(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 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.
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.
(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.
(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.
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.
(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.
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.
(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.
(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.
(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,
(c) affronts the dignity of the District Assembly, or
(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.
(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.
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
(c) sits or votes in a District Assembly after that person has 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.
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.
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.
(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 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
(c) make a voucher or other document of record relating to a 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.
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.
(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.
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.
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.
(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;
(c) to prescribe activities that may be carried out without a permit; and
(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.
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.
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;
“buildings and structures” include references to plant and machinery which are attached to and from 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;
“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;
“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.
(1) The following enactments are repealed:
(a) District Assemblies Common Fund Act, 1993 (Act 455);
(b) Local Government Act, 1993 (Act 462); and
(c) Local Government Service Act, 2003 (Act 656).
(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.
(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.
- Births and Deaths Registry
- Community Development
- Horticulture and Landscape Designing
- Public Works
- Social Welfare
- Town and Country Planning
(Sections 78 (1), (4) and 198 (4))
Existing Departments under District, Municipal and Metropolitan Assemblies
|Metropolitan Assembly||Municipal Assembly||District Assembly|
|1. Central Administration Department||1. Central Administration Department||1. Central Administration Department|
|2. Finance Department||2. Finance Department||2. Finance Department|
|3. Education, Youth and Sports Department||3. Education, Youth and Sports Department||3. Education, Youth and Sports Department|
|4. Metropolitan Health Department||4. Municipal Health Department||4. District Health Department|
|5. Agriculture Department||5. Agriculture Department 5||5.Agriculture Department|
|6. Physical Planning Department||6. Physical Planning Department||6. Physical Planning Department|
|7. Social Welfare and Community Development Department||7. Social Protection and Community Development Department||7. Social Welfare and Community Development Department|
|8. Works Department||8. Works Department||8. Works Department|
|9. Trade and Industry Department||9. Trade and Industry Department||9. Trade and Industry Department|
|10. Natural Resources Conservation, Forestry and Game and Wildlife Department||10. Natural Resources Conservation, Forestry and Game and Wildlife Department||10. Natural Resources Conservation, Forestry and Game and Wildlife Department|
|11. Disaster Prevention Department||11. Disaster Prevention Department||11. Disaster Prevention 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|
(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. Veterinary Services Division|
|1. Fisheries Department
2. Health Department
|3. Agriculture Department
|3. National Board for Small-Scale||4. Department of Trade and Industry
(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
|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|
(Section 104 (1) (e))
Matters for Building By-Laws
- The making and maintenance of streets for the purpose of giving access to premises.
- The amount of space surrounding new buildings and buildings which are to be extended or altered, so as to ensure free circulation of air.
- Building lines and the layout of buildings.
- The level of the ground floor of buildings.
- The lighting and ventilation of buildings, the height of buildings and the dimensions of rooms and corridors.
- Reducing the risk of fire in buildings and ensuring sufficient means of exit from new buildings in the event of fire.
- 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.
- The repair and renovation of buildings and other structures, and compelling necessary repairs and renovations to buildings and other structures, to be carried out.
- 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.
- The construction of hoardings and similar structures and buildings.
- 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.
- The conditions to be satisfied by a site for any building or for any class of buildings.
- Sanitary arrangements and conveniences of, or in connection with new buildings.
- 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.
- The designation of streets as shopping streets or business streets, and prescribing special requirements to be satisfied in respect of buildings constructed in them.
- The drainage of streets, lands, compounds and new buildings.
- The levels, width and construction of streets.
- The construction of wells.
- 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.
- 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.
- 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.
- Prescribing the forms to be used.
- Prescribing the fees to be paid in respect of any matter or thing prescribed by by-laws.
- The removal or alteration of any obstruction or projection likely to cause danger or inconvenience to persons using any street.
- The giving of notices.
- 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.
- 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.
Section 106 (3))
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
- Give adequate particulars of offending building, structure or work.
- Specify the by-law or condition of permit contravened.
- 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.
Services, Organisations and Departments to Implement Response Plan and By-
- Ghana National Fire Service
- Ghana Police Service
- National Disaster Management Organisation
- Department of Social Welfare and Community Development
(Section 137 (2))
- Dog licences
- Hawkers licence
- Extension of Hours licence
- Hotels and Restaurants licences
- Beer and Wine Sellers licences
- Petroleum Installations licences
- Palm-wine Sellers licences
- Akpeteshie Distillers or Sellers licences
- Herbalists licences
- Taxi Cabs licences
- Lorry Park Overseers licences
- Taxi Drivers licences
- Self-employed Artisans licences
- Fishing Tolls licences
- Births and Deaths licences
- Electronic Communication Servers and Providers licences
- Licence for any other locally brewed beverage
(Section 138 (1))
Vehicle Licences - Description of Vehicle
- 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.
- 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.
- Concerts, musical or theatrical performances
- Video shows
- 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.
(Section 141 (2) (b))
|5.||Market Stalls and Stores|
|5.||Lorry Park Dues|
|8.||Restoration of Conservancy Services|
|9.||Public Cemeteries and Burial Grounds|
Taxes on Income
- Spare parts dealers
- Chemical sellers
- Tailors and dressmakers
- Sandcrete block manufacturers
- Musical spinners
- Radio and television repairers
- Gold and silver smiths
- Drinking bar operators
- Professional photographers
- Chop bar keepers and cooked food sellers
- Refrigeration and air-conditioning workshop owners
- Garage owners
- Video operators
- Cornmill owners
- Co-operative distillers
- Scrap dealers
- Livestock breeders and traders
- Liquor sellers
Departments of the Regional Co-ordinating Council
- Department of Social Protection
- Department of Community Development
- Department of Town and Country Planning
- Public Works Department
- Department of Parks and Gardens
- Department of Housing
- National Board for Small-Scale Industries
- Registry of Births and Deaths
- Controller and Accountant-General’s Department
- Department of Feeder Roads
- Department of Urban Roads
- Veterinary Services Department
- Department of Agriculture
- Department of Agricultural Engineering
- National Sports Authority
- National Youth Authority
- Education Service
- Ghana Library Authority
- Health Service
- Statistical Service
- Department of Children
- Department of Women
|Column 1(Enactment)||Column 2 (How affected)|
|1. National Development Planning (System) Act, 1994 (Act 480)||Act 480 is amended by the repeal of sections 2 to 9 and section 20.
|2. Internal Audit Agency Act, 2003 (Act 658)||Act 658 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.
|3. Electronic Communications Act, 2008 (Act 755)
|Act 755 is amended by the repeal of subsection
(1) of section 95.
|4. Registration of Births and Deaths Act, 1965 (Act 301)||Act 301 is amended
(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.”.