LOCAL GOVERNANCE ACT, 2016 (Act 936) SS 110-214

110. Power of entry

(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.

111. Immunity of officers from liability

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
112. Emergency and disaster relief services

A District Assembly may provide emergency, disaster prevention and relief services in addition to any powers conferred by another enactment.

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

(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.

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

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.

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

The designated agencies shall do what is reasonably necessary in a district to deal with an emergency, prevent a disaster or provide relief services.

116. Provision of fire services

A District Assembly shall exercise the powers in sections 112 to 115 where the emergency relates to the provision of fire services.

 

117. Power of entry of premises in case of fire

(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;

(c) enter any land or premises

(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.

118. Control of traffic

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.

119. Penalty for obstruction

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.

120. Penalty for false alarms

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 twenty-five 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.

121. Enquiries by Committee into origin of fire

(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
122. District budget

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.

123. Submission of budget estimates

(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. Revenue of District Assemblies

(1) The revenues of a District Assembly comprise

(a) decentralised transfers;

(b) internally generated funds; and

(c) donations and grants.

(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

(c) any other revenue transferred from the central Government to the District Assembly.

(3) Internally generated funds comprise funds from the following sources:

(a) licences;

(b) fees and miscellaneous charges;

(c) taxes;

(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.

(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
125. Establishment of the District Assemblies Common Fund

(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.

(3) The allocation made by Parliament shall be paid into the Common Fund in quarterly instalments.

(4) The moneys that accrue to the Common Fund shall be distributed among the District Assemblies on the basis of a formula approved by Parliament.

(5) 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.

126. Parliament to make allocations to District Assemblies for development

(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.

127. Appointment of District Assemblies Common Fund Administrator

(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.

128. Vacancy and removal of the Administrator

(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

(c) dies

(2) The President acting in consultation with the Council of State may remove the Administrator from office for a just cause.

129. Functions of the Administrator

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;

(c) report in writing to Parliament on how allocations made 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.

130. Investment of moneys in the Common Fund

(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).

131. Staff of the Common Fund

(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.

132. Expenses of the Common Fund

(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.

133. Accounts and audit

(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.

134. Annual report

(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.

135. Complaints

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.

136. Grants-in-aid and other decentralised transfers

Nothing shall prohibit the Government or any other body from making grants in-aid or transferring other resources to a District Assembly.

Licences
137. Charges for licences

(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.

138. Licensing of vehicles

(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.

139. Entertainment licences

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.

140. Provisions as to licences generally

(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.

(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;

(c) lends or borrows a licence; or

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

Fees and Miscellaneous Charges
141. Power to charge fees

(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

(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
142. Taxes

(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.

143. Investment income

(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
144. Rating authority

A District Assembly shall be the only authority to levy rates for a district despite any customary law to the contrary.

145. Duty to levy sufficient rates

(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.

146. Method of rating

(1) A District Assembly shall levy general or special rates for the amount considered necessary to raise sufficient funds to meet expenditure.

(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

(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.

 

147. Levying of rate

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.

148. Date and place of payment of rate

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.

149. Exemptions from and remission of rates

(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;

(c) charitable or public educational institutions registered with 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 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.

150. Minister to issue guidelines

The Minister may issue guidelines for the levying of rates.

151. Claim for amount of rate

(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 District Assembly shall be evidence at first instance of the rate and of the matters stated in them.

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

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.

152. Rate Assessment Committee

(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.

154. Notice where general or special rate not paid

(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.

155. Notice of mortgage in respect of rateable premises

(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 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.

156. Proceedings in case of non-payment of rates

(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.

157. Agreement between landlord and tenant

An agreement between a landlord and tenant shall not derogate from any obligation with respect to the enforcement of rate by a District Assembly.

158. Penalty for refusal to pay rates and wilful misrepresentation

(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 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.

159. Penalty for inciting a person not to pay rates

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.

160. Penalty for unauthorised collection of rates

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.

161. Rate payers and rate collectors

(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;

(c) pay the amounts collected to the District Assembly concerned; and

(d) report any person who has failed to pay the amount due to the District Assembly concerned.

162. Penalty in respect of offences by rate collectors

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,

(c) renders false returns, whether orally or in writing, or

(d) wilfully fails to carry out a duty imposed as a rate collector 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.

163. Proceedings for rates

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.

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

(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.

165. Employers to deduct rates from employees’ remuneration

(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.

(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

(c) the instalments as may be prescribed by the Regulations.

(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;

(c) an employee in respect of whom a rating authority has 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.

166. Rating authority to appoint agent for collection of rates

(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.

(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.

167. Set-off and refund

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.

168. Penalty

(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.

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

(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,

(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

(c) wilfully obstructs any authorised person in the performance 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
170. Expenditure

(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.

171. Writing off of irrecoverable arrears of revenue

(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) District Assembly shall inform the Minister in writing of the total sum written off and the reasons for doing so.

Other Financial Matters
172. Keeping of accounts and publication of annual statement of accounts

(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

(b) the report on the accounts and statements made by the Auditor-General, three months after the end of the financial year to which the accounts relate or the receipt of the Auditor-General’s report.

173. Power of Minister to give financial instructions

(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.

174. Access to records of District Assemblies

(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
175. Internal audit

(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).

(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;

(c) shall make observations necessary as to the conduct of the 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
176. Auditor-General to audit accounts of District Assemblies

(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 statement.

(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.

(6) The Audit Report Implementation Committee of a District Assembly is responsible for the implementation of the recommendations of the Auditor-General.

177. Auditor-General may disallow or surcharge

(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

(c) the amount of any loss or deficiency upon any person by 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.

178. Recovery of sums certified to be due

(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.

(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.

179. Suspension pending appeal

(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.

180. Application of provisions on audit

The provisions on audit shall be applicable in so far as the context admits.

PART SEVEN - BY-LAWS
By-Laws and Model By-Laws
181. District Assembly to make by-laws

(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;

(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

(c) make provision for the payment of such fees or charges as 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.

182. Validity of by-laws

(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; or

(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

(5) By-laws may be sold to the public at a price to be determined by the District Assembly.

183. Model by-laws

(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.

(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.

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

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.

185. Evidence of by-laws

(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
186. Establishment of Regional Co-ordinating Councils

There is established for each region a Regional Co-ordinating Council in accordance with Article 255 of the Constitution.

187. Composition of Regional Co-ordinating Councils

(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;

(c) two chiefs from the Regional House of Chiefs; and

(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.

(3) The Regional Co-ordinating Director is the secretary to the Regional Co-ordinating Council.

188. Functions of Regional Co-ordinating Councils

(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

(c) review and co-ordinate public services generally in the region.

(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;

(c) the resolution of any conflicts between a District Assembly 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.

189. Development Planning functions of Regional Co-ordinating Councils

(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;

(c) monitor and evaluate the implementation of the 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.

190. Planning functions of Regional Planning Co-ordinating Unit

(1) 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.

191. Meetings of Regional Co-ordinating Councils

(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.

(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.

192. Office of the Regional Co-ordinating Council

(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.

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

The Office of the Regional Co-ordinating Council is responsible for assisting the Regional Co-ordinating Council in the performance of its functions.

194. Regional Co-ordinating Director

(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;

(b) is responsible for the co-ordination of the activities of the Departments of the Regional Co-ordinating Council; and

(c) has the status and rank of a Chief Director in the Civil 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.

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

(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.

196. Departments of the Regional Co-ordinating Council

(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.

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

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

(c) shall provide quarterly reports on their co-ordination, 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.

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

(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 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.

199. Funds of the Regional Co-ordinating Council

(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.

200. Regional budget

(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.

201. Regional Minister

(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

(c) perform any other functions delegated by the President.

(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.

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

(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

(c) is responsible for submitting to the President, periodic 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.

203. Regional management

(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.

(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
204. Establishment of Inter-Ministerial Co-ordinating Committee on Decentralisation

(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;

(c) the Minister for Finance;

(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.

(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.

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

The Inter-Ministerial Co-ordinating Committee is responsible for the inter-sectoral policy coordination of decentralisation and for the decentralised local governance system.

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

(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,

(c) the Chief Director of the Ministry of Finance,

(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.

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

(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.

(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
208. Power of District Assembly to acquire land

(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.

209. Development charges on serviced land

(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
210. Notice of suit to be served on District Assembly

(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.

211. Mode of service on District Assembly

(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.

212. Description of property

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.

213. Power of entry

(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.

214. Publication of notices

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.

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