Indexed passage in the Constitution of Ghana

LANDS AND NATURAL RESOURCES Public Lands 257. PUBLIC LANDS AND OTHER PUBLIC PROPERTY. (1) All public lands in Ghana shall be vested in th e President on behalf of, and in trust for, the people of Ghana. (2) For the purposes of this article, and subject t o clause (3) of this article, “public lands” includes any land which, immediately before the com ing into force of this Constitution, was vested in the Government of Ghana on behalf of, and in trust for, the people of Ghana for the public service of Ghana, and any other land acquire d in the public interest, for the purposes of the Government of Ghana before, on or after that da te. (3) For the avoidance of doubt, it is hereby declar ed that all lands in the Northern, Upper East and Upper West Regions of Ghana which immediately b efore the coming into force of this Constitution were vested in the Government of Ghana are not public lands within the meaning of clauses (1) and (2) of this article. (4) Subject to the provisions of this Constitution, all lands referred to in clause (3) of this article shall vest in any person who was the owner of the land before the vesting, or in the appropriate skin without further assurance than thi s clause. (5) Clauses (3) and (4) of this article shall be wi thout prejudice to the vesting by the Government in itself of any land which is required in the public interest for public purposes. (6) Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive econo mic zone and any area covered by the territorial sea or continental shelf is the propert y of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana. Lands Commission 258. LANDS COMMISSION. (1) There shall be established a Lands Commission w hich shall, in co-ordination with the relevant public agencies and governmental bodies, p erform the following functions— (a) on behalf of the Government, manage public land s and any lands vested in the President by this Constitution or by any other law or any lan ds vested in the Commission; (b) advise the Government, local authorities and tr aditional authorities on the policy framework for the development of particular areas o f Ghana to ensure that the development of individual pieces of land is co-ordinated with the relevant development plan for the area concerned; (c) formulate and submit to Government recommendati ons on national policy with respect to land use and capability; (d) advise on, and assist in the execution of, a co mprehensive programme for the registration of title to land throughout Ghana; (e) perform such other functions as the Minister re sponsible for lands and natural resources may assign to the Commission; (2) The Minister responsible for lands and natural resources may, with the approval of the President, give general directions in writing to th e Lands Commission on matters of policy in respect of the functions of the Commission and the Commission shall comply with the directions. 259. MEMBERSHIP OF COMMISSION. The Lands Commission shall consist of the following persons appointed by the President under article 70 of this Constitution— (a) a chairman, who is neither a Minister of State nor a Deputy Minister; (b) one representative each of the following bodies nominated in each case by the body concerned— (i) the National House of Chiefs; (ii) the Ghana Bar Association; (iii) the Ghana Institution of Surveyors; (iv) each Regional Lands Commission; (v) the Department responsible for town and country planning; (vi) the National Association of Farmers and Fisher men; (vii) the Environmental Protection Council; and (viii) the Ministry responsible for Lands and Natur al Resources; and (c) the Chief Administrator of the Lands Commission who shall be the Executive Secretary. 260. REGIONAL LANDS COMMISSION. (1) The Lands Commission shall have a branch in eac h region to be known as a Regional Lands Commission for the performance of the functio ns specified in article 258 of this Constitution in respect of the region. (2) The activities of all the Regional Lands Commis sions shall be co-ordinated by the Lands Commission. 261. MEMBERSHIP OF REGIONAL LANDS COMMISSION. A Regional Lands Commission shall consist of the fo llowing persons appointed by the Minister responsible for lands and natural resource s— (a) a chairman who is neither a Minister of State n or a Deputy Minister; (b) a representative each of the following bodies i n each case nominated by the body concerned— (i) the Regional House of Chiefs; (ii) each District Assembly within the region; and (iii) the Department responsible for town and count ry planning; (c) a nominee of the Ghana Bar Association practisi ng in the region; (d) a nominee of the Ghana Institution of Surveyors practising in the region; (e) the National Association of Farmers and Fisherm en; and (f) the Regional Lands Officer. 262. REGIONAL LANDS OFFICER. (1) Each Regional Lands Commission shall have a Reg ional Lands Officer. (2) The Regional Lands Officer shall be a Member of and Secretary to the Regional Lands Commission. 263. QUALIFICATIONS OF MEMBERS. A person shall not be qualified for appointment as a member of the Lands Commission or of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer unless he is qualified to be a member of Pa rliament, except that for the avoidance of doubt, a person shall not be disqualified to be a m ember under this article by reason only of his being a public officer. 264. TENURE OF OFFICE OF MEMBERS OF COMMISSION. (1) The Chairman and members of the Lands Commissio n, and also, the Chairman and members of a Regional Lands Commission other than t he Executive Secretary and the Regional Lands Officer shall hold office for four y ears and may be eligible for re- appointment. (2) The office of the Chairman or a member of the L ands Commission or of a Regional Lands Commission other than the Executive Secretary and t he Regional Lands Officer shall become vacant if— (a) he ceases to hold office under clause (1) of th is article; (b) any circumstance arises that would cause him to be disqualified for appointment under