall to the extent of the provisions of the model by-law, cease to have

effect within the area.

Copy of by-laws to be deposited at District Assembly Offices

184. A copy of every by-law made by a District Assembly

(a) shall be deposited at the office of the District Assembly;

and

(b) shall, at reasonable times, be open to public inspection

without the payment of any fee.

Evidence of by-laws

185. (1) A copy of the by-law purporting to be made by a District

Assembly shall be evidence in any court as to the making and the content

of the by-law if the by-law is

(a) endorsed with a certificate which is signed by the Presiding

Member and the Secretary to the District Assembly; and

(b) sealed with the seal of the District Assembly.

(2) An endorsement in subsection (1) shall be to the effect that the

by-law is a true copy of the by-law.

PART EIGHT – DECENTRALISATION AT THE REGIONAL

LEVEL

Regional Co-ordinating Councils

Establishment of Regional Co-ordinating Councils

186. There is established for each region a Regional Co-ordinating

Council in accordance with Article 255 of the Constitution.

Composition of Regional Co-ordinating Councils

187. (1) A Regional Co-ordinating Council consists of

(a) the Regional Minister and the Deputy or Deputies;

(b) the Presiding Member of each District Assembly in the

region and the District Chief Executive of each district in

the region;

(d) the regional heads of the decentralised Ministries in the

region as members without the right to vote.

(2) The Regional Minister is the chairperson of the Regional

Co-ordinating Council.

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(3) The Regional Co-ordinating Director is the secretary to the

Regional Co-ordinating Council.

Functions of Regional Co-ordinating Councils

188. (1) A Regional Co-ordinating Council shall

(a) monitor, co-ordinate and evaluate the performance of the

District Assemblies in the region;

(b) monitor the use of moneys

(i) mobilised by the District Assemblies; or

(ii) allocated and released to the District Assemblies by

any agency of central Government; and

(2) The Regional Co-ordinating Council is responsible for the

following functions:

(a) the approval of the by-laws of the District Assemblies in

the region subject to their consistency with national legislation,

(b) the provision of back-stopping support for the performance

of any function assigned to the District Assemblies in the

region in respect of which a particular District Assembly is

deficient in terms of skills and workforce;

in the region and any agency of the central Government,

public corporation, statutory body, non-governmental

organisation or individual;

(d) the oversight responsibility for second-cycle educational

institutions and regional hospitals in the region on behalf

of the Ministries of Education and Health; and

(e) the performance of any other functions assigned to it by or

under an enactment.

Development Planning functions of Regional Co-ordinating Councils

189. (1) A Regional Co-ordinating Council shall

(a) provide a District Planning Authority with the information

and data necessary to assist the Authority in the

formulation of a district development plan;

(b) co-ordinate the plans and programmes of District Planning

Authorities and harmonise the plans and programmes

with national development policies and priorities for

consideration and approval by the Commission;

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programmes and projects of the District Planning Authorities

within the region;

(d) act on behalf of the Commission with respect to the

national programmes and projects in the region as the

Commission may direct; and

(e) perform any other planning functions that may be assigned

by the Commission.

Planning functions of Regional Planning Co-ordinating Unit

190. (1) A Regional Planning Co-ordinating Unit shall be established

to perform the planning functions of a Regional Co-ordinating Council.

(2) A Regional Planning Co-ordinating Unit shall comprise

the Heads of Regional Departments.

(3) The Regional Planning Co-ordinating Unit shall

(a) advise the Regional Co-ordinating Council on

(i) the co-ordination, monitoring and evaluation of

district development plans; and

(ii) matters related to development planning in the

region, including spatial and sectoral policies; and

(b) provide a secretariat for the Regional Co-ordinating Council

to perform its planning functions.

(4) The Regional Planning Officer shall be the convenor of the

Regional Planning Co-ordinating Unit.

Meetings of Regional Co-ordinating Councils

191. (1) A Regional Co-ordinating Council shall meet at least twice a

year and shall hold any other meetings that the Council considers necessary

at the times and in the places determined by the chairperson.

(2) The Regional Minister shall convene the meetings of the

Regional Co-ordinating Council.

(3) The Regional Minister may, by notice to the members of the

Regional Co-ordinating Council, convene a special meeting of the

Regional Co-ordinating Council for a specified purpose.

(4) The special meeting shall be held at the time and place

specified in the notice convening the meeting.

(5) The Regional Minister shall preside at the meetings of the

Regional Co-ordinating Council and in the absence of the Regional

Minister, a Deputy Regional Minister shall preside.

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(6) Matters at a meeting of a Regional Co-ordinating Council

shall be decided by a simple majority of the members present and voting

and where there is equality of votes, the person presiding shall have a

casting vote.

(7) The quorum at a meeting of the Regional Co-ordinating

Council is one-third of the membership of the Regional Co-ordinating

Council, excluding the heads of the Regional Departments.

(8) The validity of the proceedings of a Regional Co-ordinating

Council shall not be affected by a vacancy among its members or by a

defect in the appointment or qualification of a member.

(9) Except as otherwise provided, the Regional Co-ordinating

Council shall regulate the procedure for its meetings.

Office of the Regional Co-ordinating Council

192. (1) There shall be an Office of the Regional Co-ordinating Council

in each region of the country.

(2) The Offices of the Regional Co-ordinating Councils in existence

immediately before the commencement of this Act are continued in

existence.

(3) A person seconded from any public office to the Office of the

Regional Co-ordinating Council shall be an officer of the Regional

Co-ordinating Council.

Functions of the Office of the Regional Co-ordinating Council

193. The Office of the Regional Co-ordinating Council is responsible

for assisting the Regional Co-ordinating Council in the performance

of its functions.

Regional Co-ordinating Director

194. (1) There shall be a Regional Co-ordinating Director for each

Regional Co-ordinating Council.

(2) The President may in accordance with Article 195 (1) of the

Constitution, appoint a Regional Co-ordinating Director for each

Regional Co-ordinating Council.

(3) The President may, delegate the power of appointment

under subsection (2) to the Head of the Local Government Service Council.

(4) The Regional Co-ordinating Director

(a) is the administrative head of the Office of the Regional

Co-ordinating Council;

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(b) is responsible for the co-ordination of the activities of the

Departments of the Regional Co-ordinating Council; and

Service.

(5) The Regional Co-ordinating Director is responsible to the

Regional Minister in the performance of the functions of the office.

(6) The Regional Co-ordinating Director is a member of the Local

Government Service.

(7) The Regional Co-ordinating Director shall ensure that the

functions and responsibilities of the Office of the Regional Co-ordinating

Council are effectively and efficiently carried out.

Staff of the Office of the Regional Co-ordinating Council

195. (1) The Office of the Regional Co-ordinating Council shall have

the staff that may be necessary for the proper and effective performance

of the functions of the office.

(2) The President may, in accordance with Article 195 (1) of the

Constitution, appoint the staff of the Regional Co-ordinating Council.

(3) The President may delegate the appointment under subsection

(2) to the Head of the Local Government Service Council.

(4) The staff of the Office of the Regional Co-ordinating Council

shall perform the functions assigned to them under this or any other

enactment.

Departments of the Regional Co-ordinating Council

196. (1) The Departments specified in the Thirteenth Schedule are

established as Departments of the Regional Co-ordinating Council.

(2) The Departments of the Regional Co-ordinating Councils

shall be headed by Regional Heads of Departments who are responsible

for the proper and effective performance of their functions.

(3) The Regional Heads of Departments of the Regional

Co-ordinating Councils are responsible to the Regional Minister through

the Regional Co-ordinating Director.

(4) The Head of the Local Government Service shall issue

Administrative Instructions to specify

(a) how Departments of the Regional Co-ordinating Councils

are to be established; and

(b) the details of the reporting relationship between the

Regional Heads of Departments of the Regional Co-ordinating

Council, the Regional Co-ordinating Director and the

Regional Minister.

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Functions of the Departments of the Regional Co-ordinating Council

197. The Departments of the Regional Co-ordinating Council

(a) shall co-ordinate, harmonise, monitor and evaluate the

performance of the functions of the relevant Departments

of the District Assemblies in the region;

(b) are responsible for the implementation of the decisions of

the Regional Co-ordinating Council as they affect the

Departments; and

harmonisation, monitoring and evaluation activities and

on their implementation of the decisions of the Regional

Co-ordinating Councils to the Regional Co-ordinating

Council through the Regional Co-ordinating Director.

Regional level inter-service and inter-sectoral collaboration and

co-operation

198. (1) The Departments of a Regional Co-ordinating Council shall

collaborate and co-operate with the other sectors of the public service

(a) in order to ensure a co-ordinated approach to the monitoring

and evaluation of the performance of the District Assemblies

in the region, and

(b) in the monitoring of the use of moneys allocated and

released to the District Assemblies by agencies of the

central government, and in the review and co-ordination

of public services generally in the region.

(2) The Regional Minister shall facilitate the collaboration and

co-operation with the other sectors of the public service.

(3) The Regional Heads of Department of the other sectors of

the public service shall attend meetings and participate in the deliberations

of the Regional Planning Co-ordinating Unit and the Regional

Co-ordinating Council to which they are invited and the meetings shall

be referred to as the expanded Regional Planning Co-ordinating Unit

and the expanded Regional Co-ordinating Council meetings respectively.

(4) The expanded Regional Planning Co-ordinating Unit and the

expanded Regional Co-ordinating Council shall oversee the effective

merger and amalgamation of the Departments of the District Assemblies

referred to in the Second and Fourth Schedules and shall resolve any disputes

and misunderstandings arising from the merger and amalgamation.

(5) The Regional Heads of Departments of the other sectors of

the public service shall provide information on any matter affecting their

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sectors upon reasonable request by the Regional Minister, the Regional

Co-ordinating Director or a Head of Department of the Regional

Co-ordinating Council.

(6) The Regional Co-ordinating Council shall hold at least one

joint annual meeting with the Heads of the Departments of the Regional

Co-ordinating Council and the Heads of the other sectors of the public

service to review the performance of the regional level of governance.

Funds of the Regional Co-ordinating Council

199. (1) The Regional Co-ordinating Council shall receive funds from

the following sources to be used exclusively for the functions of

the Regional Co-ordinating Council, its planning functions and the planning

functions of the Regional Co-ordinating Unit;

(a) a percentage of the Common Fund determined by Parliament;

and

(b) grants and other donations made to the Regional

Co-ordinating Council.

(2) These funds shall be in addition to the budgetary allocations

made annually to the Regional Coordinating Council in the national

budget.

Regional budget

200. (1) Each Regional Co-ordinating Council is responsible for the

preparation, administration and control of budgetary allocations to the

Regional Co-ordinating Council.

(2) Every Regional Co-ordinating Council shall, before the end

of each financial year, submit a regional integrated budget to the Minister

for Finance for approval by Parliament.

(3) The regional integrated budget shall cover the budgets of the

Office of the Regional Co-ordinating Council and include the aggregate

revenue and expenditure of the departments and organisations under

the Regional Co-ordinating Council, including the annual monitoring

and evaluation plans and programmes of the Office of the Regional

Co-ordinating Council and the departments and organisations under

the Regional Co-ordinating Council.

(4) The Minister responsible for Finance shall create a budget line

in the national budget appropriation for the regional integrated budget.

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Regional Minister

201. (1) The President shall, in accordance with Article 256 of the

Constitution, appoint for each region, a Minister of State who shall be

known as the Regional Minister for that region.

(2) A Regional Minister shall

(a) represent the President in the region;

(b) be responsible for the co-ordination and direction of the

administrative machinery in the region; and

(3) The President may, in consultation with the Minister of State

for a region and with the prior approval of Parliament, appoint for the

region, a Deputy Minister or Deputy Ministers to perform functions as

the President may determine.

Relationship between the Regional Minister and the District Chief

Executive

202. (1) The Regional Minister

(a) is on behalf of the President, responsible for supervising

the work of the District Chief Executives of the districts in

the region;

(b) is responsible for monitoring and evaluating the District

Chief Executives in the region in the performance of their

functions; and

annual assessment reports on the performance of the

District Chief Executives in the region.

(2) District Chief Executives in the region shall inform the

Regional Minister of any new fees, taxes and rates imposed by their

District Assemblies and the infrastructure and development projects

undertaken or programmed to be undertaken by their District Assemblies.

Regional management

203. (1)The Office of the Regional Co-ordinating Council established

under section 192 shall co-ordinate and monitor the programmes of government

departments at the regional level and keep the Regional

Co-ordinating Council informed of their performance.

(2) The Regional Co-ordinating Director shall, within three

months after the end of each financial year, prepare an annual report of

the work of the Regional Co-ordinating Council in that year and submit

the report to the President through the Regional Minister after approval

by the Regional Co-ordinating Council.

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(3)The relationship of the Regional Co-ordinating Director to

the Regional Minister shall be that of a Chief Director to the Minister.

PART NINE - INTER-MINISTERIAL CO-ORDINATING

COMMITTEE ON DECENTRALISATION

Establishment and Functions of the Inter-Ministerial Co-ordinating Committee

on Decentralisation

Establishment of Inter-Ministerial Co-ordinating Committee on

Decentralisation

204. (1) There is established by this Act, an Inter-Ministerial Co-ordinating

Committee on Decentralisation, referred to in this Act as the Inter-

Ministerial Co-ordinating Committee.

(2) The Inter-Ministerial Co-ordinating Committee is the key

national institutional mechanism for the inter-sectoral policy coordination

of decentralisation and for the decentralised local governance system.

(3) The Inter-Ministerial Co-ordinating Committee shall comprise:

(a) the President or a designated representative as chairperson;

(b) the Minister for Local Government;

(d) the Minister for Education;

(e) the Minister for Health;

(f) the Minister for Food and Agriculture;

(g) the Minister responsible for Gender, Children and Social

Protection;

(h) the Attorney-General and Minister for Justice;

(i) the Head of the Local Government Service;

(j) the Head of the Civil Service; and

(k) the Chairperson of the National Development Planning

Commission.

(4) The Inter-Ministerial Co-ordinating Committee may appoint

sub-committees and task forces to assist in the performance of functions.

(5) The Inter-Ministerial Co-ordinating Committee may require

a Minister or public officer to attend its meetings or provide information

required for the performance of its functions.

(6) The Inter-Ministerial Co-ordinating Committee may co-opt

a person or engage the services of experts and consultants for the

effective discharge of its functions.

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(7) The Inter-Ministerial Co-ordinating Committee may meet

at the times and in the places determined by the chairperson and shall

regulate its own procedure.

Functions of the Inter-Ministerial Co-ordinating Committee

205. The Inter-Ministerial Co-ordinating Committee is responsible

for the inter-sectoral policy coordination of decentralisation and for the

decentralised local governance system.

Technical Committee of the Inter-Ministerial Co-ordinating Committee

206. (1) There shall be established a Technical Committee of the

Inter-Ministerial Co-ordinating Committee consisting of

(a) a chairperson appointed by the Inter-Ministerial Co-ordinating

Committee,

(b) the Chief Director of the Ministry of Local Government,

(d) the Chief Director of the Ministry of Education,

(e) the Chief Director of the Ministry of Health,

(f) the Chief Director of the Ministry of Food and Agriculture,

(g) the Chief Director of the Ministry of Gender, Children

and Social Protection,

(h) the Director of Legislative Drafting, Attorney General’s

Department of the Ministry of Justice,

(i) the Chief Director of the Office of the Head of Local

Government Service,

(j) the Chief Director of Office of the Head of Civil Service,

and

(k) the Director-General, National Development Planning

Commission.

(2) The Technical Committee shall meet at the times and places

that the chairperson may determine but shall meet before each meeting

of the Inter-Ministerial Co-ordinating Committee to discuss the items

for consideration and prepare policy options for the consideration of

the meeting.

Secretariat of the Inter-Ministerial Co-ordinating Committee

207. (1) The Inter-Ministerial Co-ordinating Committee shall have a

Secretariat headed by an Executive Secretary.

(2) The Secretariat shall ensure the effective implementation of

the decisions of the Inter-Ministerial Co-ordinating Committee.

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(3) The Inter-Ministerial Co-ordinating Committee on

Decentralisation shall be under the Office of the President.

PART TEN – MISCELLANEOUS MATTERS

Acquisition of Immovable Property

Power of District Assembly to acquire land

208. (1) A District Assembly, in furtherance of its incorporation, may

acquire land or buildings in the district or outside the district as it considers

necessary to perform any function conferred on it.

(2) A District Assembly may, in the best interest of the District

Assembly, purchase land, service the land and re-allocate the land to a

prospective public or private developer for development.

Development charges on serviced land

209. (1) A District Assembly shall impose a reasonable development

charge on a prospective developer when allocating acquired and serviced

land to a prospective developer and may impose other terms that may

appear to the District Assembly to be expedient for the development of

the district.

(2) The proceeds from a development charge shall be paid into a

separately established fund maintained solely for the purpose of further

acquisition and servicing of land acquired.

Legal Proceedings and Notices

Notice of suit to be served on District Assembly

210. (1) A suit shall not be commenced against a District Assembly

until at least one month after a written notice of intention to commence

the suit has been served on the District Assembly by the intending plaintiff

or an agent of the plaintiff.

(2) The notice shall state the cause of action, the names and place

of abode of the intending plaintiff and the relief which the plaintiff

claims.

(3) An action shall not lie against a District Assembly unless the

action is commenced within twelve months after the act, neglect or

default complained of, or in the case of continuing damage or injury,

within twelve months after the date of cessation.

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Mode of service on District Assembly

211. (1) Any summons, notice or other document required or

authorised to be served on a District Assembly shall be served by delivering

or sending the summons, notice or other document by registered post

addressed to the District Chief Executive.

(2) A court may, in a particular suit or as regards a particular

document, order service on the District Assembly to be effected in another

manner and in that case, service shall be effected in accordance

with the terms of the court order.

Description of property

212. Where in any criminal proceeding it is necessary to refer to the

ownership or description of property belonging to or under the management

of a District Assembly, the property may be described as the property

of the District Assembly.

Power of entry

213. (1) A person authorised in writing by a District Assembly may

enter onto any land, building or premises, within the area of authority

of the District Assembly to carry out an inspection, inquiry or the execution

of works under any by-law made by the District Assembly.

(2) A person authorised by a District Assembly to exercise a power

of entry, shall not enter a place known as a sacred grove within the area

of authority of the District Assembly.

Publication of notices

214. The publication of a notice or any other document required by

this Act to be published shall be deemed to be duly published if the notice

or document is fixed

(a) in a conspicuous place on or near the outer door of the

office of the District Assembly during office hours, or

(b) in some other conspicuous place within the District

for a reasonable time.

Occupier to provide specified particulars

215. (1) A District Assembly may, by notice in writing, require the

occupier of premises to state the name and address of the owner of

the premises to enable a document to be served on the owner of the

premises.

(2) If the occupier refuses within fourteen days after the notice

has been served to provide the name and address of the owner of the

Act 936 Local Governance Act, 2016

premises, or wilfully misstates the name and address of the owner, the

occupier commits an offence and is liable on summary conviction in

respect of each offence to a fine of not less than twelve penalty units and

not more than twenty five penalty units or to a term of imprisonment of

not more than one month or to both the fine and term of imprisonment

and in the case of a continuing offence, to a further fine of one penalty unit

for each day on which the offence continues, unless cause is shown to the

satisfaction of the court why the occupier is unable to provide the details

of the owner.

Privileges and Immunities

Freedom of speech and proceedings in District Assembly

216. There shall be freedom of speech, debate and proceedings in every

District Assembly and the freedom shall not be impeached or questioned

in any court or place.

Immunity from proceedings for acts in District Assembly

217. (1) Civil or criminal proceedings shall not be instituted against a

member of a District Assembly or officer of the District Assembly in any

court because of anything said by that person in the District Assembly or

any matter or thing brought by that person in or before the District

Assembly by petition, motion or otherwise.

(2) Where in the opinion of the Presiding Member of a District

Assembly, a statement made by a member of the District Assembly is

defamatory of any person in the first instance, the Presiding Member

shall refer the matter for inquiry to the Public Relations and Complaints

Committee of the District Assembly which shall report its findings to the

District Assembly not later than fourteen days after the matter was

referred.

(3) Where the Committee reports to the District Assembly that

the statement made by the member is defamatory of any person, the

member who made the statement shall, at the next sitting of the District

Assembly, render an apology at the bar of the District Assembly, the terms

of which shall be approved by the Committee and communicated to the

person who has been defamed.

(4) Where a member refuses to render an apology, the Presiding

Member shall suspend that member for the duration of two consecutive

meetings of the District Assembly.

Local Governance Act, 2016 Act 936

(5) A member of the District Assembly who has been suspended

shall lose the privileges, immunities and allowances in respect of membership

of the District Assembly and the privileges, immunities and

allowances shall be forfeited until an apology is rendered.

Immunity from Service as Juror

218. A member of the District Assembly shall not be required to serve

on a jury in any court or as a member of any tribunal.

Immunity from service of process and arrest

219. (1) Civil or criminal process from a court shall not be served on

or executed in relation to any member of the District Assembly or officer

of the District Assembly while the member is on the way to attend or

returning from a meeting of the District Assembly.

(2) A certificate of the Presiding Member of the District Assembly

to the effect that a member was on the way to, attending or returning

from a meeting of the District Assembly shall be conclusive evidence of

attendance at the District Assembly.

Immunity from publication of proceedings

220. A person shall not be under a civil or criminal liability in respect

of the publication of

(a) the text or a summary of a report, paper, minutes, note or

proceedings of a District Assembly; or

(b) a contemporaneous report of a meeting of the District

Assembly,

unless it is shown that the publication was made with malice or otherwise

in want of good faith.

Privileges of witnesses

221. (1) A person summoned to attend and give evidence or to

produce any paper, book, record or other document before a District

Assembly is entitled to the same privileges as if that person were appearing

before a court to give evidence.

(2) A public officer shall not be required to produce any document

before a District Assembly if the Presiding Member of the District

Assembly certifies that

(a) the document belongs to a class of documents that would

be injurious to public interest to produce; or

(b) the disclosure of the contents of the document will be prejudicial

to the security of the State.

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(3) Where there is a doubt as to whether the production of a document

is injurious to public interest or prejudicial to the security of the

State, the Presiding Member of the District Assembly shall refer the matter

to the High Court to determine whether the production or disclosure of

the contents of the document will be injurious to the public interest or

prejudicial to the security of the State.

(4) An answer by a person to a question put by a District Assembly

shall not be admissible in evidence against that person in any civil or

criminal proceedings out of the District Assembly, except proceedings

for perjury brought under the criminal law.

Contempt of District Assembly

222. (1) An act which

(a) obstructs or impedes a District Assembly in the performance

of its functions,

(b) obstructs or impedes a member or officer of the District

Assembly in the discharge of official duties,

(d) tends either directly or indirectly to produce a result

specified in paragraphs (a), (b) or (c),

shall be contempt of the District Assembly.

(2) Where an act which constitutes contempt of a District

Assembly is an offence under the criminal law, the exercise by the District

Assembly of the power to punish for contempt shall not limit the institution

of proceedings under the criminal law.

Obstruction of the Authority of a District Assembly

Obstruction of officers

223. (1) A person who

(a) wilfully obstructs a member of a District Assembly in the

execution of the duties of the member, or

(b) being the occupier of premises, prevents the owner of the

premises from complying with any requirements of the

District Assembly,

commits an offence and is liable on summary conviction to a fine of not

less than twelve penalty units and not more than twenty five penalty units

or to a term of imprisonment of not more than one month or to both the

fine and the term of imprisonment and in the case of a continuing

offence to a further fine of one penalty unit for each day that the offence

continues.

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Offence of Unauthorised Sitting and Voting

Penalty for unqualified person sitting or voting in District Assembly

224. A person who

(a) is elected or appointed as a member of a District Assembly

while that person is not qualified to be elected or appointed

and sits or votes in the District Assembly,

(b) sits or votes in a District Assembly after the seat in the

District Assembly has become vacant knowing or having

reasonable grounds for knowing that the seat has become

vacant, or

become disqualified from sitting or voting in the District

Assembly, knowing or having reasonable grounds for

knowing that that person is disqualified,

commits an offence and is liable on summary conviction to a fine of not

less than one hundred penalty units and not more than two hundred

penalty units or to a term of imprisonment of not less than three months

and not more than six months or to both the fine and the imprisonment.

Executive Authority and Local Government

Delegation of powers of President or Minister

225. The President or the Minister, with the prior approval of the

Cabinet, may by Executive Instrument, delegate any of the functions of

the President or Minister under this Act other than the functions of the

Minister under section 3, to a public officer subject to the conditions

specified in the Instrument.

Provision of information to the President or Minister

226. Each District Assembly and every member or officer of the

District Assembly shall furnish the President or the Minister with the

information that the President or Minister may require in relation to the

functions of the District Assembly.

Provisions on Staff of District Assembly

Staff of District Assembly to give account of moneys and properties in

their charge

227. (1) A member of staff of a District Assembly during the

continuance of office, or within three months after ceasing to hold office

and in a manner that the District Assembly or the Auditor-General may

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direct, shall prepare and deliver to the District Assembly or as the Auditor-

General may direct, a true account in writing of the moneys and property

entrusted to that member of staff and the receipts and payments, with

vouchers and other documents and records supporting the entries, list of

persons from whom or to whom money is due in connection with the

office, showing the amount from or to each.

(2) The member of staff shall pay moneys due from that member

of staff to the District Assembly or otherwise as the District Assembly or

the Auditor-General may direct.

(3) If a person refuses to

(a) make a payment required to be made, or

(b) deliver to the District Assembly or as the Auditor-General

may direct, an account or list required to be made under

this section or delivered after three days’ notice signed by

(i) the Presiding Member of the District Assembly,

(ii) three members of the District Assembly, or

(iii) the Auditor-General, and delivered to the usual or

last known place of residence of the person, or

voucher or to give a satisfactory response in respect of a

voucher to the District Assembly or as the Auditor-General

may direct,

an officer of the District Assembly may file a complaint to the court which

may order or require the person to make the payment or deliver the document

to the District Assembly or as the Auditor-General may direct.

(4) A person who wilfully neglects to comply with the order of

the court commits an offence and is liable on summary conviction to a

fine of not less than one hundred penalty units and not more than two

hundred penalty units or to a term of imprisonment of six months or to

both the fine and the term of imprisonment and in the case of a continuing

offence to a further fine of not more than one penalty unit for each day

on which the offence continues.

(5) Nothing in this section shall affect any remedy by action

against a person or the surety of that person, except that the member of

staff shall not be sued by action and proceeded against under this section

for the same cause.

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Protection of members and staff

228. Subject to the Constitution, a member of a District Assembly or

a member of staff of a District Assembly or any person acting under the

direction of the District Assembly is not personally liable for any act done

in good faith in the performance of a function or the execution of a duty

under this Act.

Recovery of moneys due by way of deduction

229. (1) Despite any provision in this Act, where a person is indebted

to a District Assembly in any specific sum of money, the District Chief

Executive, after consultation with the Attorney-General, may authorise

the retention by way of deduction or set-off of the amount of the indebtedness

out of any sum of money that may be due or payable by the

District Assembly to that person.

(2) A debt owed by a member of staff of the District Assembly

may however be recovered by way of deductions from the emoluments

of that person if the Presiding Member of the District Assembly directs

in writing and the Controller and Accountant-General or any other

person authorised by the Controller and Accountant-General shall carry

out the request made if the request is reasonable.

Payment of allowances to District Assembly members and staff

230. Model Standing Orders made by the Minister under subsection

(6) of section 18 may provide for the payment of transport and other

allowances to members of the District Assembly and to persons invited

to attend any of the meetings of the District Assembly.

Authority of District Assembly

Proof of acts of authority

231. Any authorisation, notice or other document purporting to be

granted, given or made and any act purporting to be done by a District

Assembly or under an instrument, shall be taken to be duly granted, given,

made or done by the District Assembly without further evidence unless

the contrary is proved.

Final Provisions

Regulations

232. (1) The Minister may, by legislative instrument, make Regulations

for carrying into effect the provisions of this Act and in particular

(a) for the procedure to secure a permit;

(b) for the provision of notices;

permit; and

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(d) for consultations between the District Planning Authority

and public agencies and local communities.

(2) The Minister may, on the advice of the Local Government

Service Council given in consultation with the Public Services Commission,

make Regulations for

(a) institutional co-operation between the Local Government

Service and other branches of the public service, and

(b) a matter that falls within the scope of the functions of the

Local Government Service.

(3) The Minister may, by legislative instrument, amend with the

prior approval of Cabinet a provision of the Schedules except the

Fourteenth Schedule.

Consequential amendments

233. The enactments specified in the first column of the Fourteenth

Schedule are amended or otherwise affected to the extent specified in the

second column of that Schedule.

Interpretation

234. In this Act, unless the context otherwise requires,

“Administrator” means the head of the District Assemblies

Common Fund;

“Association” means the National Association of Local Authorities

of Ghana;

“audit” includes an annual, interim or any audit but shall not

include an internal audit;

“Audit Report Implementation Committee” means the

Committee established under section 86 of the Public

Financial Management Act, 2016 (Act 921);

“Auditor-General” includes any auditor or public officer

authorised by the Auditor-General in writing to act in the

name of the officer or on behalf of the Auditor-General;

“basic rate” means an amount imposed by the District Assembly

payable by a person of or above the age of eighteen years

and below the age of seventy years who resides within a

district;

“betterment charge” means the determinable percentage of

money charged on the increase in value of a property arising

out of public works carried out by a District Assembly;

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“buildings and structures” include references to plant and

machinery which are attached to and form an integral part

of any building or structure;

“central Government” means the Government of the Republic

of Ghana other than local government;

“civil society organisation” includes a community-based

organisation, faith-based organisation, non-governmental

organisation, professional or vocational association or

similar organisation;

“Commission” means the National Development Planning

Commission established under the National Development

Planning Act, 1994 (Act 479);

“Common Fund” means the Fund established under section

125;

“community right of space” means a road, street, foot path,

pavement, passenger terminal, parking area, any public

right of way, school ground, hospital ground, open space,

cemetery, playing field, square, durbar ground, market

place, public place of assembly, or any space or ground or

area for public or community use that exists or is so designated

in an approved settlement plan or under the provision

of any law;

“court” means court of competent jurisdiction;

“designated agencies” means the Organisations, Departments

and Services referred to in the Seventh Schedule;

“development” within the context of the District Assemblies

Common Fund, means programmes and projects of the

District Assembly that have the effect of achieving a long

and healthy life, access to knowledge, a decent standard of

living and the general well-being of the people of the

district;

“District Co-ordinating Director” includes a Municipal

Co-ordinating Director and a Metropolitan Co-ordinating

Director;

“District Assembly” includes a Metropolitan and Municipal

Assembly;

“District Chief Executive” includes Municipal Chief Executive

and Metropolitan Chief Executive;

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“district level stakeholders” includes chiefs and traditional authorities,

opinion leaders, community leaders and civil society

organisations;

“District Planning Authority” means the District Assembly;

“electoral area” means a local government electoral area specified

in the Schedule to the Constitutional Instrument issued by

the Electoral Commission for that purpose;

“general rate” means a rate levied over the whole district for the

general purposes of the district;

“Inter-Ministerial Co-ordinating Committee” means the Inter-

Ministerial Co-ordinating Committee on Decentralisation

established under section 204;

“Minister” means the Minister responsible for Local Government;

“mixed development area” means a use-zoning area where

residential, commercial, light industrial or heavy industrial

uses have been permitted or may be permitted, together or

in any combination thereof, by a District Planning Authority

as specified in a Rate Notice;

“nuisance” means any activity, operation, works, action,

neglect or any effect of it on, in, under or over land which

is offensive, injurious or prejudicial to amenity, public

health, public safety, public peace, public convenience or the

local or national economy;

“other sectors” include non-decentralised departments, stateowned

enterprises and public corporations operating in the

district ;

“physical development” means the carrying out of building,

engineering, mining or other operations on, in, under or

over land, or the material change in the existing use of land

or a building and includes the sub-division of land, the disposal

of waste on land including the discharge of effluent

into a body of still or running water and the erection of

advertisement or other hoarding;

“prescribed” means by Regulations made under this Act;

“rating authority” means the District Assembly for the District

concerned;

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“Regulations” means the Regulations made under this Act;

“replacement cost” with respect to buildings, structures and other

development means the amount it would cost to provide

the buildings, structures and other developments as if they

were new on an undeveloped site at the time the premises

are being valued;

“safe securities” include treasury bills and government bonds

and any other security approved by the Minister responsible

for Finance;

“serviced land” means land on which infrastructural services

including a road, drainage system, water and other utilities

have been provided;

“session” means a series of meetings of a District Assembly

within a period of twelve months;

“special rate” means a rate made and levied over a specified

area in the district for the purpose of a specified project

approved by the District Assembly for that area;

“structural development” includes any kind of work or improvement

carried out on or in any land and in particular foundations,

excavations, drainage systems, pathways, aprons

and other prepared surfaces;

“sub-district structure” includes the sub-metropolitan district

councils, urban councils, zonal councils, town councils, area

councils and unit committees of District Assemblies;

“total revenue” means the entire revenue collected by or accruing

to the central government other than foreign loans, grants,

non-tax revenue and revenues already collected by or for a

District Assembly under an enactment;

“Town Council” includes a Zonal Council;

”traditional authority” means a House of Chiefs or any council

or body established or recognised as such under customary

law and includes the “tindanas” of the Northern Region

and the “wulomei” of the Greater Accra Region; and

“use-zoning” means the division by a District Planning

Authority of a community or township into zones or

districts according to present or potential use of immovable

properties for the purposes of controlling or directing the

use and development of those properties or for the purposes

of rating or conserving the value of those properties.

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Repeals and savings

235. (1)The following enactments are repealed:

(a) District Assemblies Common Fund Act, 1993 (Act 455);

(b) Local Government Act, 1993 (Act 462); and

(2) Despite the repeal of the enactments specified under subsection

(1), any statutory instruments made or continued in existence under

any of the repealed enactments and in force immediately before the coming

into force of this Act, shall continue in force as if made under a corresponding

provision.

(3) Any by-law or instrument, including building regulations, or

any other act made or done by a local authority or other body charged

with the performance of local government functions in the area of a District

Assembly or any part of it and in force immediately before the coming

into force of this Act shall continue in force in that district or part of it as

if made or done under this Act.

(4) Despite the repeal of the enactments specified under subsection

(1), the District Assemblies in existence immediately before the coming

into force of this Act, shall continue in existence until the election

and appointment of new members of the District Assemblies.

Transitional provisions

236. (1) Staff of the Inspectorate Division of the Ministry of Local

Government in existence before the coming into force of this Act shall,

on the coming into force of this Act, be absorbed into the Internal Audit

Unit of the District Assemblies.

(2) A person absorbed into the Internal Audit Unit of a District

Assembly shall be deemed to have been duly employed by the Internal

Audit Unit of the District Assembly established by this Act on terms and

conditions which are not less in aggregate to terms and conditions

attached to the post held by that person before the coming into force of

this Act.

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FIRST SCHEDULE

(Section 77)

Decentralised Public Service Sectors

1. Agriculture

2. Births and Deaths Registry

3. Community Development

4. Cooperatives

5. Education

6. Finance

7. Health

8. Horticulture and Landscape Designing

9. Housing

10. Industry

11. Public Works

12. Roads

13. Social Welfare

14. Sports

15. Statistics

16. Town and Country Planning

17. Trade

18. Youth

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SECOND SCHEDULE

(Sections 78 (1), (4) and 198 (4))

Existing Departments under District, Municipal and Metropolitan Assemblies

Metropolitan Assembly Municipal Assembly District Assembly

1. Central Administration 1. Central Administration 1. Central Administration

Department Department Department

2. Finance Department 2. Finance Department 2. Finance Department

3. Education, Youth and 3. Education, Youth and 3. Education, Youth and

Sports Department Sports Department Sports Department

4. Metropolitan Health 4. Municipal Health 4. District Health

Department Department Department

5. Agriculture Department 5. Agriculture Department 5. Agriculture Department

6. Physical Planning 6. Physical Planning 6. Physical Planning

Department Department Department

7. Social Welfare and 7. Social Protection and 7. Social Welfare and

Community Development Community Development Community Development

Department Department Department

8. Works Department 8. Works Department 8. Works Department

9. Trade and Industry 9. Trade and Industry 9. Trade and Industry

Department Department Department

10. Natural Resources 10. Natural Resources 10. Natural Resources

Conservation, Forestry Conservation, Forestry Conservation, Forestry

and Game and Wildlife and Game and Wildlife and Game and Wildlife

Department Department Department

11. Disaster Prevention 11. Disaster Prevention 11. Disaster Prevention

Department Department Department

12. Roads Department 12. Roads Department -

13. Transport Department 13. Transport Department -

14. Waste Management - -

Department

15. Budget and Rating - -

Department

16. Legal Department - -

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THIRD SCHEDULE

(Section 78 (2))

Departments Ceasing to Exist in their Present Form

Present Form of Department New Form of Department at District Level

1. Education Service 1. Department of Education, Youth and Sports

2. Health Service 2. Health Department

1. Fisheries Department 3. Agriculture Department

2. Veterinary Services Division

3. National Board for Small-Scale 4. Department of Trade and Industry

Industries

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FOURTH SCHEDULE

(Sections 78 (3) and 198(4))

Departments to be established by District Assemblies

Additional Departments to be established Departments ceasing to exist in their present

form

Department of Housing Department of Rural Housing

Department of Statistics Ghana Statistical Service

Department of Births and Deaths Department of Human Resources

Births and Deaths Registry

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FIFTH SCHEDULE

(Section 104 (1) (e))

Matters for Building By-Laws

1. The making and maintenance of streets for the purpose of giving

access to premises.

2. The amount of space surrounding new buildings and buildings which

are to be extended or altered, so as to ensure free circulation of air.

3. Building lines and the layout of buildings.

4. The level of the ground floor of buildings.

5. The lighting and ventilation of buildings, the height of buildings

and the dimensions of rooms and corridors.

6. Reducing the risk of fire in buildings and ensuring sufficient means

of exit from new buildings in the event of fire.

7. Preventing the construction of buildings and other structures which

would be a disfigurement to the town or neighbourhood or which

would not be in keeping with the architectural character of the

neighbourhood and the execution of any work which would tend

to make existing buildings and structures a disfigurement to the

town or neighbourhood or which would not be in keeping with the

architectural character of the neighbourhood.

8. The repair and renovation of buildings and other structures, and

compelling necessary repairs and renovations to buildings and other

structures, to be carried out.

9. The certification of dwelling houses as having been constructed in

accordance with requirements of by-laws made under section 104

as a condition precedent to the habitation of the houses.

10. The construction of hoardings and similar structures and buildings.

11. The use of proper building scaffolding, hoardings, machinery and

appliances in connection with the construction, extension, alteration,

repair and renovation of buildings and other structures.

12. The conditions to be satisfied by a site for any building or for any

class of buildings.

13. Sanitary arrangements and conveniences of, or in connection with

new buildings.

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14. Cutting into, laying and pulling down any work suspected to have

been executed in contravention of any by-laws made under section

104 or any permit granted under the by-laws.

15. The designation of streets as shopping streets or business streets,

and prescribing special requirements to be satisfied in respect of

buildings constructed in them.

16. The drainage of streets, lands, compounds and new buildings.

17. The levels, width and construction of streets.

18. The construction of wells.

19. The preservation of trees and other natural amenities, the taking

of steps to enhance the scenic beauty of the neighbourhood, the

regulation of gardening and the care and conservation of open

spaces.

20. The period of duration of any permit provided for under any bylaws

and the extension of such period, and for the revocation of

such permit if the construction of or the execution of the work to

which it relates is not begun within a time specified in such permit.

21. The refusal of a permit to any applicant who has not completed a

building or any work under a permit previously granted to the

applicant.

22. Prescribing the forms to be used.

23. Prescribing the fees to be paid in respect of any matter or thing

prescribed by by-laws.

24. The removal or alteration of any obstruction or projection likely

to cause danger or inconvenience to persons using any street.

25. The giving of notices.

26. The deposit of plans, sections and specifications and other

particulars by persons intending to lay out streets or to construct,

extend, repair or renovate buildings.

27. Inspection by such officers as may be specified, and for the maintenance

of building agents on the sites of works, and the keeping

of proper plans of the sites.

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SIXTH SCHEDULE

(Section 106 (3))

Notice

To……………………….......................………………………………….....................

TAKE NOTICE THAT you are hereby required on or before

the………………day of………………..to submit a statement in writing under

your hand or the hand of some person duly authorised by you for that purpose

and served upon the District Chief Executive to show cause why …….........

…………………………...........................………………………………............

which has been constructed/executed in contravention of …………………..

……………………should not be……………………….....…...........................

…………………..............……………………………………............................

Dated this……......……day of………………….....................…….20…….….

.…………………………………………............

District Chief Executive or authorised officer

Note:

1. Give adequate particulars of offending building, structure or work.

2. Specify the by-law or condition of permit contravened.

3. State whether building, structure or work is to be removed, altered or

pulled down, and in the case of alteration give adequate particulars of

alteration required to be made.

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SEVENTH SCHEDULE

(Section 114)

Services, Organisations and Departments to Implement Response Plan and By-

Laws

1. Ghana National Fire Service

2. Ghana Police Service

3. National Disaster Management Organisation

4. Department of Social Welfare and Community Development

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Local Governance Act, 2016 Act 936

EIGHTH SCHEDULE

(Section 137 (2))

Licences

1. Dog licences

2. Hawkers licence

3. Extension of Hours licence

4. Hotels and Restaurants licences

5. Beer and Wine Sellers licences

6. Petroleum Installations licences

7. Palm-wine Sellers licences

8. Akpeteshie Distillers or Sellers licences

9. Herbalists licences

10. Taxi Cabs licences

11. Lorry Park Overseers licences

12. Taxi Drivers licences

13. Self-employed Artisans licences

14. Fishing Tolls licences

15. Births and Deaths licences

16. Electronic Communication Servers and Providers licences

17. Licence for any other locally brewed beverage

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Act 936 Local Governance Act, 2016

NINTH SCHEDULE

(Section 138 (1))

Vehicle Licences - Description of Vehicle

1. Every cart, truck or wagon, not propelled by mechanical power and

used primarily for the conveyance of goods and provision of other

services except a wagon, truck or carriage used on Government

railway.

2. Every bicycle other than a bicycle belonging to an establishment or

Government Department or the Prison Service, Armed Forces or

Police Service or other bicycle not propelled by mechanical power.

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TENTH SCHEDULE

(Section 139)

Entertainment Licences

1. Concerts, musical or theatrical performances

2. Video shows

3. Cinemas

4. Fairs

5. Circuses

6. Discotheques

7. Clubs

8. Other entertainments to which admission is to be obtained on payment

of money or reward, except where the whole proceeds are

being devoted to charity.

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Act 936 Local Governance Act, 2016

ELEVENTH SCHEDULE

(Section 141 (2) (b))

Fees and Miscellaneous Charges

No. Fees Miscellaneous Charges

1. Cattle pounds

2. Conservancy

3. Slaughter House

4. Market Dues

5. Market Stalls and Stores

6. Lorry Park Dues

7. Advertisements

8. Trading Kiosks

9. Restoration of

Conservancy Services

10. Public Cemetries and

Burial Grounds

11. Bread Confectioneries

12. Chop Bars

13. Corn Mills

14. Dressing Stations

121

Local Governance Act, 2016 Act 936

TWELFTH SCHEDULE

(Section 142)

Taxes on Income

1. Spare parts dealers

2. Chemical sellers

3. Tailors and dressmakers

4. Sandcrete block manufacturers

5. Musical spinners

6. Radio and television repairers

7. Gold and silver smiths

8. Drinking bar operators

9. Professional photographers

10. Chop bar keepers and cooked food sellers

11. Butchers

12. Refrigeration and air-conditioning workshop owners

13. Hairdressers

14. Garage owners

15. Video operators

16. Cornmill owners

17. Co-operative distillers

18. Scrap dealers

19. Livestock breeders and traders

20. Traders

21. Liquor sellers

122

Act 936 Local Governance Act, 2016

THIRTEENTH SCHEDULE

(Section 196)

Departments of the Regional Co-ordinating Council

1. Department of Social Protection

2. Department of Community Development

3. Department of Town and Country Planning

4. Public Works Department

5. Department of Parks and Gardens

6. Department of Housing

7. National Board for Small-Scale Industries

8. Registry of Births and Deaths

9. Controller and Accountant-General’s Department

10. Department of Feeder Roads

11. Department of Urban Roads

12. Veterinary Services Department

13. Department of Agriculture

14. Department of Agricultural Engineering

15. National Sports Authority

16. National Youth Authority

17. Education Service

18. Ghana Library Authority

19. Health Service

20. Statistical Service

21. Department of Children

22. Department of Women

123

Local Governance Act, 2016 Act 936

FOURTEENTH SCHEDULE

(Section 233)

Consequential Amendments

Column 1(Enactment) Column 2 (How affected)

1. National Development

Planning (System) Act,

1994 (Act 480)

2. Internal Audit Agency Act,

2003 (Act 658)

3. Electronic Communications

Act, 2008 (Act 755)

4. Registration of Births

and Deaths Act, 1965

(Act 301)

Act 480 is amended by the repeal of sections 2 to

9 and section 20.

Act 658 is amended

Act 755 is amended by the repeal of subsection

(1) of section 95.

Act 301 is amended

(a) by the repeal of subsections (6) and

(7) of section 16; and

(b) by the deletion of “and MMDAs” in

subsection (3) of section 20.

(a) in section 41 by the substitution for the

definition for

(i) “district” of “”district” includes the

area of authority of a District

Assembly;”;

(ii) “Registrar” of “”Registrar” includes

the Registrar of births and deaths,

an assistant registrar, registration

officers, district registrars, assistant

district registrars, an officer of the

District Assembly designated for the

purpose by the District Chief Executive;”;

and

(b) by the substitution for section 44 of

“Application of Act 44. This Act, so far as it

relates to the registration of births, foetal

deaths and deaths, shall apply to

(a) the districts that the Minister may,

by legislative instrument, specify;

and

(b) the area of authority of every

District Assembly which shall for

the purpose of this Act be

deemed to have been specified

by the Minister by legislative instrument

made under this section.”.

124

Act 936 Local Governance Act, 2016

GPCL, ASSEMBLY PRESS, ACCRA. GPCL/A901/1,500/12/2016

Website: www.ghpublishingcompany.com E-mail: info@ghpublishingcompany.com

Date of Gazette notification: 20th December, 2016.

Date Created : 10/25/2022 12:00:00 AM

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