IN THE FOURTH SESSION OF THE SEVENTH PARLIAMENT
OF THE FOURTH REPUBLIC OF GHANA
ORDER PAPER
FOR THE TWELFTH SITTING OF THE THIRD
MEETING OF PARLIAMENT
FRIDAY, 22RD OCTOBER, 2020
BEFORE THE COMMENCEMENT OF PUBLIC BUSINESS
1. PRAYERS
2. CORRECTION OF VOTES AND PROCEEDINGS AND OFFICIAL REPORT
3. STATEMENTS
4. AT THE COMMENCEMENT OF PUBLIC BUSINESS
AT THE COMMENCEMENT OF PUBLIC BUSINESS
5. PRESENTATION OF PAPERS
The following Paper to be presented:
By the Chairman of the Committee
Report of the Committee on Constitutional, Legal and Parliamentary Affairs on the Plant Variety Protection Bill, 2020.
6. REAL ESTATE AGENCY BILL, 2020
- At the Consideration Stage
i. New Clause – Amendment proposed – Add the following new
clause after clause 29:
“Suspension of a license
30. (1) The Council may suspend the licence of a real estate broker or real estate agent, where the Council determines that the real estate broker or real estate agent in the performance of a function authorised by the licence
(a) fails to use the real estate forms required for the transaction;
(b) accepts cash in payment for the transaction;
(c) fails, within reasonable time which shall not exceed one month, to pay out money received into a client account, to the client;
(d) pays a commission or fees, or divided commission or fees to a person who is not a licensed real estate broker or real estate agent; or
(e) fails to give a copy of the sale and purchase agreement to both the seller and purchaser of real estate.
(2) The Council shall only suspend the licence, if the Council
(a) gives at least ten days’ notice to the real estate broker or real estate agent whose licence the Council intends to suspend;
(b) states in the notice the grounds of the suspension;
(c) serves on the real estate broker or real estate agent a copy of any complaint or charges which the Council proposes to consider; and
(d) gives the real estate broker or real estate agent, the opportunity to
(i) be heard and be represented by a lawyer,
(ii) examine and cross-examine witnesses and present documents and other evidence in support of the case of that Real estate broker or Agent.
(3) The Council shall suspend the licence of a broker or an real estate agent who after being given notice, fails to take the required remedial action within the specified time”
(Chairman of the Committee)
Debate to continue
ii. Clause 30 – Amendment proposed – Delete and insert the
following:
“Revocation of license
31. (1) Except as otherwise provided in this Act, the Council shall revoke the real estate broker licence of a company, society, association or partnership, if that company, society, association or partnership ceases to have a licensed real estate broker as the designated officer or broker of that company, society, association or partnership.
(2) The Council shall revoke the licence of a real estate broker or real estate agent if the Council determines that the licence was obtained by fraud.
(3) Without limiting subsections (1) and (2), the Council may revoke the licence of a real estate broker or real estate agent
(a) where the agreement entered into by that real estate broker or real estate agent in relation to the licence of that real estate broker or real estate agent ceases to be effective;
(b) if that broker or agent is convicted by a court of competent jurisdiction for a serious offence; or
(c) if in the performance of a function authorised by the licence, the real estate broker or real estate agent
(i) knowingly makes a fraudulent misrepresentation;
(ii) acts in the dual capacity of broker and undisclosed principal in the same transaction;
(iii) acts for more than one party in the same transaction without the knowledge and consent of the parties that the licensee represented in the transaction;
(iv) accepts, gives or charges an undisclosed commission, rebate or profit on expenditures from a principal;
(v) commingles the money or other property of a property owner with those of the licensee;
(vi) fails to disclose information on a property which is the subject matter of a transaction; or
(vii) accepts from a prospective seller a net listing.”
(Chairman of the Committee)
iii. Clause 31 – Amendment proposed – Subclause (1),
paragraph (b), delete and insert the following:
“two licensed real estate practitioners, one of whom is a lawyer with not less than five years at the Bar”
(Chairman of the Committee)
iv. Clause 31 – Amendment proposed – Subclause (4),
opening phrase, line 1, before “simple”, insert “a”
(Chairman of the Committee)
v. Clause 31 – Amendment proposed – Subclause (4),
paragraph (a), lines 1 and 2, delete “including a determination of each issue of fact or law”
(Chairman of the Committee)
vi. Clause 31 – Amendment proposed – Subclause (4), after
“Committee”, insert “that took the decision”
(Chairman of the Committee)
vii. Clause 32 – Amendment proposed – Subclause (3), line 1,
delete “or testify”
(Chairman of the Committee)
viii. Clause 33 – Amendment proposed – Subclause (3), line 3,
delete “affected licensee” and insert “aggrieved person”
(Chairman of the Committee)
ix. Clause 34 – Amendment proposed – Subclauses (1) and
(2), delete and insert the following:
“(1) Where the Board approves the decisions of the Appeals Committee, the Council shall implement the decision by taking the appropriate action under this Act.
(2) In addition to sub-section (1), the Council may by notice in writing require the licensee to take a remedial action specified in the notice within a specified time.”
(Chairman of the Committee)
x. Clause 34 – Amendment proposed – Subclause (3), line 1,
delete “the license of a person” and insert “or suspend a broker or an agent”
(Chairman of the Committee)
xi. Clause 35 – Amendment proposed – Subclause (1), lines 3
and 4, delete “but the agreement shall not oust the jurisdiction of the court”
(Chairman of the Committee)
xii. Clause 35 – Amendment proposed – Subclause (2), line 1,
delete “the” and insert “an”
(Chairman of the Committee)
xiii. Clause 36 – Amendment proposed – Subclause (1), line 1,
after “decision” insert “of the Appeals Committee” and in line 2, delete “one month” and insert “sixty days” and further in line 3, delete “that” and insert “the”
(Chairman of the Committee)
xiv. Clause 37 – Amendment proposed – Delete and insert the
following:
“Appointment of real estate inspectors
37. (1) Real estate inspectors shall be appointed under section 16 of this Act for the effective and efficient implementation of the functions of the Council under this Act.
(2) A real estate inspector shall be issued with a certificate of appointment with the photograph of the inspector affixed to the certificate which shall be produced whenever required in the discharge of the duties of the real estate inspector under this Act.”
(Chairman of the Committee)
xv. Clause 38 – Amendment proposed – Subclause (1), delete
and insert the following:
“(1) An officer of the Council or any other person authorised by the Council may at a reasonable time during the day for the purpose of inspection,
(a) enter the office of a Real estate broker to ensure compliance with this Act; and
(b) enter any premises which the Officer or any other person authorised by the Council has reasonable grounds to believe relates to
(i) a real estate transaction including a transaction otherwise exempt under subsection (3) of this Act;
(ii) a real estate transaction involving money laundering and terrorist financing.”
(Chairman of the Committee)
xvi. Clause 38 – Amendment proposed – Subclause (3),
opening phrase, line 2, delete “among others,”
(Chairman of the Committee)
xvii. Clause 38 – Amendment proposed – Subclause (3), add the
following new paragraph:
“(#) any other relevant information;”
(Chairman of the Committee)
xviii. Clause 39 – Amendment proposed – Subclause (2), line 3,
delete “by” and insert “to”
(Chairman of the Committee)
xix. Clause 39 – Amendment proposed – Subclause (3), line 1,
delete “at intervals of six months” and insert “on annual basis”
(Chairman of the Committee)
xx. Clause 39 – Amendment proposed – Subclause (6), add the
following new paragraph:
“(#) any other relevant institution;”
(Chairman of the Committee)
xxi. Clause 40 – Amendment proposed – Add the following new
subclause:
“(#) Where a real estate agent opens and maintains an office, the office shall be affiliated to a licensed real estate broker.”
(Chairman of the Committee)
xxii. Clause 41 – Amendment proposed – Subclause (1), line 2,
after “transactions” delete all the words up to the end of the subclause.
(Chairman of the Committee)
xxiii. Clause 41 – Amendment proposed – Subclause (2), add the
following new paragraph:
“(#) an applicant may also apply electronically for a real estate transaction form;”
(Chairman of the Committee)
xxiv. Clause 41 – Amendment proposed – Subclause (3), line 2,
delete “void” and insert “voidable”
(Chairman of the Committee)
xxv. Clause 41 – Amendment proposed – Subclause (4), line 2,
after “purchase agreements”, insert “forms”
(Chairman of the Committee)
xxvi. Clause 42 – Amendment proposed – Subclause (1), line 1,
after “A”, insert “licensed”
(Chairman of the Committee)
xxvii. Clause 42 – Amendment proposed – Subclause (2), delete
(Chairman of the Committee)
xxviii. Clause 42 – Amendment proposed – Subclause (3),
paragraph (b), line 2, delete “person other than the” and insert “different”
(Chairman of the Committee)
xxix. Clause 43 – Amendment proposed – Line 2, after
“prepare”, insert “or cause to be prepared”
(Chairman of the Committee)
xxx. Clause 45 – Amendment proposed – Delete and insert the
following:
“A real estate broker or agent shall open and operate a separate client’s account for the real estate of a client into which moneys due in relation to the real estate transactions shall be paid.”
(Chairman of the Committee)
xxxi. Clause 46 – Amendment proposed – Subclause (1), delete
and insert the following:
“A real estate transaction is not complete until the parties to the transaction are issued with a Real Estate Transaction Certificate by the Council.”
(Chairman of the Committee)
xxxii. Clause 46 – Amendment proposed – Subclause (5), add the
following new paragraph:
“(#) any other competent institution”
(Chairman of the Committee)
xxxiii. Clause 46 – Amendment proposed – Subclause (7), line 1,
delete both occurrences of “property” and insert “estate”, and in line 2, delete “void” and insert “voidable”
(Chairman of the Committee)
xxxiv. Clause 49 – Amendment proposed – Headnote, delete
“Books of”
(Chairman of the Committee)
xxxv. Clause 49 – Amendment proposed – Subclause (4), line 1,
delete “appoint” and insert “engage”, and in line 4, delete “appointment” and insert “engagement”
(Chairman of the Committee)
xxxvi. Clause 50 – Amendment proposed – Opening phrase, lines
1 and 2, delete “which contain among others, details”
(Chairman of the Committee)
xxxvii. Clause 50 – Amendment proposed – Add the following new
paragraph:
“(#) any other relevant information”
(Chairman of the Committee)
xxxviii. Clause 54 – Amendment proposed – Opening phrase, line
2, delete “for”
(Chairman of the Committee)
xxxix. Clause 55 – Amendment proposed – Line 1, after “may”,
insert “in consultation with the Financial Intelligence Centre”
(Chairman of the Committee)
xl. Clause 56 – Amendment proposed – Interpretation of
“mortgage bond”, delete
(Chairman of the Committee)
xli. Clause 56 – Amendment proposed – Add the following new
interpretation:
“‘Professional indemnity insurance cover’ means an insurance policy that covers claims by clients for mistakes or negligence committed by a broker or agent in the course of real estate agency practice”
(Chairman of the Committee)
7. INSTITUTE OF CHARTERED ACCOUNTANTS, GHANA BILL, 2020
- At the Consideration Stage
i. Clause 4 – Amendment proposed – Subclause (1),
paragraph (b), line 1, delete “First”
(Chairman of the Committee)
ii. Clause 4 – Amendment proposed – Subclause (1),
paragraph (c), delete
(Chairman of the Committee)
iii. Clause 4 – Amendment proposed – Subclause (1),
paragraph (g), line 1, delete “two” and insert “three”
(Chairman of the Committee)
iv. Clause 5 – Amendment proposed – Subclause (1), line 2,
after “only”, add “except the chairperson who shall hold office for one term only”
(Chairman of the Committee)
v. Clause 6 – Amendment proposed – Subclause (4), delete
and insert the following:
“The chairperson shall preside at meetings of the Council and in the absence of the chairperson, the Vice-President of the Institute shall preside and in the absence of both the chairperson and Vice-President of the Institute, a member of the Council elected by the members present from among their number shall preside.”
(Chairman of the Committee)
vi. Clause 13 – Amendment proposed – Paragraph (f), delete
(Chairman of the Committee)
vii. Clause 14 – Amendment proposed – Subclause (9), delete
(Chairman of the Committee)
viii. Clause 14 – Amendment proposed – Subclause (10), delete
(Chairman of the Committee)
ix. Clause 19 – Amendment proposed – Subclause (1), line 2,
at end, add “for registration”
(Chairman of the Committee)
x. Clause 23 – Amendment proposed – Subclause (1),
paragraph (e), line 1, before “Chartered”, delete “the” and insert “a”
(Chairman of the Committee)
xi. Clause 23 – Amendment proposed – Subclause (3), line 2,
delete “for a period and”
(Chairman of the Committee)
xii. Clause 24 – Amendment proposed – Subclause (2),
opening phrase, delete “The register” and insert “Registers”
(Chairman of the Committee)
xiii. Clause 24 – Amendment proposed – Subclause (5), delete
“register” and insert “registers”
(Chairman of the Committee)
xiv. Clause 26 – Amendment proposed – Subclause (3), line 2,
delete “three months” and insert “ninety days”
(Chairman of the Committee)
xv. Clause 36 – Amendment proposed – Subclause (4),
paragraph (b), subparagraph (ii), delete “its principals” and insert “the principals of the firm”
(Chairman of the Committee)
xvi. Clause 43 – Amendment proposed – Headnote, after
“Professional”, insert “indemnity”
(Chairman of the Committee)
xvii. Clause 43 – Amendment proposed – Subclause (1), line 1,
after “professional”, insert “indemnity”
(Chairman of the Committee)
xviii. Clause 43 – Amendment proposed – Subclause (2), line 1,
after “professional”, insert “indemnity”
(Chairman of the Committee)
xix. Clause 56 – Amendment proposed – Subclause (2), line 2,
delete “three months” and insert “ninety days”
(Chairman of the Committee)
xx. Clause 63 – Amendment proposed – Interpretation of
“FCA(Hons)”, delete
(Chairman of the Committee)
xxi. Fourth Schedule – Amendment proposed – Clause 2, subclause
(1), paragraph (b), line 1, delete “Vice Presidents and the four” and insert “Vice-President and the five”
(Chairman of the Committee)
xxii. Fourth Schedule – Amendment proposed – Clause 4, subclause
(4), line 2, delete “Vice Presidents” and insert “Vice-President”
(Chairman of the Committee)
xxiii. Fourth Schedule – Amendment proposed – Clause 5, subclause
(1), delete and insert the following:
“The President shall preside at all meetings of the Institute and in the absence of the President, the Vice-President shall preside.”
(Chairman of the Committee)
xxiv. Fourth Schedule – Amendment proposed – Clause 5, subclause
(2), lines 1 and 2, delete “President, the First Vice-President and the Second Vice-President” and insert “and Vice-President”
(Chairman of the Committee)
xxv. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (a), line 1, delete “First”
(Chairman of the Committee)
xxvi. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (b), delete
(Chairman of the Committee)
xxvii. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (c), delete and insert the following:
“the President and the Vice-President of the Institute shall elect two of its members to hold Office as President and Vice-President for the remainder of the term;”
(Chairman of the Committee)
xxviii. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (d), delete
(Chairman of the Committee)
xxix. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (e), delete
(Chairman of the Committee)
xxx. Fourth Schedule – Amendment proposed – Clause 10, subclause
(2), delete and insert the following:
“A Vice-President who leaves office because of the expiration of the term of office is eligible for election to the position of President.”
(Chairman of the Committee)
8. COMMITTEE SITTINGS
NOTICE OF COMMITTEE SITTINGS
COMMITTEE ON EMPLOYMENT, SOCIAL WELFARE AND STATE ENTERPRISES
Date: Friday, 23rd October 2020
Time: 9:00 a.m.
Venue: Committee Room 6W (West Wing, 6th Floor, Job 600)
Agenda: To examine the 2018/2019 Financial Statement of Ghana Cocoa Board.
COMMITTEE ON ROADS AND TRANSPORT
Date: Friday, 23rd October 2020
Time: 10:00 a.m.
Venue: Committee Room 10W (West Wing, 10th Floor, Job 600)
Agenda: To consider the Air Navigation Services Agency Bill, 2020.
