Today’s #FridayRead looks at the making of by-laws by the District Assemblies under the Local Government Act, 2016 (the “Act”)
The Act provides that a District Assembly may make by-laws for the purpose of carrying out any of its functions under the Act or any other enactment.
A by-law made by a District Assembly is required to be submitted to the Regional Co-ordinating Council (the “Council”). The Council shall ensure that the by-law is consistent with this Act or any other enactment.
Where the Council rejects the by-law, it will notify the District Assembly giving reasons for the rejection. On the other hand, when the Council approves the by-law, same shall be published and the by-law shall not have effect until it has been posted on the premises of the District Assembly and in at least one other public place within the district.
In addition, the by-law will be published in a daily newspaper of national circulation or in the Gazette.
It is worthy to note that a District Assembly is authorised to specify the following as penalty for the contravention of any of its by-laws;
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- a fine of not less than GHS 1,200.00 and not more than GHS 3,000.00 or a term of imprisonment of not less than six (6) months and not more than twelve (12) months or to both the fine and imprisonment; and
- a fine of not more than GHS 12.00 in the case of a continuing offence for each day on which the offence is continued after a written notice of the offence has been served on the offender.