land form no. 1-71.regulations

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THE UNITED REPUBLIC OF TANZANIA_______________

THE LAND ACT, 1999(ACT NO. 4 OF 1999)

THE LAND REGULATIONS 2001

SUBSIDIARY LEGISLATION(Supp. No. 16 of 4th May, 2001)

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GOVERNMENT NOTICE No. 71 published on 4/5/2001

THE LAND ACT(NO. 4 OF 1999)

__________

THE LAND (FORMS) REGULATIONS 2001

______________

(Made under Section 179)______________

1. These Regulations may be cited as the Land (Forms) Regulations, 2001.

Citation

2. These Regulations unless the context otherwise requires-

“land register” means a land register prescribed under the Act and includes the land register established under the Land Regulation Ordinance;*

“Minister” means the Minister responsible for lands;

“Registrar” has the meaning ascribed to it by the Land Act.

Interpretation

3. The Forms set out in the First Schedule shall be forms, which shall be used in all matters to which they refer.

Forms to be used in connection with the Act and the Regulations

4. The forms contained in the Schedule may with the approval of the Commissioner, Registrar or authorized officer, be modified, adopted or altered in expression to suit the circumstances of each case; and any variation from such form not being a matter of substance shall not affect the validity or regularity of the form.

Variation of Forms

5. All forms intended for registration, entry, or filing in the land register, shall be on paper of durable quality.

Quality of paper

* Possibly “Land Registration Ordinance, Cap. 334” - LAA

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__________

SCHEDULE__________

FORMS

(A) MANAGEMENT AND ADMINISTRATION

Form 1 – Designation of land for investment purposes

Form 2 – Notice of intention to Declare Hazardous Land

Form 3 – Notice of Declaration of Hazardous Land Form 4 – Notice to a person in unlawful occupation

Form 5 – Order to remove obstruction or encroachment on public right of way

Form 6 – Warning letter

Form 7 – Notice to impose payment of a fine

Form 8 – Notice to pay rent

Form 9 – Notice to pay fine

Form 10 - Notice to remedy breach of condition

Form 11 - Notice to revocation

Form 12 - Revocation

Form 13 - Notice to pay money owned to Government by previous occupier

Form 14 - Notice to abandonment

Form 15 - Declaration of abandonment

Form 16 - Application for certificate of validation

Form 17 - Certificate of validation

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Form 18 - Declaration of interest

(B) GRANTED RIGHT OF OCCUPATION

Form 19 - Application for a right of occupancy

Form 20 - Letter of Offer

Form 21 - Letter of Offer

Form 22 - Certificate of Occupancy Form 23 - Certificate of Occupancy

Form 24 - Renewal of right of occupancy

Form 25 - Notice requiring holders of customary right of occupancy to move

Form 26 - Application for registration of offer of right of occupancy

Form 27 - Application for a change/variation of conditions

Form 28 - Approval of change/variation of conditions of right of occupancy

Form 29 - Notification of a disposition

Form 30 - Application for approval of disposition(s)

Form 31 - Notice not to proceed with a disposition

Form 32 - Notice Requiring Compliance of Disposition

Form 33 - Certificate of approval of disposition

Form 34 - Application for reconsideration of approval for a disposition

Form 35 - Transfer of a right of occupancy

Form 36 - Deed of surrender of a right of occupancy

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Form 37 - Deed of exchange

Form 38 - Contract for disposition of a right of occupancy

Form 39 - Register of application of rights of occupancy

(C) MORTGAGE

Form 40 - Mortgage of a right of occupancy

Form 41 - Mortgage of a lease

Form 42 - Small Mortgage of a right of occupancy

Form 43 - Small mortgage of a lease

Form 44 - Discharge of a mortgage

Form 45 - Notice to pay or perform or observe covenant(s) in the mortgage

Form 46 - Notice of intention to appoint a receiver

Form 47 - Notice of intention to grant lease of mortgaged land

Form 48 - Notice of intention to enter into possession of the mortgaged land

Form 49 - Notice to take possession of the mortgaged land

Form 50 - Notice of withdrawal of possession of mortgaged land

Form 51 - Notice of intention to sell mortgaged land

Form 52 - Power to sale of mortgaged land

Form 53 - Notice of application for authority to exercise remedies under a small mortgage

Form 54 - Contract of mortgage

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(D) LEASES

Form 55 - Contract of a Lease

Form 56 - Derivative Right

Form 57 - Notice of intention to terminate lease

(E) EASEMENTS

Form 58 - Grant of an easement

Form 59 - Application for Cancellation of an Easement

Form 60 - Cancellation of an easement

(F) CO-OCCUPANCY

Form 61 - Instrument of Severance

Form 62 - Application for Partition

Form 63 - Application for Partition

Form 64 - Application for Partition by Court Order

Form 65 - Application for copy of a Certificate of Occupancy

(G) MISCELLANEOUS

Form 66 - Application for a way leave

Form 67 - Application for a communal right of way

Form 68 - Application for enter an injunction in the land register

Form 69 - Notice to land occupier to apply for compensation

Form 70 - Application for compensation by land

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occupier

Form 71 - Application for reorganize/wind up a land sharing arrangement

Form 72 - Adjudication record

Dar es Salaam3rd May, 2001

G.A. CheyoMinister for Lands and Human

Settlement Development

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Land Form No. 1THE UNITED REPUBLIC OF TANZANIA

THE LAND ACT, 1999(NO. 4 OF 1999)

DESIGNATION OF LAND FOR INVESTMENT PURPOSES [Under Section 20]

I,

…………………………………………………………………………………… of

…………………………………………………………………………………………..

being Commissioner for Lands, HEREBY DESIGNATE the following

land(s)for investment purposes under the Tanzania Investment Act

No. 26 of 1997.

(a) Location of the land

………………………………………………………

………………………………………………………………………………

(b) Boundaries and extend of the land

…………………………………………

………………………………………………………………………………

(c) District

……………………………………………………………………...

(d) The purpose(s)for which the land may be used

……………………………..

………………………………………………………………………………

………………………………………………………………………………

Dated at ………………………………… this ………….. day of ………………… 20…...

_________________________Commissioner for Lands

Copies served upon us:

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____________________________________________Director General of the Tanzania Investment Centre

Date: ……………………………

______________________________________Authorized Officer in Charge of the District

Date: …………………………….

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NOTICE OF INTENTION TO DECLARE HAZARDOUS LAND[Under Section 7]

I, ………………………………………… being the Minister for

………………………… …………………………………………… HEREBY GIVE

NOTICE that I intend to declare the following land to be hazardous

land.

(a) Description of land …………………………………………………………(i) C.T. No.

……………………………………………………………(ii) L.O. No.

……………………………………………………………(iii) L.D. No.

……………………………………………………………(b) Location of the land

……………………………………………………….. ………………………………………………………………………………

(c) Boundaries and extent of the said land ……………………………………... ………………………………………………………………………………………………………………………………………………………………

(d) Reasons for declaration …………………………………………………….. ………………………………………………………………………………………………………………………………………………………………

The declaration will be made after the expiration of ninety days from the date of publication of this notice in the Gazette.

Any interested person may make representations to the Commissioner for Lands within not less than thirty days after the date of service of this notice upon him.

Dated at ……………………… this ………… day of …………………… 20…………….

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____________________Minister for Lands

Served upon us:

____________________________________________District Executive/Municipal/Town/City Director

Date: ………………………..

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NOTICE OF DECLARATION OF HAZARDOUS LAND[Under Section 7]

I, ………………………………………… being the Minister …..

………………………… ……………………………………………….. HEREBY

DECLARE the following land to be hazardous land.

(e) Description of land

…………………………………………………………

(i) C.T. No.

……………………………………………………………

(ii) L.O. No.

……………………………………………………………

(iii) L.D. No.

……………………………………………………………

(f) Location of the land

………………………………………………………..

………………………………………………………………………………

(g) Boundaries and extent of the said land

……………………………………...

………………………………………………………………………………

………………………………………………………………………………

(h) Reasons for declaration

……………………………………………………..

………………………………………………………………………………

………………………………………………………………………………

This notice shall come into force thirty days after the date of its publication in the Gazette.

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Given under my hand this ………………….. day of ……………………………………….

BY COMMAND OF THE PRESIDENT

_________________________MINISTER

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NOTICE TO A PERSON IN UNLAWFUL OCCUPATION OF LAND[Under Section 175]

To: …………………………………………………………………………………………. of P.O. Box ………………………………………………………………………………… ………………………………………………………………………………………………

I HEREBY GIVE YOU NOTICE that you are in unlawful

occupation of general/served land. I hereby require you to show

cause within sixty days of the date of this notice as to why you

should not be required to vacate the land subject to the removal

of buildings and the reaping of growing crops.

If you do not within sixty days of the date of this notice show cause as to why you should not vacate the land you will be deemed to have accepted this notice and shall be under a duty to comply with it. Failure to which the provisions of section …………. Of the Land and Housing (Dispute Settlement Machinery) Act, 2001 shall apply.

Dated this …………………... day of ………………………………………. 20…………

_________________________________________Commissioner for Lands/Authorized Officer

Served upon me/us:

Name: …………………………………………………….

_________________________SignatureDate: …………………………

Name: …………………………………………………….

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_________________________SignatureDate: …………………………

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ORDER TO REMOVE OBSTRUCTION OR ENCROACHMENT ON PUBLIC RIGHT OF WAY

[Under Section 176]

Description of Land: …………C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I HEREBY ORDER you to remove the obstruction or encroachment on

the public right of way from ……………… to ………………… at

…………………. (identify the point) within (twenty one days) from the

date of this order. I intend to take necessary steps should you fail to

comply with this order.

You are at liberty to submit to me a written request for

reconsideration of this order within fourteen days of the date of this

order.

Dated this ……………………. day of …………………………………………………….

______________________________Commissioner for Lands

Served upon me/us1. ____________________________

Signature

Date: ………………………………

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2. ____________________________Signature

Date: ………………………………

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WARNING LETTER [Under Section 45]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I,

……………………………………………………………………………………………

Commissioner for Lands/Authorized Officer, of

………………………………………… HEREBY INFORM you that you are in

breach of the following condition(s) of the right of occupancy

registered under the above reference:

(1) ……………………………………………………………………………… ………………………………………………………………………………

(2) ………………………………………………………………………………………………………………………………………………………………

Further, I HEREBY WARN you that unless the said breach is

remedied, your right of occupancy shall be liable to be revoked by the

President.

Dated at …………………………… this …………… day of ……………………. 20……

________________________________________Commissioner for Lands/Authorized Officer

Served upon me/us:

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_____________________________Occupier(s)

Date: ……………………

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NOTICE TO IMPOSE PAYMENT OF A FINE [Under Section 46]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I,

……………………………………………………………………………………………


………………………………………… HEREBY REQUIRE you to show cause

as to why a fine of Tshs. ………………………. should not be imposed

upon you in respect of the breach of the following conditions:

(1)……………………………………………………………………………… ………………………………………………………………………………

(2)………………………………………………………………………………………………………………………………………………………………

You are required to respond to this notice within forty five (45) days of

the service of this notice upon you.



Served upon me/us:

_____________________________

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Occupier(s)

Date: ……………………



NOTICE TO PAY RENT [Under Section 50]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I, ……………………………………… Authorized Officer, of P.O. Box …………… …………………………… DO HEREBY require you to pay to me within fourteen (14) days from the date hereof Tshs. …………………………… being land rent/arrears of rent as shown below:

(i) Land rent for the year ………… Tshs.

……………………………………..

(ii) Arrears for the year …………… Tshs.

……………………………………..

(iii) Penalty ………………………… Tshs.

…………………………………….

Total Tshs. …………………………………….

Take further notice that if you do not comply with this notice, I shall file a copy of the said notice in the Court and it shall be deemed to be a decree passed by such Court against you.


_________________________Authorized Officer

Served upon me/us:__________________________

Occupier(s)

Date: ……………………

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Certificates:1. I, …………………………………. Hereby certify that this notice was served

at ………….. (time) and placed by me upon the Occupier.


______________________Authorized Officer

2. I hereby certificate that the amount due and owing is Tshs. ………………………………...


______________________Authorized Officer

Land Form No. 9

THE UNITED REPUBLIC OF TANZANIATHE LAND ACT, 1999

(NO. 4 OF 1999)

NOTICE TO PAY FINE [Under Section 46]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I,

……………………………………………………………………………………………


………………………………………… HEREBY REQUIRE you to pay a fine

of Tshs. ………………………. on account of breach of the following

conditions:

(1)……………………………………………………………………………… ………………………………………………………………………………

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(2)………………………………………………………………………………………………………………………………………………………………

I shall take action to enforce revocation for breach of condition if this

fine is not paid within thirty (30) days of service of this notice upon

you.



Served upon me/us:

_____________________________Occupier(s)

Date: ……………………

Land Form No. 10


(NO. 4 OF 1999)

NOTICE TO REMEDY BREACH OF CONDITION[Under Section 47]

Description of Land: ………..C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I,

……………………………………………………………………………………………

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Commissioner for Lands/Authorized Officer, being satisfied that your

breach is capable of being remedied HEREBY GIVE YOU NOTICE to

do the following conditions:

(i) ……………………………………………………………………………… ………………………………………………………………………………

(ii) ………………………………………………………………………………………………………………………………………………………………

Take further notice that I shall proceed with enforcement of the

revocation of the right of occupancy if this notice is not complied with.


______________________________Commissioner for Land

Served upon me/us:

_____________________________Occupier(s)

Date: ……………………

Land Form No. 11


(NO. 4 OF 1999)

NOTICE OF REVOCATION [Under Section 48]


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To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I,

……………………………………………………………………………………………

Commissioner for Lands/Authorized Officer, HEREBY GIVE YOU

NOTICE OF REVOCATION of the right of occupancy registered under

the above reference on the ground on non-compliance with the notice

served upon you on the ………… day of ………………. 20………… for

breach of the following condition(s) ………………….

………………………………………………………………………………………………

This notice of revocation shall take effect ninety (90) days from the

date of its service upon you.

You are hereby required to show cause why should not I recommend

to the President to revoke your right of occupancy as soon as this

notice of revocation has come into effect.


______________________________________Commissioner for Land/Authorized Officer

Served upon me/us:__________________________________

Occupier(s)Date: ……………………

__________________________________All persons having an interest in the land

Date: ………………………Copy:The Registrar

Land Form No. 12


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(NO. 4 OF 1999)

REVOCATION [Under Section 49]


To ………………………………………………………………………………………….

Minister of ………………………….. HEREBY SIGNIFY that the President

has revoked the right of occupancy registered under the above

reference for good cause/in public interest that is to say

……………………………………………………………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

Given under my hand this …………. day of ……………………………

20…………..

BY COMMAND OF THE PRESIDENT

SIGNED and DELIVERED by the above named

………………………………………………………. __________________

in my presence:- MINISTER

Signature: ……………………………………….

Postal Address: ……………………………………….

Qualification: ……………………………………….

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Land Form No. 13


(NO. 4 OF 1999)

NOTICE TO PAY MONEY OWED TO THE GOVERNMENT BY PREVIOUS OCCUPIER

[Under Section 49]

Title NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I, ……………………………………………………, Commissioner for

Lands/Authorized Officer of

…………………………………………………………………………….., HEREBY

GIVE YOU NOTICE to pay Tshs. …………………………………………….

being the amount which you owe the Government.

You are hereby warned that unless the said amount is paid to me

within fourteen (14) days of the service of this notice to you an action

will be commenced in Court against you for recovery of the said

amount as a civil debt owed to the Government.

Dated at ……………………………. this …………… day of …………………

20…….

______________________________________Commissioner for Lands/Authorized Officer

Served upon me/us

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_______________________Occupiers

Date: ………………………

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Land Form No. 14


(NO. 4 OF 1999)

NOTICE OF ABANDONMENT [Under Section 51]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………


Lands/Authorized Officer of

…………………………………………………………………………….., HEREBY

GIVE YOU NOTICE of abandonment of the land the subject of the

right of occupancy registered under the above reference:

1. Location of the Land

………………………………………………………

2. Name(s) of Occupier(s)

……………………………………………………

………………………………………………………………………………

3. Extent and boundaries of the land

…………………………………………

………………………………………………………………………………

4. Grounds for determining that the land has

been abandoned ………………..

………………………………………………………………………………

Any person claiming to have an interest in the land must show cause,

within sixty (60) days from the date of publication of this notice in the

Gazette, why the land should not be declared to be abandoned.

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20…….


Copy: Occupiers at his last known place of abode orLast known address by registered post.

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Land Form No. 15


(NO. 4 OF 1999)

DECLARATION OF ABANDONMENT[Under Section 51]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………


Lands/Authorized Officer, of …...

…………………………………………………………………………….., HEREBY

ISSUE A DECLARATION OF ABANDONMENT of the land the subject

of the right of occupancy registered under the above reference:

1. Location of the Land

………………………………………………………

2. Name(s) of Occupier(s)

……………………………………………………

………………………………………………………………………………


…………………………………………

………………………………………………………………………………

4. Grounds for determining that the land has been

abandoned ………………..

………………………………………………………………………………

…………………………………………………………………….………..

I shall commence proceedings for revocation of the above stated right

of occupancy at the date hereof.


20…….

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Copy: Occupiers at his last known place of abode orLast known address by registered post.

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Land Form No. 16


(NO. 4 OF 1999)

APPLICATION FOR CERTIFICATE OF VALIDATION[Under Section 53]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, …………………………………………………………………………………………..,

of ………………………………………………………………………………………….

………………………………………………………………………………………………

HEREBY APPLY for a certificate of validation of disposition of a right

of occupancy/an interest in land held under customary

tenure/informal tenure made on the ………… day of

………………………….. 20………..

1. Location of the land

……………………………………………………….


…………………………………………

3. Type of disposition

…………………………………………………………

4. Parties to the disposition

……………………………………………………

5. Consideration

………………………………………………………………

6. Other information/particulars

……………………………………………...

………………………………………………………………………………

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I hereby attach certified copies of documents of title in my possession

relating to the disposition.


20…….

_______________________Applicant/Occupier

Fee: ………………………..

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Land Form No. 17


(NO. 4 OF 1999)

CERTIFICATE OF VALIDATION[Under Section 53]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ……………………………………………………………………………………… Commissioner for Lands/Authorized Officer, ……………………………………………. of ……………………………………………………………………………………. HEREBY ISSUE a certificate of validation of disposition of a right of occupancy/an interest in land held under customary tenure/informal tenure made on ………… day of …………………………………….. 20……………

1. Name of Occupier ………………………………………………………….a) Postal Address

……………………………………………………..b) Physical Address

…………………………………………………… of the land ………………………………………………………… location …………………………………………………………….

2. Extent and boundaries of the land ………………………………………… ………………………………………………………………………………

3. Other information/particulars ……………………………………………… ………………………………………………………………………………

This certificate entitles the occupier to apply for and obtain a right of occupancy for a period of not less than thirty-three (33) years.


20…….

Photograph

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Served upon me/us

_______________________Occupier(s)

Date: ………………………

Land Form No. 18


(NO. 4 OF 1999)

DECLARATION OF INTEREST [Under Section 15]

I, …………………………………………………………………………………………..

of ………………………………………………………. being Commissioner for

Lands/an officer exercising functions under this Act HEREBY

DECLARE that I have an interest in respect of the following maters

……………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………


20…….

___________________________Signature

Served upon me/us

_______________________

Permanent Secretary

Date: …………………

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Or

Commissioner for Land

Date: …………………

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Land Form No. 19

TO BE IN DUPLICATE

THE UNITED REPUBLIC OF TANZANIARef. No. …………


Photo passport size

APPLICATION FOR A RIGHT OF OCCUPANCY [Under Section 25]

This Application shall be sent to the Commissioner/Authorized Officer

………………………………………

1. I/We hereby apply for the grant of a long-term right of occupancy over the

land …………………

……………………………………………………………………………………………………….

.

2. Citizenship

…………………………………………………………………………………………...

3. Purpose/use of land applied ……………………………………………………….

…………………

4. I/We hereby declare that I/We hold other land as follows:

………………………………………….

5. Other facts which are relevant to the application e.g. disability,

widow/widower orphan, guardian

……………………………………………………………………………………………………….

6. Date …………………. Name …………………………………………………….

…………………

7. Business Address …………………………………………………………………..

…………………

Residential Address

………………………………………………………………………………….

I/We declare that what is stated above is true to my/our knowledge

Signature: ………………………………… Fee …………………………………

FOR OFFICE USE………………………………………………………………………………………………………………………………………………………………………………………………………………

REF. NO. ……………………………………………………………………………………………Acknowledgement of receiptsFor Official Use Only:-

(a) Approved/Rejected ………………………..

(b) Remarks ………………………………………….. …………………………………………………………………………………………………………

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Date ………………………………….

Served upon me/us:

____________________________Signature of Applicant

Date: ………………

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Land Form No. 20


(NO. 4 OF 1999)

LETTER OF OFFER OF RIGHT OF OCCUPANCY[Under Section 27]

REF: …………………………………………

TO: …………………………………………..……………………………………………….Sir/Gentlemen/Madam,

RE: PLOT NO. ……………………………………… BLOCK …………………………………………….LOCATION ………………………………………………………………………………………………….. AREA OF THE PLOT ………………………………………………………………………………………..

Your application for a Long Term Right of Occupancy (later in this letter called “the Right”) over this plot has been approved. The terms and conditions of the Right are as follows:

1. (i) Term ………………… years …………… from

………………………………………..

(ii) Rent ………………………. per year which is revisable

(iii) User: The land shall used for

……………………………………………… as defined in the Town and

Country Planning (Use classes) Regulations, 1960 Only one main

building/dwelling house together with the usual and necessary

outbuildings shall be built. Commercial use shall not include the sale

of vehicle fuels.

(iv) (a) Building to be impermanent materials

(b) Building plans to be submitted to the …………………………….

within six months from the commencement of the Right

(c) Building construction to begin within six months after approval

of the plans

(d) Building to be completed within ………… months from the

commencement of the Right.

(v) Further you must pay fees, charges etc and refund any

contribution in lieu of

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(vi) You shall be responsible for the protection of all Beacons on

the land throughout the term of the Right. Missing Beacons will have

to be re-established at any time at your expenses as assessed by the

Director of Surveys and Mapping.

2. The following information is required by me:-

(a) Your full name(s) in block letters. Requests to have the Certificate of

Occupancy issued in the name of a person or person other than the

offeree shall not be entertained.

(b) Name of spouse(s)

(c) Your full residential address, giving the house number, name of street

and your post office box number telephone, tax (if any) and your

business address.

(d) Whether you wish to hold the Right individually or as joint occupiers

or as occupiers in common. If it is occupancy in common, indicate the

share to be taken by each of you.

3. The amount payable on acceptance of the offer is:

Premium …………………………………

Fees for Certificate of Occupancy …………………………………

Registration fees …………………………………

Survey fees …………………………………

Deed plans fees …………………………………

Stamp Duty on certificate & duplicate …………………………………

Land Rent from ………… To …… …………………………………

………………………………… …………………………………

4. The amount shown above should be paid to the Commissioner for

Lands or Authorized Officers. The original exchequer receipts so obtained

should then be sent to me with the information requested above.

5. This offer shall remain open for a period of thirty days from the date

of its receipt by you. Unless payments are made and receipts are returned to

me within thirty (30) days this offer shall lapse.

Yours faithfully,

Name: ……………………………

Signature: …………………………

COMMISSIONER FOR LANDS/AUTHORIZED OFFICER

Date: …………………….

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Copy to: The ………………………………… Land Officer/Commissioner for Lands

…………………………………

…………………………………

ACCEPTANCE:

6. I/WE ………………………………… hereby accept the offer of right of

occupancy on the terms and conditions contained HEREIN, this

………………………………… day of ………………………………… 20………….

Name(s) …………………………………

Signature/Seal …………………………………

Photo:

Fee

Official Stamp

Land Form No. 21

THE UNITED REPUBLIC OF TANZANIA


LETTER OF OFFER OF RIGHT OF OCCUPANCY[Under Section 27]

REF: …………………………………………

TO: …………………………………………..……………………………………………….Sir/Gentlemen/Madam,

RE: FARM NO. ……………………………………………………………………………………………….LOCATION ………………………………………………………………………………………………….. AREA OF THE PLOT ………………………………………………………………………………………..

Your application for a Long Term Right of Occupancy (later in this letter called “the Right”) over this plot has been approved. The terms and conditions of the Right are as follows:

1. (i) Term ………………… years …………… from

………………………………………..

(ii) Rent ………………………… a year revisable after every

ten years.

- 43 -

(iii) User: The land shall used for farming and/or livestock

keeping.

(iv) You must pay fees, charges etc and refund any

contribution in lieu of rates which may be paid by the government.

(v) You shall be responsible for the protection of all

Beacons on the land throughout the term of the Right. Missing

Beacons will have to be re-established at anytime at your expenses as

assessed by the Director of Surveys and Mapping.

2. The following information is required by me:-

(a) Your full name(s) in block letters. Requests to have the Certificate of

Occupancy issued in the name of a person or person other than the

offeree shall not be entertained.

(b) Name of spouse(s)

(c) Your full residential address, giving the house number, name of street

and your post office box number telephone, tax (if any) and your

business address.

(d) Whether you wish to hold the Right individually or as joint occupiers or as

occupiers in common. If it is occupancy in common, indicate the

share to be taken by each of you.

3. The amount payable on acceptance of the offer is:

Premium …………………………………

Fees for Certificate of Occupancy …………………………………

Registration fees …………………………………

Survey fees …………………………………

Deed plans fees …………………………………

Stamp Duty on certificate & duplicate …………………………………

Land Rent from ………… To …… …………………………………

………………………………… …………………………………

4. The amount shown above should be paid to the Commissioner for Lands or

Authorized Officers. The original exchequer receipts so obtained should then

be sent to me with the information requested above.

5. This offer shall remain open for a period of thirty days from the date of its

receipt by you. Unless payments are made and receipts are returned to me

within thirty (30) days this offer shall lapse.

Yours faithfully,

Name: ……………………………

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Signature: …………………………

COMMISSIONER FOR LANDS/AUTHORIZED OFFICER

Date: …………………….

Copy to: The ………………………………… Land Officer/Commissioner for Lands

…………………………………

…………………………………

ACCEPTANCE:

6. I/WE ………………………………… hereby accept the offer of right of occupancy

on the terms and conditions contained HEREIN, this

………………………………… day of ………………………………… 20………….

Name(s) …………………………………

Signature(s) …………………………………

Seal ………………………………… Official Stamp

Photo(s)

Fee

- 45 -

Land Form No. 22


(NO. 4 OF 1999)

CERTIFICATE OF OCCUPANCY[Under Section 29]

(To be submitted in triplicate)


The ……………………………………………. day of …………………… 20………….This is to certify that ……………………………………………………………………….. of P.O. Box ……………………………………………………………………………….. (hereinafter called “the Occupier”) is entitled to the Right of Occupancy (hereinafter called the Right) in Andover the land described in the Schedule hereto (hereinafter called “the land”) for a term of ……… years from the first day of ………………….. Two Thousand ……………………… according to the true intent and meaning of the Land Act and subject to the provisions thereof and to any regulations made thereunder and to any enactment in substitution therefor or amendment thereof and to the following special conditions:-

1. The Occupier having paid rent up to the ………… day of ……………. 20………. Shall thereafter pay rent of shillings …………………………………………. year in advance on the first day of July in every year of the term without deduction provided that the rent may be revised by the Commissioner for Lands.

2. The Occupier shall:-

(i) Be responsible for the protection of all beacons on the Land throughout the term of the Right. Missing beacons will have to be re-established at any time at the Occupier’s expenses as assessed by the Director responsible for Surveys and Mapping.

(ii) Do everything necessary to preserve the environment and protect the soil and prevent soil erosion on the land and do all things which may be required by the authorities responsible for environment and to achieve such objective.

(iii) ………………………………………………………………………………………………………………………………………………………………………….

(iv) …………………………………………………………………………………………………………………………………………………………………………

(v) ……………………………………………………………………………………(vi) ……………………………………………………………………………………

- 46 -

3. USER:………………………………………………………………………………………………………………………………………………………………………………………………

4. The Occupier(s) shall not assign the Right within three years of the date hereof without the prior approval of the Commissioner.

5. The Occupier(s) shall deliver to the Commissioner notification of disposition in prescribed form before or at the time the disposition is carried out together with the payment of all premia, taxes and dues prescribed in connection with that disposition.

6. The President may revoke the right for good cause or in public interest.

SCHEDULEAll land known as Plot No. …………… Block ………… situated at ……………………… containing …………. Square metres shown for identification only edged red on the plan attached to this certificate and defined on the registered Survey Plan Numbered ………………. Deposited at the Office of the Director for Survey and Mapping at Dar es Salaam.

Given under my hand and my official seal the day and year first above written.

SEAL

………………………………………..COMMISSIONER FOR LANDS

I/We ………………………………………………………………………………………. the within named hereby accept the terms and conditions contained in the foregoing Certificate of Occupancy.

1. SIGNED and DELIVERED by the said ……………………………………………who is known to me personally/identified to me by ………………………………… the later being known to me personally this ……… day of ……………. 20………

Witness’s ………………………………….Address ……………………………………Postal Address …………………………….Qualification ………………………………

- 47 -

2. SEALED with the COMMON SEAL of …………………………………………….and DELIVERED in the presence of us SEALthis ……… day of …………… 20………

Signature ………………………………Name ………………………………….Qualification …………………………..

Signature ………………………………Name ………………………………….Qualification …………………………..

Land Form No. 23

THE UNITED REPUBLIC OF TANZANIA


CERTIFICATE OF OCCUPANCY[Under Section 29]


The ……………………………………………. day of …………………… Two Thousand ……….

This is to certify that ……………………………………………………………………………….. (Hereinafter called “the Occupier”/”the Occupiers”) …………………………..…… is/are entitled to a Right of Occupancy (hereinafter called “the Right”) in and over the land described in the Schedule hereto. Hereinafter called “the Land”) as joint occupant/occupants in common for a term of ………… years from the ……… day of …………………… Two Thousand ……………… According to the true intent and meaning of the Land Act and subject to the provisions thereof and to regulations made thereunder and to any enactment in substitution therefor or amendment thereof and to the following conditions:-

1. The Occupier(s) having paid rent up to the thirtieth day of …………………… 20………… shall thereafter pay rent of …………………………………………… a year in advance on the first day of July in every year of the term without any deduction. PROVIDED that the rent may be revised by the Commissioner for Lands at intervals of three years.

2. The land shall be used only for farming and or livestock keeping.

- 48 -

3. The Occupier(s) shall:-(a) Demarcate the boundaries of the land to the satisfaction of

……………………….. (hereinafter called “the Authority”) and thereafter to maintain such demarcation that the boundaries are always easily identifiable;

(b) Do everything necessary to preserve the environment and protect the soil and preserve soil fertility and prevent soil erosion on the land and use the land soas not to cause soil erosion outside its boundaries and do all things which may be required by the authorities responsible for agriculture and environment to achieve such objective;

(c) Be responsible for the protection of all beacons on the land throughout the term of the Right. Missing beacons will have to be re-established at any time at the Occupier expenses as assessed by the authority responsible for Surveys and Mapping.

4. The following are the rights of the occupier:-

(a) The permanent, exclusive rights to the land the subject of the right of occupancy against all persons other than the Commissioner

(b) …………………………………………………………………………………………………………………………………………………………………………

5. The Occupier(s) shall not assign the Right with three years of the date hereof without the prior approval of the Commissioner for Lands.

6. The Occupier(s) shall deliver to the Commissioner for Lands notification of disposition in prescribed form before or at the time the disposition is cried out together with the payment of all premia taxes and dues prescribed in connection with that disposition.

7. The President may revoke the Right of Occupancy for breach of condition.

SCHEDULE

ALL that land known as …………………………………………………………………… Shown for identification only edged red on the plan attached to this Certificate and defined on registered survey plan numbered ………………… deposited at the Office of the Director for Surveys and Mapping at Dar es Salaam.

- 49 -

Given under my hand and my official seal the day and year first above written.

(SEAL)

_____________________________COMMISSIONER FOR LANDS

I/WE, ………………………………………………………… the within named HEREBY accept the terms and conditions contained in the foregoing Certificate of Occupancy.

SIGNED and DELIVERED by the said ……………………………………………

who is known to me personally this ……… day of ……………. 20…………………

Witness’s ……………………………………………………………………………Signature ……………………………………………………………………………Postal Address ………………………………………………………………………Qualification …………………………………………………………………………

SEALED with the COMMON SEAL of …………………………………………….

and DELIVERED in the presence of us this ……… day of …………… 20………

Signature ……………………………………………………………………………Name…..……………………………………………………………………………Signature ……………………………………………………………………………Qualification Director/Corporation Secretary/Trustee

Land Form No. 24


(NO. 4 OF 1999)

RENEWAL OF RIGHT OF OCCUPANCY[Under Section 32]

C.T. NO. ……………………L.O. NO. ……………………

- 50 -

L.D. NO. ……………………

To ………………………………………………………………………………………….

of P.O. Box

…………………………………………………………………………………

I ……………………………………………………………………………………………

Commissioner for Lands/Authorized Officer of

…………………………………………… HEREBY CERTIFY that the right of

occupancy registered under the above reference and which is due to

expire/expired on this …………. day of ………………………………….. is

not renewable/renewed on the same following terms and conditions

…………………….

………………………………………………………………………………………………

The right of occupancy shall expire on the ……………. day of

……………… 20…………

Dated at …………………………………… this ……….. day of …………….. 20……….

__________________________________________Commissioner for Lands/Authorized Officer

Served Upon me/us:

_________________________Occupier(s)

Date: ………………………….

Copy:Registrar

- 51 -

Land Form No. 25


(NO. 4 OF 1999)

NOTICE REQUIRING HOLDERS OF CUSTOMARY RIGHTS OF OCCUPANCY TO MOVE

_________[Under Section 34]

_________

Description of Land …………………….……………………………… …………………………………………………….

To ………………………………………………………………………………………… of P.O. Box …………………………………………………………………………………

I ……………………………………………………………………………………………. of …………………………………………………………………………………………... being Commissioner for Lands/Authorized Officer HEREBY GIVE YOU NOTICE that a right/rights of occupancy over the land you now occupy under customary law has/have been granted to ……………………………………………………………………………... ……………………………………………………………………………………………… of …………………………………………………………………………………………. for the purpose(s) of ………………………………………………………………………..

You are hereby required to move out of the said land at the expiration

of two hundred and forty (240) days from the date of service of this

notice upon you subject to the following conditions:

(a) You shall have an opportunity to reap crops sown before the date of this notice;

(b) Prompt and full compensation for loss shall be paid to you through my office;

(c) You have the right to continue to use water in the land you are vacating;

(d) Land has been set aside for you:

- 52 -

(i) Location of the land ………………………………………………... ………………………………………………………………………

(ii) The boundaries and extend of the land ……………………………... ………………………………………………………………………

Dated at ………………………………… this ……… day of …………………. 20………

_______________________________________Commissioner for Lands/Authorized Officer

Served Upon us:

_________________________District Commissioner

Date:…………………

_________________________Chairman, Village Council

Date: ……………………

_________________________Occupier

Date: ………………….

FOR OFFICIAL USE:

Approved/RefusedRemarks:

……………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

Commissioner for Lands/Authorized Officer

Date: …………………………………………

- 53 -

Served Upon me/us:

_____________________________Applicant(s)

Date: ……………………………

- 54 -

Land Form No. 26


(NO. 4 OF 1999)

APPLICATION FOR REGISTRATION OF A LETTER OF OFFER[Under Section 30]

I/WE ……………………………………………………………………………………… of ………………………………………………………………………………………… HEREBY APPLY for registration of the Letter of Offer of right of occupancy dated the ………. day of ………………… 20……… and I solemnly and sincerely declare as follows:

1. One hundred and eight days since receipt, by the Commissioner for Lands, of my acceptance of the said offer of right of occupancy expired on the ………… day of …………. 20…………….

2. The sketch plan and copy of the Letter of Offer

annexed hereto and marked ‘A” represents to the best of my

knowledge and belief the boundaries of the said land.

3. The said land is located at ………………………………………………………….

4. My/Our address for service in Tanzania …………………………………………… ………………………………………………………………………………………………………………………………………………………………………………

And I/WE made this solemn declaration conscientiously believing the

same to be true and by virtue of Oaths (Juridical Proceedings and

Statutory Declarations) Act 1966

Declared at ………………………………. this ………. day of …………………………

Before me:

(Signature) ……………………………………

- 55 -

(Qualification) ……………………………….. ………………………………SignatureApplicantFee:

…………………

Land Form No. 27


(NO. 4 OF 1999)

APPLICATION FOR CHANGE/VARIATION OF CONDITIONS[Under Section 35]


I/WE ………………………………………………. of

………………………………….

………………………………………………………………………………………………

HEREBY APPLY for CHANGE/VARIATION of the conditions of the

right of occupancy registered under the above reference.

That

………………………………………………………………………………………..

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

- 56 -

(Describe the type of change/variation)

……………………………………………………

………………………………………………………………………………………………

Date: ………………………………….

………………………...APPLICANTSIGNATURE

- 57 -

Land Form No. 28


(NO. 4 OF 1999)

Approval of change/variation of condition of a right of occupancy

[Under Section 35(4)]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, …………………………………………………. Commissioner for

Lands/Authorized Officer of P.O. Box

……………………………………………………………………….. HEREBY

APPROVE to the following change/variation of the conditions of the

right of occupancy registered under the above reference.

That ………………………………………………………………………………………

appearing in condition ……………………… of the certificate of

occupancy be deleted and replaced by

………………………………………………………………………………….

__________________________________________Commissioner for Lands/Authorised Officer

Date: ……………………….

Served Upon me/us:

__________________________Occupier(s)

Date: ………………….

- 58 -

Copy:The Registrar

- 59 -

Land Form No. 29


(NO. 4 OF 1999)NOTIFICATION OF A DISPOSITION

[Under Section 36](To be submitted in triplicate)

C.T. NO. ……………………

L.O. NO. ……………………L.D. NO. ……………………

TO COMMISSIONER FOR LANDS/AUTHORISED OFFICER

I/WE ………………………………………………………………………………………

OF P.O. BOX

……………………………………………………………………………… HEREBY

NOTIFY you of the disposition which is intended to be made in favour

of

………………………………………………………………………………………………

……………………………………… of P.O. Box…………………...

…………………… in respect of a right of occupancy registered under

the above reference.

I/WE HEREBY present the following particulars:-

1. Nature of disposition

………………………………………………………………

2. Particulars of purchaser/assignee/mortgagee/lessee

3. The following documents are enclosed

…………………………………………...

………………………………………………………………………………………

4. Other particulars

……………………………………………………………………

Date: ………………………………………………

APPLICANT(S)

- 60 -

Fee: …………

SEAL/OFFICIAL STAMP

COMMISSIONER FOR LANDS/AUTHORISED OFFICER

DATE:…………………………. PLACE ……………………………………………..

Copy:The Registrar

- 61 -

Land Form No. 30


(NO. 4 OF 1999)APPLICATION FOR APPROVAL OF DISPOSITION (S)

[Under Section 39]

C.T. NO. 45146L.O. NO162161L.D. NO.177069

We ………………………………………………………………… OF P.O. Box

25277 Dar es Salaam (hereinafter referred to as “the Applicant)

HEREBY APPLY for APPROVAL of disposition(s) of a right of

occupancy registered under the above reference on the 5th day of

December 1995 Nature of disposition- SALE (state nature of the

disposition)

1. Particulars of purchaser/assignee/mortgage (if not a prescribed

lender) …………

2. WE the Applicant(s) supply the following information and or

documentation:

a) Sale Agreement

b) Deed of Transfer

c) Notice of Disposition

Date: 16th day of December 2003

For Official Use Onlya) Approved/Refusedb) Remarks

………………………………………………………………………………


Date: ………………………………………Served upon me/us

________________________Signature of Applications

- 62 -

Date: …………………Fee: …………………

- 63 -



NOTICE NOT TO PROCEED WITH A DISPOSITION[Under Section 38]

C.T. NO. ….…………………L.O. NO. ……………………L.D. NO. ……………………

To: …………………………………………

……………………………………………..

of P.O. Box ………………………………..

……………………………………………..

Sir/Madam/Gentlemen,

Reference is made to your Notification of a Disposition dated. in

respect of the right of occupancy registered under the above

reference.

You are hereby required not to proceed with the disposition until you

have done the following:-

1. ………………………………………………………………………………………

2. ………………………………………………………………………………………

3. ………………………………………………………………………………………

4. ………………………………………………………………………………………

5. ………………………………………………………………………………………

___________________________________________________COMMISSIONER FOR LANDS/AUTHORISED OFFICER

Date: …………………………

- 64 -



NOTICE REQUIRING COMPLIANCE TO DISPOSITION[Under Section 38]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To: …………………………………………

……………………………………………..

of P.O. Box ………………………………..

……………………………………………..

Sir/Madam/Gentlemen,

It has been brought to my attention that you are about to

effect*/have effected a disposition* without a notification.

Your are hereby required not to proceed with the disposition until you

have done the following:-

1. ………………………………………………………………………………………

2. ………………………………………………………………………………………

3. ………………………………………………………………………………………

4. ………………………………………………………………………………………

5. ………………………………………………………………………………………


Date: …………………………

- 65 -



CERTIFICATE OF APPROVAL OF A DISPOSITION[Under Section 39]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ………………………………… COMMISSIONER FOR

LANDS/AUTHORISED OFFICER hereby approve the disposition of the

right of occupancy under the above reference subject to the following:

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………


Date: …………………………

To: Name: ………………………………………………………….

Address: ………………………………………………………..

Copy:The Registrar

- 66 -



APPLICATION FOR RECONSIDERATION OF APPROVAL FOR A DISPOSITION

[Under Section 40]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

TO COMMISSIONER FOR LANDS/AUTHORISED OFFICER

I/WE ……………………………………………………………………………………… of …………...……………………………………………………………………………… [hereinafter referred to as “the Applicant(s)] HEREBY REQUEST you to reconsider my/our application for approval for disposition submitted on the ……………… day of …………. 20……………… and refused on the ………….. day of ………… 20………….Further particulars/information………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Dated at ……………………………. this ………… day of ………………… 20…………

____________________________Signature of Applicant(s)

For Official Use Only(a) Approved/Refused (b) Remarks

…………………………………………………………………………… ………………………………………………………………………………………

____________________________________________Commissioner for Lands/Authorized Officer

Date: ……………………..Served upon me/us

____________________________Signature of Applicant(s)

- 67 -

Date: …………………….

Fee: ………………

Copy:Registrar

- 68 -



TRANSFER OF RIGHT OF OCCUPANCY[Under Section 62]

C.T. NO. ………………

………………………………………………………………………………………………………. IN CONSIDERATION OF NATURAL LOVE AND AFFECTION/THE SUM OF Tshs. ……………………………… I, …………………………………………………… HEREBY TRANSFER to ………………………………………………………………….. the Right of Occupancy registered under the above reference.………………………………………………………………………………………………

SIGNED and DELIVERED by the said ……………………………………………………who is known to me personally/identified to me by

………………………...…………………………………………………….

TRANSFEROR the latter being known to me personally this ……….. day of ………………. 20…………

(Witness)Signature ………………………………………Qualification………………………………………Postal Address: ………………………………………

………………………………………

SIGNED and DELIVERED by the said …………………………………………………… ……….………………………...who is known to me personally/identified to me by TRANSFEREE……………………………………………………. (Stamp Duty on Original and the latter being known to me personally duplicate paid videthis ……….. day of ………………. 20………… ERV. No. ……………………...

of ……………………………..Tshs.

…………………………...(Witness)Signature ……………………………………… Consent fees paid videQualification……………………………………… ERV No………………………..Postal Address: ……………………………………… of Tshs. ……………………….

………………………………………

- 69 -

*Where applicableIN EXERCISE THE POWERS VESTED IN ME I UNDER SECTION 37 OF THE LAND ACT 1999 ……………….. COMMISSIONER FOR LANDS/AUTHORISED OFFICER HEREBY APPROVE THIS DISPOSITION

_______________________________________Commissioner for lands/authorized officer

Date: ……………………

- 70 -



DEED OF SURRENDER OF A RIGHT OF OCCUPANCY[Under Section 43]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

1. I/WE ……………………………………………………………………………. of ……………………………………………………………… HEREBY SURRENDER the Right of Occupancy registered under the above reference ………………. to the President of the United Republic of Tanzania in consideration of natural love and affection.

2. I/WE hereby declare that:(i) the land is not subject to any subsisting mortgage; charge or

encumbrance;/the lender consents to the surrender;(ii) the land is not subject to any action in court by a lender to

process and sell the land;(iii) the land is not subject to any action by a trustee in bankruptcy;(iv) the land is not subject to an order of attachment by any court;(v) the surrender is not designed to defeat the rights of my

spouse(s).

3. My/Our co-occupier has consented in writing by singing at the bottom hereof.

4. My/our certificate of occupancy is enclosed/the lender’s consent is enclosed.

(Signature and Attestation)

Name: ………………………………….Signature: ………………………………………………Date: ………………………………………………Name:

………………………………………………Signature of Lender

………………………………………………Date: ………………………………………………Fee: ………………………………………………

I hereby accept/refuse to accept surrender of the right of occupancy registered under the above reference …………………………………………………………………………….

___________________________________________

- 71 -

Commissioner for Lands/Authorized OfficerDate: …………………………

Served upon me/us

________________________________Applicant

Date: ……………………

- 72 -



__________DEED OF EXCHANGE

[Under Section 62]C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

WE…………………………………………………………….. of P.O. Box ……………. and ……………………………………………………………. Of P.O. Box …………… …………………………………. being holders of the rights of occupancy described in the schedule HERETO EXCHANGE our respective lands.

ScheduleTITLE NO. L.O. NO. L.D. NO. DESCRIPTI

ON OF THE LAND

CURRENT OWNER

SIGNED and DELIVERED by the said ………………………………………… who is known to me personally/identified to me by ………………………………………… the latter being known to me personally in this ……… day of …………….. 20……..

Witness’s Signature: ………………………………Postal address: ………………………………Qualification: ………………………………

SIGNED and DELIVERED by the said ………………………………………… who is known to me personally/identified to me by ………………………………………… the latter being known to me personally in this ……… day of …………….. 20……..

Witness’s Signature: ………………………………

- 73 -

Postal address: ………………………………Qualification: ………………………………



__________CONTRACT FOR A DISPOSITION OF A RIGHT OF OCCUPANCY

[Under Section 64]C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I,

……………………………………………………………………………………………

of ………………………………………………………………………………………….

HEREBY AGREE to dispose to

…………………………………………………………. the right of occupancy

registered under the above reference:

1. Type of intended disposition

………………………………………………………..

2. Consideration

……………………………………………………………………….

3. Mode of payment of consideration

…………………………………………………

4. Date of execution of the deed of disposition

……………………………………….

5. Date of delivery of possession of the property and necessary

documentation ………

……………………………………………………………………………………..

6. Covenants binding upon the vendor/transferor

……………………………………

………………………………………………………………………………………

- 74 -

7. Covenants binding upon the purchaser/transferee

…………………………………

………………………………………………………………………………………

Dated at ………………………… this ……………. day of ………………..

20….

__________________________ ______________________________Signature of the Vendor Signature of the Purchaser

Witness Witness

1. Name: …………………………….1. Name

………………………

2. Signature: …………………………. 2. Signature:

…………………..

- 75 - document.docGN No. 71 of 2001

Word Processed by Law Associates Advocates

Land Form No. 39


(NO. 4 OF 1999)

REGISTER OF APPLICATION OF RIGHTS OF OCCUPANCY[Under Section 25]

S/NO APPLICANT ADDRES

STYPE OF

LAND USECOMMITTEE MEETING

DATE DECISION



Land Form No. 40


(NO. 4 OF 1999)

MORTGAGE OF A RIGHT OF OCCUPANCY[Under Section 112]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I/WE ………………………………………………………………………………………

of ………………………………………………………………………………………….

HEREBY MORTGAGE the right of occupancy registered under the

above reference to ……………………………… of

……………………………………………… to secure the

sum/overdraft/existing or a future or a contingent debt or other

money or money’s worth of shillings of

………………………………………………… (Shs. ………………) with interest

at …………. per centum per annum payable or to secure the fulfilment

of the following condition

…………………………………………………………………………

The building on the land the subject of the right of occupancy is a

matrimonial home/not a matrimonial home.

1. (Signature and attestation): ……………………………


Fee: …………………

c.c. Spouse of the borrower



Land Form No. 41


(NO. 4 OF 1999)

MORTGAGE OF A LEASE[Under Section 112]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I

……………………………………………………………………………………………

of ………………………………………………………………………………………….

HEREBY MORTGAGE the leasehold estate registered under the above

reference to ……………………………… of

……………………………………………… to secure the






…………………………………………………………………………

………………………………………………………………………………………………


2. (Signature and attestation): …………………………… Fee:

…………………



Land Form No. 42


(NO. 4 OF 1999)

SMALL MORTGAGE OF A RIGHT OF OCCUPANCY[Under Section 114]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I,..…………………………………………………………………………………………..

of ………………………………………………………………………………………….

HEREBY MORTGAGE the right of occupancy registered under the

above reference to ……………………………… of

……………………………………………… to secure the






…………………………………………………………………………

………………………………………………………………………………………………

The building on the land the subject of the small mortgage of the right

of occupancy is a matrimonial home/not a matrimonial home.



…………………

c.c. Spouse of the Borrower



Land Form No. 43


(NO. 4 OF 1999)

SMALL MORTGAGE OF A LEASE[Under Section 114]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I,..…………………………………………………………………………………………..

of ………………………………………………………………………………………….

HEREBY MORTGAGE the leasehold estate registered under the above

reference to ……………………………… of

……………………………………………… to secure the






…………………………………………………………………………

………………………………………………………………………………………………

The building on the land the subject of the small mortgage of the

lease is a matrimonial home/not a matrimonial home.



…………………

c.c. Spouse of the Borrower



Land Form No. 44


(NO. 4 OF 1999)

DISCHARGE OF MORTGAGE [Under Section 120]

C.T. NO. ……………………

L.O. NO. ……………………L.D. NO. ……………………

WE,..

………………………………………………………………………………………..

………………………………………………………………………………………………

of ………………………………………………………………………………………….

………………………………………………………………………………………………

being the mortgagor and owner/mortgagee, respectively, HEREBY

AGREE to the DISCHARGE of the mortgage registered on Field

Document Number ………………………..





Land Form No. 45


(NO. 4 OF 1999)

NOTICE TO PAY OR PERFORM OR OBSERVE COVENANT(S) THE MORTGAGE

[Under Section 125] C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To: ………………………………….…………………. of P.O. Box ………………………………

I/WE, …………………………………………………… of ……………………………………… HEREBY GIVE YOU NOTICE as follows:1. That you have defaulted on your obligation to pay the principal of

Tshs. ………………… and/or interest or periodic payment of Tshs. ………………………. Under the mortgage dated ………………… and that under default has continued for ……………. Month(s);

2. That you must pay the arrears hereof and meet current payments within ninety days from the date of this notice;

3. That you have defaulted on your obligation to perform or observe the following covenant(s) …………………………………… and such default has continued for months(s);

4. That you must remedy the above stated breach(es) or default(s) within sixty days from the date of this notice;

5. That in the event the default(s) or breach(es) herein stated is/are not remedied or rectified within sixty days of the date of service of this notice, I shall proceed to exercise any of the lender’s remedies according to the law, that is to say:(i) to sue you for all monies due and owing under the mortgage,(ii) to appoint a receiver,(iii) to lease the mortgaged land,(iv) to enter into possession of the mortgaged land or(v) to sell the mortgaged land (where the mortgage is not a small

mortgage);6. That you are at liberty to apply to court for relief against all the above

named remedies.

Dated at ……………………………………… this …………. day of …………………….



…………………………………………………………………..Signature of Lender/Principal Officer of the Lander

Served Upon me at …………………………… this ………… day of ………………………

……………………………………………………………Borrower/Signature of the Mortgagor

Borrower/Principal Officer of the MortgagorLand Form No. 46


(NO. 4 OF 1999)

NOTICE OF INTENTION TO APPOINT A RECEIVER [Under Section 127]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To:

…………………………………………………………………………………………. of

P.O. Box …………………………………………………………………………………

I/WE,

……………………………………………………………………………………… of

…………………………………………………………………………………………...

HEREBY GIVE YOU NOTICE that I/WE shall appoint a Receiver of the

income of the mortgaged land at the expiration of thirty days from the

date of service of this notice upon you.

Dated at …………………………….. this ………… day of ………………………………

_____________________________________________________Signature of the Lender/Principal Officer of the Lander



Served Upon me at ………………… this …………. day of ……………………………

____________________________________________________Signature of the Borrower/Mortgagor/Principal Officer

of the Borrower/Mortgagor



Land Form No. 47


(NO. 4 OF 1999)

NOTICE OF INTENTION TO GRANT LEASE OF MORTGAGED LAND

[Under Section 128]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To:

…………………………………………………………………………………………. of

P.O. Box …………………………………………………………………………………

I/WE,

……………………………………………………………………………………… of

…………………………………………………………………………………………...

HEREBY GIVE YOU NOTICE that I/WE shall grant a lease of the

mortgaged land to ………………………………………………… or any other

person at the expiration of thirty days from the date of service of this

notice upon you.

Thereafter you are required to give vacant possession of the mortgaged land to the receiver.


____________________________________________________Signature of the Lender/Principal Officer of the Lander




_____________________________________________________Signature of the Borrower/Mortgagor/Principal Officer




Land Form No. 48


(NO. 4 OF 1999)

NOTICE OF INTENTION TO ENTER INTO POSSESSION OF THE MORTGAGED LAND

[Under Section 129]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To:

…………………………………………………………………………………………. of

P.O. Box …………………………………………………………………………………

I/WE,

……………………………………………………………………………………… of

…………………………………………………………………………………………...

HEREBY GIVE YOU NOTICE that I/WE shall enter into possession of

the whole part of the mortgaged land at the expiration of thirty days

from the date of service of this notice upon you.

Thereafter you are hereby required to give me/us vacant possession of

the whole relevant part of the mortgaged land


_______________________________________________Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. Day of ……………………………



________________________________________________Signature of the Borrower/Mortgagor/Principal Officer




Land Form No. 49


(NO. 4 OF 1999)

NOTICE to take possession of the mortgaged land [Under Section 129]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To:

…………………………………………………………………………………………. of

P.O. Box …………………………………………………………………………………

I/WE,

……………………………………………………………………………………… of

…………………………………………………………………………………………...

being mortgagee(s) of the said land registered under the above

reference HEREBY GIVE YOU NOTICE and require you to pay to

me/us as with effect from the ……………. Day of …………………………

20………… all rents or profits which are payable to

………………………………………………………………………………………………

of ……………………………………………………………………………. the

borrower.



Served Upon me at ………………… this …………. Day of ………………… 20………

_________________________________Signature of the Lessee/Occupier



________________________________________________Signature of the Borrower/Mortgagor/Principal Officer


________________________________Signature of Lessee/Occupier





NOTICE OF WITHDRAWAL OF POSSESSION OF MORTGAGED LAND

[Under Section 130]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To:

…………………………………………………………………………………………. of

P.O. Box …………………………………………………………………………………

I/WE,

……………………………………………………………………………………… of

…………………………………………………………………………………………...

HEREBY GIVE YOU NOTICE that I/WE shall withdraw from

possession of the mortgaged land at the expiration of forty (40) days

from the date hereof.




__________________________________________________Signature of the Borrower/Mortgagor/Principal Officer




______________________________Signature of the Lessee Occupier



Land Form No. 51


(NO. 4 OF 1999)

NOTICE OF INTENTION TO SELL MORTGAGED LAND [Under Section 131]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To: ……………………………………………………. of P.O. Box …………………………………………

I/WE, ………………………………………………………… of ………………………………………... HEREBY GIVE YOU NOTICE that I/WE shall sell the mortgaged land by private contract/public auction at the expiration of fort five days from the date of service of this notice upon you.


________________________________________________Signature of the Lender/Principal Officer of the Lander/

Receiver/Principal Officer of the Receiver

Served Upon me at ………………… this …………. Day of ……………………………

________________________________________ Borrower/Mortgagor

Date: ……………..

_______________________________________Commissioner for Land

Date: …………………

_______________________________________Occupier/Holder of the Right of Occupancy

Date: …………………

_____________________________________Spouse(s) of the Borrower/Mortgagor

Date: …………………..

______________________________________Lessee/Sublesee of the Mortgaged Land

Date: ………………….

_______________________________________Co-occupier with the Borrower/Mortgagor

Date: ……………….

_______________________



Other Lender(s)Date: ………………

* Delete whichever is an applicableLand Form No. 52


(NO. 4 OF 1999)

POWER OF SALE OF MORTGAGED LAND [Under Section 133]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

In consideration of the sum of ……………………………………………………………

I/WE, ……………………………………… of …………………………………………………... in exercise of the power of sale conferred by the mortgage registered as Filed Document Number ………………………. HEREBY TRANSFER to ………………………………. the right of occupancy registered under the above reference discharged from the said mortgage.

SIGNED and DELIVERED by the said …………………………………………………… who is known to me personally/identified to me by ……………………………………………………the latter being known to me in personally this …………… day of …………………………… LenderWitness’s Signature ……………………………………………………………………………. …………Postal Address ………………………………………Qualification …………………………………….….

SIGNED and DELIVERED by the said …………………………………………………… who is known to me personally/identified to me by ……………………………………………………the latter being known to me in personally Purchaserthis …………… day of ……………………………Witness’s Signature ……………………………………………………………………………. …………Postal Address ………………………………………Qualification …………………………………….….

SIGNED and DELIVERED by the said ……………………………………………………



who is known to me personally/identified to me by ……………………………………………………the latter being known to me in personally Guarantor of thethis …………… day of …………………………… Borrower/MortgagorWitness’s Signature ……………………………………………………………………………. …………Postal Address ………………………………………Qualification …………………………………….….



NOTICE OF APPLICATION FOR AUTHORITY TO EXERCISE REMEDIES UNDER A SMALL MORTGAGE

[Under Section 138]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To: …………………………………………………………………………………………. of P.O. Box …………………………………………………………………………………

I/WE, ……………………………………………………………………………………… of …………………………………………………………………………………………... HEREBY NOTIFY you that on the ……… day of ……………………… an application was made to court and registered as an order/orders authorizing me/us to exercise the remedy/remedies of:-

(i) ………………………………(ii) ………………………………..(iii) …………………………………..






______________________________________Signature of the Borrower/Mortgagor

Date: ………………………………

______________________________Spouse(s)of the Borrower

Date: ……………………

_______________________________Other MortgagorDate: ……………

________________________________Prior Mortgagee

Date: …………Land Form No. 54


(NO. 4 OF 1999)

CONTRACT OF MORTGAGE[Under Section 64]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ... …………………………………………………………………………………………. of ………………………………………………………………………………………….. HEREBY AGREE to take a loan/overdraft and to crate a mortgage of the right of occupancy registered under the above reference in favour of ………………………………. …………………………… of ……………………………………………………………..

1. Particulars of the Borrower …………………………………………………………

2. Particulars of the Lender (state whether a “prescribed lender”) ………………………………………………………………………………………

3. (a) Loan (state whether term loan or overdraft) ………………………………(b) Purpose of term loan/overdraft ……………………………………………

4. Rate of interest ……………………………………………………………………



5. Description of the property to be mortgaged ………………………………………..

6. Terms of repayment ………………………………………………………………..

7. Duration of the mortgage ………………………………………………………….

8. Date of execution of the mortgage deed/date of creation of the lien by deposit of documents …………………………………………………………………………

9. Covenants by the Borrower/Mortgagor ……………………………………………

10. Representations and Warranties by the Borrower/Mortgagor ……………………….

11. Events of default ……………………………………………………………………

12. Notice ………………………………………………………………………………


__________________________ ______________________________Mortgagor/Borrower Signature of the Lender

Witness Witness:

1. Name:…………………………. 1. Name:

………………………

2. Signature:……………………… 2. Signature:

……………………





CONTRACT OF LEASE[Under Section 64]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ...

…………………………………………………………………………………………. of

…………………………………………………………………………………………..

HEREBY AGREE to lease the right of occupancy registered under the

above reference to …………………………….…………………………… of

……………………………….

1. Description of the land to be demised

………………………………………………

2. Duration/Type of Lease

………………………………………………………….…

3. Purpose of Lease

……………………………………………………………………

4. (a) Rent

………………………………………………………………………...

(b) Mode of payment of rent

…………………………………………………...

5. Date of execution of the Lease

……………………………………………………..

6. Date of delivery of possession of the demised land to the Lessee

…………………..

7. Covenants by the Lessee

……………………………………………………………



8. Covenants by the Lessor

……………………………………………………………

9. Option to renew

……………………………………………………………………

10. Notice

………………………………………………………………………………


__________________________ ______________________________Signature of the Lessor Signature of the Lessee

Witness Witness:

1. Name:…………………………. 1. Name:

………………………

2. Signature:……………………… 2. Signature:

……………………



DERIVATIVE RIGHT [Under Section 20]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

Made and entered into this ………… day of …………………………… 20………………

BETWEEN

TANZANIA INVESTMENT CENTRE



A Body Corporate established under the TANZANIA INVESTMENT ACT NO. 26 of 1997 by order published in the Official Gazette as

Government Notice No. 291 of 1997, (hereinafter referred to as “the Lessor”) on the one part

AND

M/S ……………………………………………………………………..(hereinafter referred to as “the lessee”) on the other part

THIS LEASE WITNESSES as follows:

WHEREAS the Lessor is the holder of a Right of Occupancy registered in the Land Registry at ………………………… under Title No. …………………… in respect of land within ………………………… in the …………………………… and in the terms thereof is authorized to grant leases, the Lessor hereby demises unto the Lessee(s) the land being more fully described in the schedule hereto for a term of ………………………………… commencing on the ……….. day of …………… 20……. and expiring on the ………. day of ………………… 20………. Subject to the provisions of the Land Act No. 4 of 1999 and regulations made thereunder and subject to the following conditions:The land shall be used for the following purposes: ………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………PART A: THE LESSEE(S) SHALL

1. PAY in advance to the Lessor the Rent and/or other charges ………………………

2. ERECT or case to be erected on the land a building or buildings (hereinafter referred to as “the improvements”) in such materials and in accordance with specifications as the Lessor may require, and to that end shall:-(i) On or before the ……. day of ……………… 20…… submit for

approval by the Lessor and the relevant Authority such plans drawings, specification and other information as may be required by the Lessor in respect of the improvements proposed to be erected;

(ii) Within ……. Months from the date of notification by the lessor of approval of the aforementioned development proposals, commence building on the land the



improvements in accordance with such plans and specifications;

(iii) Proceed continually from the commencement of building and complete the improvements in accordance with the plans and specifications so that they are capable of use and occupation on or before the ……… day of ………… 20……..;

(iv) Throughout the remainder of the term hereby granted have and maintain the land and the improvements to the satisfaction of the Lessor;

(v) Comply with such other conditions relating to the improvements as may be contained in the annexture hereto if any.

3. MAINTAIN and protect all beacons on the land and be responsible for the cost of replacing any such beacons that may be missing or destroyed.

4. BE liable to pay any and all costs arising herefrom and in particular:(i) Any fees or stamp duties which may be discovered to be

payable in connection with the Lease.(ii) An amount or amounts levied by the duly authorized

institutions by way of rates or like local property taxes.(iii) An amount or amounts equal to any rates or like levy paid

by the Lessor in respect of the land or improvements thereon.

(iv) Such sum as the Lessor shall assess as a proper share attributable to the land or the cost of making up the roads or improvements of the same upon which the land fronts, abuts or adjoins, whether demand for such sum is made during or after such making or improvement thereof. (This condition does not oblige the Lessor to make up or improve the roads).

5. BE responsible:(j) For protecting and preserving throughout the term of the

lease all the existing and future infrastructure facilities on the land. Any damage, destruction or loss caused thereto shall be made good at the Lessee’s expense.

(ii) For further protecting and conserving existing and future horticultural/environmental amenities such as trees, flower gardens etc provided they are within or immediately adjoining the land. Any damage, destruction



or loss caused thereto shall be made at any time at the Lessee’s expense.

6. YIELD up to the Lessor the land and improvements in good order and condition upon determination of the Lease by effluxion of time or otherwise.

PART B: THE LESSOR SHALL1. ENSURE that the lessee paying rent and/or

other charges hereby reserved in PART “A” Clause 1 hereof and complying with other terms and conditions hereinbefore contained shall peaceably and quietly hold and enjoy the land and improvements during the said term without interruption from the Lessor or any other person claiming under or in trust for the Lessor.

2. UPON breach by the Lessee of any of the foregoing terms and conditions re-enter upon the land and improvements thereon and forfeit the Lessee and immediately thereupon the said term shall absolutely determine and whenever this power of re-entry and forfeiture shall arise the Lessor shall serve upon the Lessee a written notice specifying the nature and extent of the breach and requiring the Lessee to remedy the beach within the time to be specified in the said notice and also the action to be taken by the Lessor if the breach if not remedied within the specified period.

PART C: ARBITRATION

In the event of any dispute arising between the parties hereto in respect hereof either the Lessor or the Lessee may commence arbitration proceedings in conformity with the Arbitration Ordinance, Cap. 15.

I, the within-named …………………………………………… hereby accept the terms and conditions contained in the foregoing Lease Agreement.

1. SIGNED and DELIVERED by the said ……………………………………………… who is known to be personally ……………………………………………………………….the latter being known to me personally in my presence this ……. day of ………… 20…



Signature: ………………………………………Postal Address:………………………………………

………………………………………Qualification: ………………………………………

2. ………………………………………………………………………………

SCHEDULEAll that land known as

Square meters, shown for identification only edged on the plan attached to this Lease Agreement and defined on the registered Plan Numbered ………………………………… deposited at the Office responsible for survey and Mapping at Dar es Salaam.





NOTICE OF INTENTION TO TERMINATE LEASE[Under Section 105]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

To ………………………………………………………………………………………….

of …………………………………………………………………………………………..

HEREBY GIVE YOU NOTICE of my intention to terminate the lease on the ground(s) that your rent is in arrear for ……… days/you are in breach of the following covenant(s)/ condition(s) ………………………………………………………………………………… ………………………………………………………………………………………………

You are required to pay Tshs. ……………………………………………………………… to remedy the breach and to reimburse my reasonable expenses in the sum of Tshs. ………………………………….

You are required to remedy this breach within sixty days of the service of this notice upon you.

I intend to apply to course for an order of termination of the lease if the breach is not remedied within the time specified herein above. You are at liberty to apply to course for relief against the order of termination.

Dated at ……………………………… this ………… day of ……………………………

____________________________________Lessor/Principal Officer of the Lessor

Served Upon me/us:



__________________________________Lessee/Principal Officer of the Lessee





GRANT OF AN EASEMENT [Under Section 146]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ...

…………………………………………………………………………………………. of

…………………………………………………………………………………………..

HEREBY GRANT AN EASEMENT to ……………………………………………… of ……………………………………………………… over the land comprised in the right of occupancy/lease registered under the above reference for the benefit of the following land:

(a) Location of the Land ……………………………………………………….

(b) The boundaries and extend of the land …………………………………….

This easement is granted for an indefinite period/a period of ………… years and subject to the following conditions, limitations or restrictions ………………………………… ………………………………………………………………………………………………

A plant sufficient to define the easement is attached hereto.

Dated at ……………………………… this ……… day of ……………………………….

Attestation Clause ……………………………………Holder of Dominant

LandSigned ……………………………………………….



Served upon us:

__________________________Signature of Servient

Fee: …………………….Endorsement by Registrar





APPLICATION FOR CANCELLATION OF AN EASEMENT[Under Section 150]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ...

…………………………………………………………………………………………. of

…………………………………………………………………………………………..

Occupier of Servient land under a right of occupancy registered under the above reference HEREBY APPLY that the easement granted for the benefit of land held under a right of occupancy CT No. ……………. LO No. ……………… LD No. ………………………. by ………………………………………. of ……………………………………………. and recorded in the register under Filed Document No. ……………… BE CANCELLED.

Reasons: 1. …………………………………………………………………………………………………………

2. …………………………………………………………………………………………………………

Dated at ………………………………. this ………… day of ……………… 20………..

___________________________________Signature of Occupier of Servient Land

Served Upon:

1. Registrar:Name:

……………………………………………………Signature: ……………………………………………………Date ……………………………………………………



2. Occupier of dominant land:Name:

……………………………………………………Signature: ……………………………………………………Date:

……………………………………………………





CANCELLATION OF AN EASEMENT[Under Section 150]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ...

…………………………………………………………………………………………. of

…………………………………………………………………………………………..

HEREBY CANCEL the easement granted to ……………………………………………… ……………………………………………………………………………………………… for the benefit of the land over which I hold the right of occupancy and recorded in the register under Filed Document No. ………………………….

Dated at ……………………………… this …………… day of ………..…………………

______________________________________________________Signature of Occupier of Dominant Land and Attestation

I consent

_____________________________Signature of Lessee/Lender

Fee: …………………….Endorsed by the Registrar





INSTRUMENT OF SEVERANCE[Under Section 159]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

We, the persons named herein, being desirous of severing the joint

occupancy of the right of occupancy registered under the above

REFERENCE HEREBY execute this Instrument of Severance and

APPLY to be registered in common in the following shares:

………………

………………………………………………………………………………………………

___________________________(Signature and attestation)

Fee: ……………………





APPLICATION FOR PARTITION[Under Section 162]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I/

WE………………………………………………………………………………………..

of …………………………………………………………………………………………..

Being occupier(s) in common of a right of occupancy registered under the above reference as occupiers in common with:

(i) ………………………………. of ………………………………………….

(ii) ………………………………. of …………………………………………

HEREBY APPLY for partition of the land into separate parcels in accordance with the plan attached hereto.

The other co-occupier(s) has/have consented to this partition by signing this application.


_____________________________Signature of the Applicant

Date: ……………………

____________________________Signature of Co-occupier

Date: ………………….



____________________________Signature of Co-occupier

Date: …………………..

Fee: …………………….





APPLICATION FOR PARTITION[Under Section 162]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

WE………………………………………………………………………………………..

of …………………………………………………………………………………………..

being occupiers in common of a right of occupancy registered under

the above reference HEREBY APPLY for partition of the land into

separate parcels in accordance with the plan attached hereto.


_____________________________Signatures

Date: ……………………

Fee: …………………….





APPLICATION FOR PARTITION BY COURT ORDER[Under Section 162]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I/

WE………………………………………………………………………………………..

of …………………………………………………………………………………………..

being an occupier(s) in common of a right of occupancy registered

under the above reference/being a person in whose favour an order

has been made for the sale of an undivided share in the land in

execution of a court decree HEREBY APPLY for an order of partition

of the land in common into separate parcels in accordance with the

plan attached hereto.


_____________________________Signature of the Applicant

Date: ……………………

Fee: …………………….





APPLICATION FOR COPY OF CERTIFICATE OF OCCUPANCY[Under Section 160]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I/

WE………………………………………………………………………………………..

of …………………………………………………………………………………………..

being an occupier(s) in common of a right of occupancy registered

under the above reference HEREBY APPLY for copy/copies of the

Certificate of Occupancy.


_________________________________Signature of Occupier(s) in Common

Date: ……………………

Fee: …………………….





APPLICATION FOR A WAYLEAVE[Under Section 152]

I/WE……………………………………………………………………………………….. of ………………………………………………………………………………………….. HEREBY APPLY for a wayleave on the following land(s)

(i) ………………………………………………………………………………(ii) ………………………………………………………………………………(iii) ………………………………………………………………………………

for the following reasons …………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Attached is sketch plan indicating the proposed wayleave


______________________________Signature of the Applicant

Date: ……………………

Served Upon:________________________________________

Commissioner for LandsDate: …………………

________________________________________Occupiers under a granted right of occupancy

Date: …………………………………

________________________________________Principal Officer of the Government Authority

Date: ……………………….

________________________________________All persons in actual occupation of the land

Date: …………………...…………………



________________________________________All interested persons

Date: ………………Fee: …………………….





APPLICATION FOR A COMMUNAL RIGHT OF WAY[Under Section 153]

I/WE………………………………………… being …………………………………….. of ………………………………………………………………………………………….. HEREBY APPLY for a communal right of ay over the following land(s) (if contiguous)

(i) ………………………………………………………………………………(ii) ………………………………………………………………………………(iii) ………………………………………………………………………………

For the following reasons ………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Attached is sketch plan indicating the proposed communal right of way.


______________________________Principal Officer of the Applicant

Served Upon:________________________________________

Commissioner for LandsDate: …………………

________________________________________Occupiers under a granted right of occupancy

Date: …………………………………

________________________________________Occupiers under a customary right of occupancy

Date: ……………………….



________________________________________All interested persons

Date: ………………Fee: …………………….





APPLICATION TO ENTER AN INJUNCTION IN THE LAND REGISTER

[Under Section 38]

C.T. NO. ……………………L.O. NO. ……………………L.D. NO. ……………………

I, ……………………………………………….……... COMMISSIONER FOR

LANDS/ AUTHORISED OFFICER of

………………………………………………………… Whereas I am satisfied

that there is reasonable cause to believe that a disposition has been/is

in the process of being affected by

…………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

(State Circumstances) HEREBY APPLY to enter an injunction in the

land register to prevent a disposition to take place in respect of the

land under the above reference.

SIGNED and DELIVERED by …………………..

the above mentioned …………………………………

…………………..……………………… …………..

who is known to me personally

this ………. day of …………. 20……..

BEFORE ME:



Signature: ……………………………………… ________________________

Address: ……………………………………… Commissioner for

Lands/

Qualification: ……………………………………… Authorised

Officer





NOTICE TO LAND OCCUPIER TO APPLY FOR COMPENSATION [Made under regulation 6 of the Land (Compensation Claims)

Regulations 2001]

To: ………………………………… Ref. No……………………………………..

……………………………………………………………………

I, ……………………………………………………………… Commissioner for Lands/ Authorised Officer of ……………………………………… hereby give notice that you are entitled to claim compensation under Section …………… of the Act for any loss caused or likely to be cause …………………………………………………………………………… ………………………………………………………………………………………………

You may obtain Land Form No. 70 APPLICATION FOR COMPENSATION BY LAND OCCUPIER and file in your claim.

You must submit your claims to me/the authorised officer within 60 days of getting this notice.

If you need help in filling in your claim for compensation, you may seek assistance from me/the authorized officer or any person whom you think maybe able to help you.

Dated at ……………………………… this ………… day of …………………………….


Served upon me/us:



Occupier(s) of LandName:

………………………………………………Signature/Thumbprint

……………………………..





APPLICATION FOR COMPENSATION BY LAND OCCUPIER[Made under regulation 8 of the Land (Compensation Claims)

Regulations 2001]

1. Full Name(s) Sex: Male/Female

(Surname first) Age:…………………………………………… …………………………….

2. Address: ……………………………………………………………………………

………………………………………………………………………………………3. Marital status: ………………………………………………………………………4. Children living with me ……………………………………………………………..5. Location of the land the subject of the claim:

Village:………………………………………………………………………………

District: ……………………………………………………………………………..Street/Road ………………………………………………………………………....

6. Other particulars:C.T. No. ……………………………………………………………………………L.O. No. ……………………………………………………………………………L.D. No. ……………………………………………………………………………

7. Approximate area of the land ……………………………………………………….

8. Current use of the land ……………………………………………………………...

9. Interest inland for which compensation is claimed:Granted right of occupancy Yes/NoCustomary right of occupancy Yes/NoOccupier ……………………………. Yes/NoDerivative right ……………………… Yes/No



Amount claimed Shs. ……………………………………………………………….

10. Other rights:a) Unexhausted improvements Shs. ……………………………………………c) Grazing land Shs.

……………………………………………………………

Name: …………………………………………………………………….

Signature/Thumbprint ……………………………………………………

Date: ………………………………………………

Date: …………………………………………………………..……………………………………………………………………..

Signatures of Representatives of the First Group

Lodged in the Registrar at ……………………… this ……… day of …………… 20…….

………………………………Registry Officer/Clerk

Served upon us:

……………………………………………………(Members of the Second Group)

Date: ………………………….

Or …………………………………………………………………………………………………………

(Trustees of the Association of the Second Group)Date: …..…………………..

Chairman of Village CouncilDate: ……………………..

Secretary of Village CouncilDate: …………………….



Commissioner for Lands/Authorized OfficerDate: ……………………..

Any other Person:

1. Name: …………………………………….2. Signature: …………………………………

Fee: ……………………………………….





APPLICATION TO REORGANISE/WIND UP A LAND SHARING ARRANGEMENT

[Made under Sections 166 and 179]

IN THE VILLAGE LAND COUNCIL/WARD TRIBUNAL/DISTRICT LAND AND HOUSING TRIBUNAL/LAND DIVISION OF THE HIGH COURT OF TANZANIA OF ……………………………VILLAGE, ………………. DISTRICT at ………………..WE (1) ……………………………………… (2) …………………………………………. (3) ……………………………………………… being representatives of the group of persons using land at ………………….. in the ………………………………. Village, ……………………. District for pastoral/agricultural purposes (hereinafter referred to as “the First Group”) under a Land Sharing Arrangement with the group using the said land for pastoral/agricultural purposes (hereinafter referred to as “the Second Group”) adopted by the adjudication officer/committee on the ………… day of …………….. 20…… HEREBY APPLY that the said Land Sharing Arrangement be reorganized as follows:

1. ……………………………………………….2. ………………………………………………..3. ……………………………………………….

Or HEREBY APPLY that the said Land Sharing Arrangement be wound up for the following reasons:

1. ……………………………………….2. ……………………………………….3. ……………………………………….





ADJUDICATION RECORD[Under Section 60]

No. Date TimeLocation and

boundaries of land

Name of Claimant

Interest

Claimed

Amount of land claimed

Length of time

claimant has been on

land on claims

interest in the land

Description of any public or communal rights of way

over the law

Dar es Salaam G. CHEYO



3rd May, 2001 Minister for Lands and Human Settlement Development





__________

THE LAND REGULATIONS, 2001______________

(Made under Sections 12 and 179)______________

THE LAND (ALLOCATION COMMITTEES) REGULATIONS, 2001

PART IPRELIMINARY

1. These Regulations may be cited as the Land (Allocation Committees), Regulations, 2001.

Citation

2. In these Regulations, unless the context otherwise requires:

“Act” means the Land Act, 1999;

“Authorized officer” has the meaning ascribed to this expression by the Land Act;

“Chief Executive Officer” means the Town Director, Municipal Director as the case may be;

“Commissioner” means the Commissioner for Lands;

“District Authority” means a district authority established or deemed to have been established under and governed by the Local Government (District Authorities) Act No. 7 of 1982;

“Ministry” means the Ministry responsible for lands;

Interpretation



“Urban authority” means an urban authority established or deemed to have been established under and governed by the Local Government (Urban Authorities) Act No. 8 of 1982.

PART IIESTABLISHMENT OF LAND ALLOCATION

COMMITTEES

3. There is hereby established in every district authority, every urban authority and at the Ministry’s headquarters a Land Allocation Committee (hereinafter referred to as “the Committee”)

Committee

4. The composition of the Committee shall be:

A. At the District Authority Level(i) The District Executive Director in-charge of

the District as Chairman;(ii) Authorized Officer as Secretary;(iii) Surveyor in-charge,(iv) Town Planner in-charge;(v) Two councillors one of whom shall be a

woman;(vi) Any two other officers representing other

sectors which the district authority deems appropriate.

B. At the Urban Authority Level(i) Chief Executive Officer of the authority, as Chairman,(ii) “Authorized Officer” as Secretary(iii) surveyor in-charge,(iv) Town Planner in-charge,(v) Two councillor one of whom shall be a

woman,(vi) Any two other officers representing other

sectors which the urban authority deems appropriate.

Corporation



C. At the Ministry’s headquarters/or Central Level:(i) The Commissioner, as Chairman,(ii) One “authorized officer” and appointed by the

Commissioner, who shall be the Secretary; but shall not vote,

(iii) The Director of Surveys and Mapping;(iv) The Director of Human Settlements (DHS);(v) Director responsible for gender from the

Ministry of Community Development, Women and Children Affairs,

(vi) Director of Local Government from the President’s Office – Regional Administration and Local Government,

(vii) Director of Livestock from the Ministry of Livestock and Water,

(viii) Director of Tourism from the Ministry of Natural Resources and Tourism,

(ix) Director responsible for Investment from the President’s Office – Planning Commission;

(x) One representative from the Ministry of Defence.

5. Membership of the Committee shall terminate on ceasing to hold the relevant central/local government post (for whatever reason including revocation of the designation “authorized officer”) or revocation of these regulations which ever occurs first.

Tenure

6. (a) The quorum at District and Urban authority level shall be half of the number of members including Chairman and Secretary.

b) The quorum at Central level shall be half of the number of members including the Chairman.

Quorum

7. The Committee shall meet at such times, intervals and places as the Chairman may determine.

Meeting

8. Decision at any meeting of the Committee shall be made primarily by consensus and where consensus is not reached the decision shall be by majority of members present and voting and in case of equality of votes the Chairman shall have a casting vote in his deliberative

Voting



vote.

9. The functions of the Committees shall be to allocate land at the following levels-

A. At the district authority level (excluding land within boundaries of an urban authority) in report to-

(i) Plots for central/local government offices;(ii) Plots for residential, commercial/trade and

service purposes;(iii) Plots for hotels, heavy and light/small

industries;(iv) Plots for religious and charitable purposes;(v) Farms not exceeding five hundred (500) acres

subject to the approval of the Minister;(vi) Land for other purposes not specified above.

B. At the urban authority level in respect to-(i) Plots for central/local government offices;(ii) Plots for residential, commercial/trade and

service purposes;(iii) Plots for hotels, heavy and light/small

industries;(iv) Plots for religious and charitable purposes;(v) Land for urban farming;(vi) Land for other purposes not specified above.

C. At the Ministry’s headquarters or Central level in respect to-(i) Land for creation of new urban centres;(ii) Plots for foreign missions;(iii) Beach areas and small islands;(iv) Plots for housing estates exceeding an area of

five hectares;(v) Land for allocation to the Tanzania

Investment Centre for investment purposes under the Tanzania Investment Act, 1997;

(vi) Land for use of activities, which are of interest of national interest.

Functions

Act No. 26 of 1997

10.- (1) Where a Committee has allocated land, the Committee shall give notice to the public in such a manner as may bring notice to the attention of the public

Procedure for Allocation



indicating-

(a) Names of successful applicants; and(b) Location of land(c) Where the Minister has directed that any

portion of general land be allocated by way of auction or tender, the Committee shall at least twenty one days before the meeting of the Committee give notice to the public in such a manner as may bring notice to the attention of all interested persons to such land indicating:-

(i) precise number of plots, and(ii) the location of land.

11. Subject to the provisions of the Land Act, the committee may approve or disapprove an application for a right of occupancy.

Approval or disapproval of an application

12. Subject to the provisions of the Land Act, the Committee shall consider the following factors-

(a) the applicant’s ability to develop the land in accordance with development conditions;

(b) whether the applicant has attained the age of majority save where the minor’s application is accompanied by the guardian’s evidence of intention and ability to develop the land;

(c) whether the applicant has other land under a granted right of occupancy or customary right of occupancy;

(d) basis of first in first our;

(e) principles of equity, reasonableness, fairness and gender balance;

(f) the needs of disadvantaged groups.

Factors

13.- (1) A Land Allocation Committee established at the level of district and urban authority shall be

Accountability to the Committee



answerable to, and be accountable to-

(a) the local government authority having jurisdiction in the area on all day to day operations; and

(b) the Minister on all technical land matters.

(2) A Land Allocation Committee established at the Central Government shall be answerable to, and be accountable to the Minister.

(3) The role of the Regional Commissioner and District Commissioner in relation to the Land Allocation Committee established within their arrears of jurisdiction, shall be to investigate the legality when questioned of actions and decision of such committees, shall inform the Minister accordingly or take such other appropriate action as may be required.

14.- (1) An Applicant who is aggrieved by a decision of the Committee at any level may appeal to the District land and Housing Tribunal.

(2) The appellate authorities shall be guided by the following principles-

(a) that appeals are lodged timeously and informally;

(b) that the appellant is afforded the right to be heard; and

(c) that the appeal is heard and determined expediously and without undue delay.

Appeals








__________

THE LAND (CONDUCT OF AUCTIONS AND TENDERS) REGULATIONS, 2001

______________


PART IPRELIMINARY

1. These Regulations may be cited as the Land (Conduct of Auctions and Tenders), Regulations, 2001.

Citation



“Authorized officer” has the meaning ascribed to this expression by the Land Act;

“Committee” means the land allocation committee established under section 12 of the Act;


“Ministry” means the Ministry responsible for lands;

“Minister” means the Minister responsible for land.

Interpretation

PART IIGENERAL

3.- (1) Prime residential, commercial and industrial Tender and auction



land will be allocated in a transparent manner such as open tender or auction.

(2) The local government authority shall recommend to the Commissioner, areas of land that maybe made available by tender or auction.

4. The Minister may, after considering the advice of the Commissioner, by order published in the gazette and in at least two local daily circulating newspapers in Kiswahili and English respectively generally or with regard to specific land, direct that general land should be disposed of by means of auction or process of tender.

Direction by the Minister

PART IIIAUCTIONS

5. The Committee shall appoint as its agent by name a licensed land broker, real estate agent or Court Broker for each parcel of land available for auction.

Agent

6. The Agent shall publish in one Swahili and one English daily circulating newspaper in the district and on public notice boards the date of the auction which shall be not less than twenty one (21) days before the auction as well as conditions of the auction.

Publication of date of auction

7. The Committee may agree upon a reserved price recommended by a qualified Valuer but such reserved price shall not be published and shall be disclosed to the Agent by an authorized officer shortly before the auction on the date of the auction.

Reserved Price

8. Every auction shall be conducted by the Agent in he presence of an authorized officer.

Presence of authorised officer

9. The Agent shall declare as winner the name of the highest bidder if his bid is higher than the reserved price.

Highest bidder

10.- (1) The winner shall immediately, on the spot, pay or cause to be paid by bankers cheque to the Ministry and in the name of the Permanent Secretary of the Ministry through the Agent twenty five percent of the purchase price. The balance of the purchase price shall

Payment



be paid to the Ministry through the Agent within sixty (60) days of the date of the auction.

(2) If the balance of the purchase price is not paid within the prescribed period half of the amount paid by the winner shall be forfeited to the Government and shall not be recoverable by the winner.

(3) If the balance of the purchase price is not paid within the prescribed period or the winner does not pay twenty five percent of the purchase price on the date of the auction the auction will be repeated on subsequent occasion or occasions until a winner is found.

(4) The agent shall send a report to the respective local government authority or to the Ministry as the case may be, in respect to the winner of the auction and the purchase price of that land.

11. If there served price is not reached, the Agent shall declare so without disclosing the amount and the auction will be repeated on subsequent occasion or occasions until a winner is found.

Reserved price not reached

12. Any dispute arising out of the conduct of the auction shall be referred to the District Land and Housing Tribunal.

Arbitration

PART IVTENDERS

13. The Committee shall call for tenders by public notice at the District Headquarters and where advisable in one local Swahili and one English daily circulating newspaper in the district at least two months before the date of opening of tenders.

Calling for Tenders

14. The notice calling for tenders shall be brief and explicit and once tenders have been called for, no variations shall be made to the terms, but if changes are essential, the whole process shall commence afresh.

Terms of Tender

15. Every tender, which should be in a sealed envelope, received either by post or by hand must be placed, unopened, in a locked box provided for the purpose and

Receipt of Tenders



where tenders are received by an officer empowered to deal with them he should initial and then stamp the envelopes with the official date stamp immediately they are received by him before placing them in the box.

16. On the date and hour at which a tender closes, and in no circumstances before, the box must be cleared and the tenders opened by the authorized officer in the presence of at least one other member of the Committee and notices may provide that the tenders shall be opened at a meeting of the Committee in the presence of tenders.

Opening of Tenders

17. Tenders shall be numbered consecutively (the last one being endorsed “and last”) and initiated by the authorized officer and the witnessing member and a list (in triplicate) of the tenders showing the number of the tender and the name of the tenderer should be prepared and signed by both persons, and the original shall be retained by the authorized officer for eventual incorporation in the minutes, the duplicate is to be retained by the witnessing member and the triplicate is to be forwarded to the accounting officer of the district or urban authority or the Ministry as the case may be, together with the original tenders, in a sealed envelope or a locked box.

List

18. The Committee shall meet within two days of the date of opening of tenders to select the winner and all tenders on the list shall be considered by the Committee, and the Committee need not accept the highest tender if it is below the reserved price or if it is considered not to be in the public interest to do so; details of the reasons for not accepting the highest tender shall be recorded in the minutes.

Meeting of the Committee

19. Minutes of meetings shall be recorded by the Secretary and signed by the Chairman after confirmation by the Committee.

Minutes

20. Within seven days of the meeting of the Committee the Secretary shall notify the successful tendered and shall notify each unsuccessful tender of the non-acceptance of his tender and details of the successful tender.

Notification



21. The successful tender shall pay or cause to be paid by bankers cheque to the Ministry and in the name of the Permanent Secretary of the Ministry through the authorized officer or the Commissioner, as the case may be, the whole amount of the purchase price within thirty days of the date of the Secretary’s letter of notification.

Payment








__________

THE LAND (DISPOSITION OF RIGHT OF OCCUPANCY) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Dispositions of Rights of Occupancy) Regulations, 2001.

Citation


“Act” means the Land Act, 1999;“Authorized officer” has the meaning ascribed to it

by the Act;“Commissioner” means the Commissioner for

Lands;“disposition” has the meaning ascribed to it by the

Act.

Interpretation

3. The following dispositions shall require approval under the Act-

(a) assignment of a right of occupancy which was granted to the assignor less than three years before the proposed assignment is to take effect;

(b) a loan granted on the security of every mortgage of a right of occupancy or mortgage of a lease;

(c) partition of land granted under a right of occupancy;

(d) creation of an easement;(e) transfer;(f) sale;

Approval



(g) grant;(h) surrender.

4. (1) For the purposes of this regulation the term “assignment” shall not include “transfer”.

(2) The following dispositions shall not require approval under the Act:

(a) an assignment of a right of occupancy which was granted to the assignor three years or more before the proposed assignment is to take effect;

(b) a mortgage of a right of occupancy or mortgage of a lease by a prescribed lender;

(c) a sale of mortgaged land or mortgaged lease by a mortgagee in the exercise of the power of sale under Section 131 of the Act;

(d) a lease of a mortgaged land or mortgaged lease by a mortgagee in the exercise of power lease under 128 of the Act;

(e) a lease;(f) an exchange;(g) a grant of unfructuary* rights; and(h) a disclaimer.

No approval

5. (1) Where approval for any disposition is required under these regulations it shall be the duty of the holder of right of occupancy and the intended assignee or mortgagee as the case may be to apply for such approval.

(2) Every application for a grant of approval for a disposition –

(a) shall be made on a prescribed form;

(b) signed by all the applicants;

(c) shall be accompanied by the certificate of occupancy or letter of offer three sets of

Obligation to apply for approval

* (Sic! usufructuary - LAA)



the deed of disposition and evidence of payment of all rent, taxes, and dues owned to the Government in respect of the current financial years;

(d) shall be submitted to an authorized officer of the area in which he is situate.








__________

THE LAND (SMALL MORTGAGES) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Small Mortgages) Regulations, 2001.

Citation



“Authorized officer” has the meaning ascribed to it by the Act;



“Small mortgage” means a mortgage for a term not exceeding three years and for a sum not greater than five hundred thousand shillings.

Interpretation

3. No small mortgage shall have a term exceeding three years.

Term

4. No small mortgage shall secure a sum of money greater than five hundred thousand shillings, unless there is an order by the Minister to change that sum.

Maximum sum

5.- (1) The Commissioner shall have a duty to advise the Minister on the possibility to change the maximum sum under a small mortgage.

Consultation



(2) A body or organization which represent interests of bankers or lenders on security of mortgage shall have duty to advise the Minister on the possibility to change the maximum sum under a small mortgage.

6.- (1) Every instrument for a small mortgage shall provide for the following matters:

(a) name of the borrower;

(b) name of the lender;

(c) description of the land which is the subject to the mortgage;

(d) description of developments on the land, if any, and if non so to state;

(e) nature of interests in the land-(i) Right of Occupancy; or(ii) Lease;

(f) whether the interest is registered or not, if registered, reference number(s) of registration;

(g) the sum secured under the small mortgage including an overdraft, existing or a future or contingent debt;

(h) the need for a memorandum in case of reducing or increasing secured amount under the small mortgage;

(i) payable interest rate under the small mortgage and the requirement for not less than thirty days notice upon revision.

(2) Other conditions include:

(a) the lender to give a copy of the small mortgage instrument to the borrower’s spouse(s) where the borrower is married and

Instrument of a small mortgage



any other person with an obligation under the mortgage;

(b) a statement that the small mortgage does not operate as a transfer of the right of occupancy or lease, as the case may be, but takes effect as security only;

(c) priority or ranking according to order of registration;

(d) tacking or further advances or credit on a current or continuing account;

(e) the need for the lender’s consent to any disposition affecting the security;

(f) the duty for the borrower to pay the principal sum and interest on the agreed day;

(g) default notices;

(h) remedies available to the lender upon borrower’s default;

(i) manner of calculating interest on the principal sum and time or dates when interest shall be deemed due or to have accrued;

(j) the borrower’s duty to maintain the security in good condition and repair;

(k) the borrower’s duty to pay all outgoings such as rent, rates, taxes duties and levies;

(l) the lender’s right to inspect the mortgaged land or property;

(m) the borrower’s equitable right of redemption.

7. Every borrower shall have a duty to notify the Commissioner or authorised officer the intention to carry

Notification



out a small mortgage.

8. For avoidance of doubt, the following are the only remedies for which the lender is required to obtain an order of the court if exercised-

(a) appointment of a receiver of income of the mortgaged land;

(b) leasing the mortgaged land or subleasing of the mortgaged lease;

(c) entering into possession of mortgaged land.

Protections

9. Unless otherwise expressly declared, customary mortgages shall be governed by customary law.

Customary mortgages







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (FUNCTIONS OF AUTHORISED OFFICERS) REGULATIONS, 2001

______________

(Made under Sections 179)______________

1. These Regulations shall be cited as the Land

(Functions of Authorised Officer) Regulations, 2001.

Citation

2. In these Regulations, unless the context otherwise

requires:


“Authorized officer” has the meaning ascribed to it

by section 2 of the Act;

“Commissioner” means the Commissioner for

Lands;

Interpretation

3. The function of the Commissioner prescribed under

the provisions of the Act as shown in the first column are

the delegated functions of any authorized officer as set

out in the second column of the First Schedule of these

Regulations.

Delegation of

Functions

4. (1) Every authorized officer shall in addition to

the delegated functions perform the functions as shown

Addition

functions



in the Second Schedule.

Notwithstanding the provisions of regulation 3 and

sub-regulation of this regulation, an authorized officer

may:

(a) Advise the Commissioner and Local

Government Authorities with regard to all his

functions under the Act;

(b) Perform any other functions which the

Commissioner may authorize in writing.

5. Whenever an authorized officer is required by the

Act to make a determination affecting or likely to affect

the right of any person and makes a determination which

is adverse to that person he/she shall give that person

reason or reasons for that determination.

Reasons for

determination

6. No authorized officer shall exercise any functions in

any matter concerning land in which he/she or any

member of his/her immediate family has an interest.

Conflict of

Interest

7. Every authorized officer who is a secretary of a

Land Allocation Committee shall, not later than four

months after the end of each financial year, submit to the

Commissioner an annual report on the delegated

functions.

Annual Report

8. Every authorized officer working in a local Answerable to



Authority with directors and have regard to circulars of

the Commissioner shall comply to the directions of and

answerable to the Commissioner.

Commissioner



FIRST SCHEDULE – (Regulation 3)DELEGATED FUNCTION

Section Statement of Functions

5 To receive representations on proposed transfer of general or reserved land to village land and to prepare a report thereon.

7 To receive representations on proposed declaration of hazardous land and to prepare a report thereon.

25 To receive applications for rights of occupancy and to maintain register of applications.

27 To sign letters of offer of right of occupancy subject to gazzettment.

31, 33 To require premium and rent.

32 To sign letter of offer for renewal of a Right of Occupancy subject to gazzettment.

35 To receive application for change of use.

36 To receive and endorse notifications of dispositions of rights of occupancy.

37 To approve dispositions

38 To issue notice to parties to a disposition.

39 To receive applications for grant of approval for disposition.

42 To receive and forward surrender of rights of occupancy to Commissioner for Lands.

43 Notification of determination of surrender to the Occupier.

45-47 All functions relating to breach of conditions of right of occupancy and signing of notice of revocation.

51 To sign and publish notice of abandonment of land and to



sign declaration of abandonment of land.

53 To receive applications for certificate of validation and to sign and issue certificates of validation.

59 To propose creation of wayleave.

152, 153

To receive applications for communal right of ay and wayleave and to complete form for creation of wayleave.

153 To propose creation of public right of ay.

168 To order substituted service.

169 To publish notices in newspapers and the Gazette.

170 Exercise powers to enter and inspect any land.

171 Exercise power to call for information from an occupier.

175 To sign and serve notice on any person in unlawful occupation of land, and to require such persons to vacate the land.

176 To make and sign order requiring any person to remove obstruction on any public right of way.

______________

SECOND SCHEDULE – (Regulation 3)ADDITIONAL FUNCTIONS

(a) To assist any person appointed under section 18 to hold an inquiry under SS 5, 58 and 154 of the Act.

(b) To identity and recommend to the Commissioner the land to be designated for investment purposes under S.20 of the Act.

(c) To recommend to the Commissioner conditions to be imposed on rights of occupancy under S.34 of the Act.

(d) To recommend to the Commissioner ceiling on



land occupancy under S.21 of the Act.

(e) To recommend to the Commissioner areas to be declared areas of regularization under S.58 of the Act.

(f) To receive and to forward to the Commissioner views, representations and objections from members of the public under sections 58 and 154 of the Act.

(g) To make necessary arrangements for the assessment of compensation that may be payable under sections 5,7,22,34,49,54,60, 156 or any other provision of the Act.

(h) To receive applications or claims for compensation under Sections 5, 7, 22, 34, 49, 54, 60, 156 or any other provisions of the Act and to forward such applications to the Land Compensation Fund;

(i) To receive applications or claims for compensation under Section 156 of the Act and to forward such applications to the relevant non-governmental corporate body, association or group of persons in whose favour a public right of way is created.

(j) To provide information and guidance o a general character either orally or in writing to members of the public in connection with land matter and the implementation of the Act S.13 (1).

(k) To provide information and assistance to relevant state officials for the prosecution of offenders under SS. 15, 177 and 178 of the Act.








__________

THE LAND (CONDITIONS OF RIGHTS OF OCCUPANCY) REGULATIONS 2001

______________


1. These Regulations shall be cited as the Land (Conditions of Rights of Occupancy) Regulations, 2001.

Citation

2. In these Regulations unless the context otherwise requires-


“authorized officer” has the meaning ascribed to it by the Act;


“peri-urban area” has the meaning ascribed to it by the Act;

“planning area” has the meaning ascribed to it by the Town and Country Planning Ordinance;

“occupier” means the holder of a granted right of occupancy;

“re-development area” has the meaning a scribed to it by the Town and Country Planning Ordinance;

“urban area” has the meaning ascribed to it by the Act.

Interpretation

Cap. 378

Cap. 378



3. Every right of occupancy shall be subject to any development or other conditions which may be prescribed or the Commissioner may impose and which are not inconsistent with the Act.

Express conditions

4. Every occupier shall maintain and repair any boundary mark made or erected by or under the direction of any Government department or in the course of or for the purpose of a Government survey and which demarcates the boundary or the land held by him under a granted right of occupancy or lies within the area thereof.

Boundaries

5. Every occupier shall be responsible for the protection of all beacons on the land held by him under a granted right of occupancy throughout the term of the right. Any missing beacon will have to be re-established at the occupier’s expense.

Beacons

6. (1) Where the land the subject of a granted right of occupancy in a Planning area or in any urban or peri-urban area is undeveloped land or land in a redevelopment area the occupier thereof shall apply for planning consent under the Town and Country Planning (Application for Planning Consent) Regulations 1960, and shall apply for a building permit under the Township (Building) Rules, 1953 within six months of the grant of the right of occupancy and shall use the land in conformity with the Town and Country Planning (Use Classes) Regulations, 1960.

(2) A right of occupancy for agricultural or pastoral or mixed agricultural and pastoral purposes or any other purpose shall be used for that purpose and no other purpose.

User

GN No. 505 of 1960

GN No. 8 of 1953

GN No. 505 of 1960

7. Every right of occupancy of land for agricultural purposes shall be subject to the terms and conditions to the following effect, namely:-

(a) that the occupier will during the first year of the term of the right of occupancy fully cultivate one eighth of the total area of the arable land subject to the right of occupancy

Right of occupancy for agricultural purposes



to the satisfaction of the Commissioner and during each of the next four years of such term will fully cultivate a further one-eighth of the total area of such arable land in the like manner as aforesaid;

(b) that the occupier will at all times during the term of the right of occupancy have and maintain fully cultivated to the satisfaction of the Commissioner all areas which he is required to cultivate under condition (a) set out in this regulation amounting, in the fifth year of such term and thereafter, to five-eighths of such arable lands.

8. Every right of occupancy of land for pastoral purposes shall be subject to the terms and conditions to the following effect, namely-

(a) that the occupier will during the first year of the term of the right of occupancy fully stock with his own cattle one-seventh of the total area of the land the subject of the right of occupancy to the satisfaction of the Commissioner, and during each of the next four years of such term fully stock a further one-seventh of the total area of such land with his own cattle in like manner as aforesaid;

(b) that the occupier will at all times during the term of the right of occupancy have and maintain fully stocked with his own cattle to the satisfaction of the Commissioner all areas which he is required to stock in the fifth year of such term and thereafter to five-sevenths of the total areas of such land.

Right of occupancy for pastoral purposes

9. Every right of occupancy of land for mixed agricultural and pastoral purposes shall be subject to the terms and conditions to the following effect, namely-

(a) that the occupier will during the first year of the term of the right of occupancy fully cultivate one-fiftieth, and fully stock with his

Right of occupancy for mixed agricultural and pastoral purposes



own cattle one-tenth of the total area of the land subject to the right of occupancy to the satisfaction of the Commissioner, and during each of the next four years of such term will fully cultivate a further one-fiftieth, and wilfully stock with his own cattle a further one-tenth of the total area of such land in like manner as aforesaid;

(b) that the occupier will at all times during the term of the right of occupancy:

(i) have and maintain fully cultivate to the satisfaction of the Commissioner all areas which he is required to cultivate under condition (a) set out in this regulation amounting in the fifth year of such term and thereafter to one-tenth of the total area of the land to which the right of occupancy relates; and

(ii) have and maintain fully stocked with his own cattle to the satisfaction of the Commissioner all areas which he is required so to stock under condition (a) set out in this regulation amounting in the fifth year of such term and thereafter to one-half of the total area of the land to which the right of occupancy relates.

10. Every right of occupancy of land for agricultural purposes or for pastoral purposes or mixed agricultural and pastoral purposes shall be subject to the term and condition that the occupier will reside on the land the subject of the right of occupancy or within such distance of it as is reasonably consistent with the personal supervision and management of the same by the occupier. Provided that whenever the occupier is not or will not be so resident a manager employed by him shall reside on such land or within such distance of it as is reasonably consistent with the personal supervision and management of the same by such manager.

Residence

11. Every occupier shall do everything necessary to, Environment



preserve the environment, protect the soil, preserve soil fertility, plant trees, prevent soil erosion and to use the land so as not to cause soil erosion outside its boundaries and to do all things which may be required by the authorities responsible for environment.







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (ASSESSMENT OF THE VALUE OF LAND FOR COMPENSATION) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Assessment of the Value of Land for Compensation) Regulations, 2001.

Citation


“Act” means the Land Act, 1999;“Government” means the government of the United

Republic of Tanzania;“Qualified Valuer” has the meaning ascribed to it

by section 2 of the Act;“Local Government Authority” has the meaning

ascribed to it by section 2 of the Act.

Interpretation

3. The basis for assessment of the value of any land and unexhausted improvement for purposes of compensation, under the Act shall be the market value of such land.

Basis

4. The market value of any land and unexhausted improvement shall be arrived at by use of comparative method evidenced by actual recent, sales or similar properties or by use of income approach or replacement cost method where the property is of special nature and not saleable.

Market Value

5. Every assessment of the value of land and unexhausted improvement for the purposes of the Act shall be repaired by qualified Valuer.

Qualified Valuers



6. Every assessment of the value of land and unexhausted improvement for the purposes of payment of compensation by Government or Local Government Authority shall be verified by the Chief Valuer of the Government or his representative.

Chief Valuer

7. Compensation for loss of any interest in land shall include value of unexhausted improvement disturbance allowance, transport allowance, accommodation allowance and loss of profits.

Compensation

8. The marked rent for the building shall be assessed and multiplied by thirty-six months in order to arrive at the accommodation allowance payable.

Accommodation allowance

9. The net monthly profit of the business carried out on the land shall be assessed, evidenced by audited counts where necessary and applicable, and multiplied by thirty six months in order to arrive at the loss of profits payable.

Loss of profit

10. The disturbance allowance shall be calculated by multiplying value of the land by average percentage rate of interest offered by commercial banks on fixed deposits for twelve months at the time of loss of interest in land.

Disturbance allowance

11. Transport Allowance shall be the actual costs of transporting twelve tons of luggage by rail or road (whichever is cheaper) within twenty kilometres form the point of displacement.

Transport allowance

12. The elements of transport allowance, accommodation allowance and loss of profits shall not be payable for unoccupied land at the date of loss of interest in land.

Unoccupied land

13.- (1) The interest upon any compensation shall be paid by the Government or the local government authority only where there is no prompt payment of compensation made.

(2) For the purpose of computing interest payable upon compensation “prompt payment of

Interest



compensation” means payment of compensation within six months after the subject land has been acquired or revoked.

(3) Where amount of compensation remains unpaid for six months after acquisition or revocation, interest at the average percentage rate of interest offered by commercial banks on fixed deposits shall be recoverable until such compensation is paid.







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (COMPENSATION CLAIMS) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Compensation Claims) Regulations, 2001.

Citation



“Authorized Officer” has the meaning ascribed to it by the Act;

“Customary right of occupancy ” has the meaning ascribed to it by the Act;

“granted right of occupancy” has the meaning ascribed to it by the Act;

“Local Government Authority” has the meaning ascribed to it by the Act;

“Fund” means the Local Compensation Fund established by section 173 of the Act;

“peri-urban area” has the meaning ascribed to it by the Act;

“urban area’ has the meaning ascribed to it by the Act.

Interpretation

3. These Regulations shall apply to all applications or Application



claims for compensation against the Government or local government authority or any public body or institution under the act who may claim compensation.

4. The following may claim compensation, that is to say-

(a) The holder of a granted right of occupancy in respect of general or reserved land which is transferred to village land under Section 5 of the Act or in respect of and the subject of a right of occupancy which is compulsory acquired by the President for public purposes under Section 22 of the Act or in respect of a right of occupancy which has been revoked under Section 49 of the Act;

(b) The holder of a granted customary right of occupancy in respect of land which is declared to be hazardous land under section 7 of the Act;

(c) The holder of a customary right of occupancy where the land becomes the subject of a granted right of occupancy in favour of another person and such holder is moved or relocated under Section 34 of the Act;

(d) The occupier of land which he has obtained under or as a consequence of a disposition by a holder of a granted or customary right of occupancy where such occupier is refused a right of occupancy under section 54 of the Act;

(e) The occupier of land in any urban or peri-urban area where such land is acquired by the President under section 60 of the Act.

Compensation

5. (1) The Land (Assessment of Value for Compensation) Regulation 2001 shall apply to any application or claim for compensation by any person occupying land.

(2) Without prejudice to the generality of the

Compensation which may be claimed by occupier



above, the compensation that may be claimed by any person occupying land shall be-

(a) the value of unexhausted improvements on the land he is occupying;

(b) grazing land.

6. The Commissioner or the authorized officer shall cause a notice to be published on a public notice board and serve a notice in a prescribed form on every occupier:

(a) notifying the occupier of the land which is the subject of compensation;

(b) requiring the occupier to submit his claim for compensation;

(c) requiring the occupier to appear physically on such date, time and place where assessment shall be done.

Service of notice to claim compensation

7. The Commissioner or the authorized officer shall cause the valuation for compensation purposes to be undertaken.

Valuation

8. The Commissioner or the authorized officer shall prepare a compensation schedule and submit to the Fund, together with the claim for compensation.

Claim Form

9.- (1) The Fund shall, within not more than thirty days from the date on which the Fund receives the claim for compensation and compensation schedule from the Commissioner or authorized officer make verification and accept or reject payment.

(2) This regulation shall apply to all applications or claims for compensation against the Government or local government authority or any public body or institution under the Act.

(3) The compensation under section 156 of the Act shall apply against a non-government corporate body,

Determination



associating or group of persons in whose favour a public right of way is created.

10.- (1) Compensation shall take the form of monetary compensation.

(20 Without prejudice to the generality of the above, compensation may, at the option of the government, take the form of all or a combination of or any of the following:

(a) a plot of land of comparable quality, extent and productive potential to the land lost;

(b) a building or buildings of comparable quality extent and use comparable to the building or buildings lost;

(c) plants and seedlings;

(d) regular supplies of grain and other basic foodstuffs for a specified time.

Disturbance allowance







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (CEILINGS ON LAND OCCUPANCY) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Ceilings on Land Occupancy) Regulations, 2001.

Citation



“Authorized Officer” has the meaning ascribed to it by the Act;

“Commissioner ” means the Commissioner for Lands;

“Minister” means the Minister responsible for Lands;

“Scheme of regularization)” has the meaning ascribed to it by the Act;

“Planning area” has the meaning ascribed to it by the Town and Country Planning Ordinance.

Interpretation

3. In the process of setting ceiling on land regard shall be had to the following factors-

(a) land use;

(b) location;

Ceiling on Land Occupancy



(c) feasibility study;

(d) proven ability of applicant to develop the land.

4. (1) Every local government authority shall, after having regard to its land use plans, investment and development of its area of jurisdiction prepare and submit to the Minister for approval of land ceiling for its area of its jurisdiction.

(2) Every local government authority before preparing and submitting to the Minister schemes of land ceiling within its areas of jurisdiction shall-

(a) Invite any interested person to submit proposals for land ceiling on the basis of factors provided for under regulation 3;

(b) Commission feasibility study:

(j) assess ability of land applicants and land availability within its area with the view of ensuring equitable distribution of land;

(ii) the land ceiling scheme prepared in accordance with sub-regulation (i) of this regulation, shall be submitted to the Commissioner for advise to the Minister;

(iii) the Commissioner may consult with associations of relevant stakeholders before advising the Minister on the land ceiling of any local government authority;

(iv) the Minister shall, after having regard to the recommendation of the Commissioner, and every other views and recommendations submitted to him in respect of land ceiling schemes,

Procedure



approve the land ceiling and cause the same to be published in a manner that will come to the notice of all interested persons;

(v) the land allocation committee authorised officers, town planners and surveyors shall have regard to the approved ceiling by the Minister.

(3) The Commissioner may, on his own motion, make a proposal on ceiling on land occupancy or in respect of a particular area of Tanzania or land for a particular purpose.

(4) The Commissioner shall consult with associations of peasants, association of farmers and other civic organisations on any proposal or proposals under these Regulations.

(5) The Commissioner shall, in making his recommendation to the Minister take into account the views and representations submitted to him under these Regulations.

5. For avoidance of doubt setting of ceiling shall not affect existing granted right of occupancy.

Application of these Regulations







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (COMPOSITION AND PROCEDURES OF THE NATIONAL LAND ADVISORY COUNCIL)

REGULATIONS, 2001______________


1. These Regulations shall be cited as the Land (Composition and Procedures of the National Land Advisory Council) Regulations, 2001.

Citation




“Council ” means the National Land Advisory Council;


“Ministry” means the Ministry responsible for Lands.

Interpretation

3. The Council shall consist of seven members at least three of whom shall be women as follows:

(a) A Chairman to be appointed by the President;

(b) Three members appointed by the Minister;

Composition



(c) One representative from President’s Office – Ministry responsible for Local Government;

(d) One representative from the Ministry responsible for Livestock;

(e) One representative from the Ministry responsible for Agriculture;

(f) One representative from the Ministry responsible for Natural Resources;

(g) One representative from the Ministry responsible for Gender;

(h) One woman lawyer representing an association of Lawyers.

4. At its first meeting, the Council shall elect a Vice-Chairman from amongst its themselves.

Vice-Chairman

5. (a) The Permanent Secretary of the Ministry responsible for Land shall be the Secretary to the Council;

(b) The Ministry shall make available to the Council such facilities and the services of such officers as are necessary for the proper and efficient exercise of the functions of the Council.

Secretariat

6.- (1) A member shall, unless his appointment is sooner terminated by the appointing authority, hold office for a period of three years. Any member of the Council shall be eligible for re-appointment.

(2) Any member may at any time resign his office by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the appointing authority, he shall cease to be a member.

(3)Where any member ceases to be a member for

Terms of Appointment



any reason before the expiration of his term of office, the appointing authority may appoint another in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.

7. The members of the Council shall work on part time basis.

Part Time

8.- (1) For the better exercise of its functions the council shall have access to all proposed regulations and amendments thereof, annual reports of the Commissioner and the Board of Trustees of the Land Compensation Fund, reports, if any, of inquiries conducted under the Act, decisions of the Court of Appeal and the Land Division of the High Court in cases concerning land as well as the Commissioner’s Circulars and Directives.

(2) The Council shall have power to undertake and to commission any study, research and investigative report on any aspect relating to land.

(3) The Council shall co-operate with public and private bodies or institutions in carrying out its functions under the Act.

(4) Every advice to the Minister shall be in the form of a report and shall be signed by the Chairman, Secretary, and all members.

Exercise of Functions

9.- (1) The Council shall meet for the transaction of business at such times and places as it may decide but shall meet at least two times each years.

(2) The Chairman or, in his absence the Vice-Chairman, shall preside at all meetings of the Council.

(3) Decision at any meeting of the committee shall be made primarily by consensus and where consensus is not reached the decision shall be by majority of members present and voting and in case of equality of votes the Chairman shall have a casting role in his deliberative vote.

Meetings



(4)The quorum of any meeting of the Council shall be five, one of whom shall be the Chairman or, in his absence, the Vice-Chairman.

(5)The council shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings and the minutes of each meeting of the council shall be read and confirmed or amended and confirmed, at the next meeting of the Council and signed by the person presiding at the meeting. Amy minutes purporting to be signed by the person presiding at a meeting of the council shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.

(6)Subject to the preceding provisions of this regulation, the council shall regulate its own procedure.

10. Members of the council shall not be paid any salary, but shall be paid such allowances as the council may, with the prior consent of Minister, determine.

Allowances

11.- (1) The Council shall, in respect of each financial year, cause to be prepared estimates of the expenditure of the Council and these estimates shall be approved by the Council before the commencement of the relevant financial years.

(2) Forthwith upon passing the annual estimates the Council shall submit to the Minister for his approval.

(3)The Minister shall, upon receipt of the annual estimates approve or disapprove or may approve subject to such amendment as he may deem fit.

(4)Where the Minister has approved any annual estimates, those estimates shall be binding upon the Council which shall confine the disbursements of the Council within items and amounts contained in the applicable estimates as approved by the Minister.

Annual Estimates

12. Government Financial Regulation shall apply. Accounts and Audit

13. The Council shall, not later than four months after the end of each financial year, submit to the Minister an

Annual Report



annual report on the activities of the Council in respect of that financial year.

14. The financial year of the Council shall be the same as the financial year of the Government.

Financial Year







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (MANAGEMENT OF THE LAND COMPENSATION FUND) REGULATIONS, 2001

______________


1. These Regulations shall be cited as the Land (Management of the Land Compensation Fund) Regulations, 2001.

Citation



“authorized officer” has the meaning ascribed to it by section 2 of the Act;

“Board” means the Board of Trustees of the Fund;


“CPC” means the Civil Procedure Code, of 1966;

“Government” means the Government of the United Republic of Tanzania;

“the Fund” has the meaning ascribed to it by the Act;

“Land Division of the High Court” has the meaning ascribed to it by the Act;


Interpretation

Act No. 49 of 1966



“Ministry” means the Ministry of Lands and Human Settlements Development.

3. The Board shall consist of-

(a) a Chairman, who shall be appointed by the President;

(b) one person with a professional or academic qualification in law or land valuation;

(c) Director for Local Government from President Office – Regional Administration and Local Government;

(d) A representative from the Ministry responsible for Finance;

(e) Commissioner for Land.

Composition of the Board of Trustees

4. At its first meeting, the Council shall elect a Vice-Chairman.

Vice-Chairman

5. The Minister shall appoint a suitable qualified public officer to be the Secretary to the Fund

Secretary

6.- (1) A member shall, unless his appointment is sooner terminated by the Minister, hold office for a period of three years. Any member of the Board shall be eligible for re-appointment.

(2) Any member may at any time resign his office by giving notice in writing to the Minister and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the Minister, he shall cease to be a member.

(3) Where any member ceases to be a member for any reason before the expiration of his term of office, the Minister may appoint another in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.

Tenure of Appointment

7. All members of the Board shall work on part time Part Time



basis.

8. The functions of the Board shall be-

(a) to verify compensation schedules and claims submitted by commissioner for Lands/Authorised Officer;

(b) to cause payments to be made out of the Fund.

Functions

9. In deciding payment for compensation the Board shall have regard to-

(a) a Compensation schedule;

(b) claim of compensation submitted by the applicant.

Factors

10. A decision of effect/reject payment of compensation by the Board shall be in writing and shall be dated and signed by all the members present.

Determination in Writing

11. If the applicant is aggrieved by a determination of quantum of compensation by the Board he may appeal to the Land Division of the High Court.

Appeal

12. The provisions of the CPC (save Rules 3, 11 and 17(1) Order 39) and the Law of Limitation Act, 1971 shall apply to an appeal under these Regulations.

CPC

13. For purposes of an appeal under these Regulations, a determination by the Board of quantum of compensation shall be deemed to be a decree of the court of a Resident Magistrate or a District Court.

Decree

14.- (1) The Board shall meet for discharge of business at such times and places as it may decide but shall meet at least three times each year.

(2) The Chairman or, in his absence, the Vice-Chairman, shall preside at all meetings of the Board.

Meetings



(3) Decision of the Board shall be by a simple majority of members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.

(4) The quorum of any meeting of the Board shall be three, one of whom shall be the Chairman or, in his absence, the Vice-Chairman.

(5) Any member, who has any financial or other interest, whether direct or indirect, in the subject matter of any decision before the Board, shall disclose in writing to the Board the nature of his interest and shall not participate in any discussion or decision of the Board relating to the matter.

(6) The Board shall be guided by the rules of natural justice.

(7) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings and the minutes of each meeting of the Board shall be read and confirmed or amended and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting, and any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.

(8) Subject to the preceding provisions of this regulation, the Board shall regulate its own procedure.

15.- (1) Any member who fails or refuses to disclose his interest under paragraph (5) of regulation 14 shall be removed from the Board or criminal proceedings be instituted against him.

(2) Where a member is convicted of an offence under sub- regulation (1) of this regulation that member shall be liable to a fine of two hundred thousand shillings or to imprisonment for a term not exceeding twelve months.

Offences and penalty



16. The members of the Board shall not be paid any salary, but shall be paid such allowances at the Board may, with the prior consent of the Minister, determine.

Allowances

17. The Ministry shall make available to the Board such facilities and the services of such officers as are necessary for the proper and efficient exercise of the functions of the Board.

Services of officers

18. The Board shall cause payment out of the Fund to be made within thirty days of determination by the Board, if there is no appeal or within thirty days of the decision of the Land Division of the High Court or the Court of Appeal of Tanzania, as the case may be.

Payment

19. The Board may, before paying any claim require the applicant to furnish it with such proof as may be proper to show that he is entitled to payment out of the Fund.

Proof

20. A right to compensation under the Act shall be inheritable.

Inheritance

21.- (1) The Board shall keep proper books of account and maintain proper records in relation to them and the books of account and records of the Board shall be kept in accordance with accounting standards acceptable to the National Board of Accountants and Auditors.

(2) The books of account of the Board shall be audited by a reputable firm of auditors appointed by the Board at such times as the Board may determine but shall be audited at least at the end of each financial year.

(3) The audited accounts shall be submitted to the Board not later than three months after the end of the financial year to which they related.

(4) It shall be the duty of the Board as soon as possible but in any case not later than one month upon receipt of the report of the auditors under this regulation to forward such report to the Minister.

(5) A copy of the report shall be submitted by the Board to the Controller and Auditor General.

Accounts and Audit



22. The Board shall, not later than four months after the end of each financial year, submit to the Minister and annual report on the management of the Fund in respect of that financial year, including the balance sheet of the Board in respect of that year, the audited accounts, and the auditor’s report on the accounts, and the Minister shall submit the report together with his observations on it to the National Assembly.

Annual Report

23. The financial year of the Board shall be the same as the financial year of the Government.

Financial Year

24. The Board shall, immediately on appointment of its members and in any case not more than three months thereof, take necessary steps for its incorporation under the Trustees Incorporation Ordinance and the Board shall comply with all provisions of the said Ordinance.

Incorporation Cap. 375







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (FEES) REGULATIONS, 2001______________


1. These Regulations shall be cited as the Land (Fees) Regulations, 2001.

Citation



“Authorized officer” has the meaning ascribed to it by the Act;


“Registrar” has the meaning ascribed to it by the Act.

Interpretation

3.- (1) The fees set out in the third column of the schedule hereto shall be charged for the several matters set out opposite thereto in the second column of that schedule.

(2) Fees shall be paid to the authorized officer or any officer nominated by the Commissioner.

(3) The prescribed fee for any service shall be paid before the service is rendered:

Provided that if any service is rendered before the prescribed fee has been paid, the authorized officer may, subject to any law for the time being in force relating to the limitation of actions, recover the prescribed fee at

Fees payable



any time thereafter.

4. No fees paid on any application or for any other matter shall be refunded.

Refunds

_________

SCHEDULE_________

FEES

ITEM NO.

MATTER FEESShs. Cts

. 1. On application for a right of occupancy, LF. No. 20A 5,000/

==

2. On application for change of conditions or right of occupancy LF. No. 28

2,000/=

=

3. On application for grant of approval of disposition, LF. No. 31/30

5,000/=

=

4. On request for reconsideration of application for grant of approval of disposition, LF. No. 34

2,500/=

=

5. On application for certificate of validation, LF. No. 17 2,500/=

=

6. On application for a wayleave, LF. No. 70/66 5,000/=

=

7. On application for a communal right of Way, LF. No. 71/67

5,000/=

=

8. On filing a notification of a disposition LF. No. 30/29 2,000/=

=

9. On application for surrender of a Right of Occupancy, LF. No. 36

5,000/=

=







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (FINES) REGULATIONS, 2001______________


1. These Regulations shall be cited as the Land (Fines) Regulations, 2001.

Citation



“right of occupancy” has the meaning ascribed to it by the Act;

“derivative right” has the meaning ascribed to it by the Act;

“Occupier” means holder of a right of occupancy.

Interpretation

3. Where any breach of condition of a right of occupancy stated in column 2 of the Schedule to these Regulations has arisen, the Commissioner for Lands or an authorized officer may impose a fine specified in column 3 of the said Schedule.

Fees payable

4. No fees paid on any application or for any other matter shall be refunded.

Refunds



_________

SCHEDULE_________

FINES

S/NO.

DESCRIPTION OF BREACH OF CONDITION FINE

1. Failure to keep the land in good state e.g. abandonment.

0.01 of the market value of land

2. Failure to farm the land in accordance with the practices of good husbandry.


3. Failure to use the land in a sustainable manner in accordance with the good practices of pastoralism.


4. Failure to pay premium or any instalment due. 1% per month of the person payable

5. Failure to obtain planning consent or building permit before any buildings are erected.

2% of the market value of the development.

6. Disposition of the right of occupancy or part thereof without the approval of the Commissioner for Lands or Authorized Officer.

2% of the market value of the development

7. Making a disposition of the right of occupancy or part thereof without delivering to the Commissioner for Lands or Authorized Officer a notification thereof.


8. Making development on or use of land before applying to the Commissioner for Lands or Authorized Officer for a change or variation to the conditions of the right of occupancy.


9. Making development on or use of land after the Commissioner for lands or Authorized Officer has rejected application for a change or variation to the conditions of the right of occupancy.


10. Failure to retain and keep safe boundary marks, whether natural or otherwise on or at the boundaries of the land.

0.05 of the market value of the development

11. Repeated or persistent breach of any conditions of the above.

3% of the market value of the



development







THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (SCHEMES OF REGULATIONS) REGULATIONS, 2001

______________

ARRANGEMENT OF REGULATIONS

Regulation Title

PART IPRELIMINARY

1. Citation2. Interpretation

PART IIREGULARISATION AREA

3. Minister may declare a regularization area4. Criteria to be satisfied before declaration of

regularization area5. Duty of Commissioner in respect of

declaration of regularization area6. Declaration of regularization are to be

published in Gazette7. Establishment of regularization area

committee8. Composition of regularization are committee9. Functions of local authority with respect to

regularization area committee10. Functions of regularization are committee11. Functions of officers in relation to

regularization are committee

PART IISCHEME OF REGULARIZATION

12. Decision to prepare scheme of regularisation13. Preparation of survey of regularization area



14. Preparation of scheme of regularization15. Contents of scheme of regularisation16. Role of urban authority in relation to scheme

of regularisation17. Role of Minister in relation to scheme of

regularisation18. Implementation of scheme of regularisation19. Compensation

PART IVADJUDICATION

20. Restrictions on grant of right of occupancy in regularization area

21. Responsibility for adjudication in regularization area

22. Advice on adjudication23. Supervision of adjudication24. Appointment and function of regularization

area adjudication adviser25. Establishment of land adjudication panel26. Procedures at meetings of land adjudication

panel27. Functions of land adjudication panel28. Adjudication procedures29. Adjudication record30. Certification of boundaries31. Appeals32. Principles of adjudication

PART VLOCAL LAND REGISTER

33. Establishment of local land register34. Gazetted regularization area35. The Occupation register



THE LAND ACT

(NO. 4 OF 1999)__________

THE LAND (SCHEMES OF REGULARISATION) REGULATIONS, 2001

______________


PART IPRELIMINARY

1. These Regulations shall be cited as the Land (Schemes of Regularization) Regulations, 2001.

Citation



“adjudication adviser” means a regularisation area adjudication adviser appointed under regulation 24;


“Committee” means a regularisation area committee established under regulation 7;

“local land register” means the local land register established under Regulation 33;


“Operation Vijiji” has the meaning ascribed to it by the Village Land Act;

“panel” means the local land register;

Interpretation



“registered document” means a certificate of granted right of occupancy r a derivative right which has been registered in accordance with these Regulations;

“registration officer” means a registration officer appointed under regulation 33 and includes a principal registration officer;

“regularization area” means an area declared by the Minister to be a regularization area and gazetted as such;

“responsible officer” has the meaning ascribed to by S.60;

“scheme” means a scheme of regularization;

“Tribunal” means the District Land and Housing Tribunal;

“urban area” has the meaning ascribed to it by the Act;

“local authority” has the meaning ascribed to it by the Local Government (Urban Authorities) Act, No. 8 of 1982;

PART IIREGULARISATION AREA

3. The Minister may, subject to the provisions of section 58 of the Land Act, or at the request of the people in the area, channelled through a local authority representatives or otherwise, declare any urban or peri-urban are to be a regularisation area.

Minister may Declare a regularisation area

4. Before declaring any are to be a regularization area, the Minister must be satisfied that:-

(a) there is a reasonable measure of support form those occupying and using land in the area for the making of such a declaration

Criteria to be satisfied before declaration of regularization area



within the area, and from any local authority representatives within the area;

(b) the resources needed for the implementation of any programmes and projects likely to be introduced into the area as a consequence of the declaration area reasonably likely to be forthcoming;

(c) any programmes and projects likely to be introduced into the area as a consequence of the declaration are feasible and the benefits of such programmes and projects outweigh any costs and disadvantages;

(d) where he is considering making a declaration of his own motion, that circumstances, conditions and proposed future developments within the proposed area are such that, notwithstanding that there may not be local interest or support for a declaration, it is in the national interest that such a declaration be made;

(e) there are no extraneous circumstances within or affecting the area which would tend to inhibit or limit the effectiveness of the implementation of any programmes or projects likely to be introduced into the area as a consequence of the declaration.

5. The Commissioner shall follow fair and reasonable procedures and processes which accord with principles of fair administrative practices in obtaining the necessary information on any matters referred to in regulation 4 above on which he is required or intends to advise the Minister under section 58(1) of the Act.

Duty of Commissioner in respect of declaration of regularization area

6. A declaration of a regularization area shall be published in the Gazette and in any other local circulating newspaper.

Declaration of regularization area to be published

7. Where the Minister had declared an area to be a regularization area, the local authority having jurisdiction over the said area shall cause to be established a

Establishment of regularization area committee



committee of persons from the area, to be known as a regularization area committee.

8.- (1) A regularization area committee shall be composed of:

(a) the ward councillors for the area or any part of the ward which they represent which falls within the regularization area;

(b) Chairman of Mitaa, Vitongoji/Villages for the area or any part of the area which they represent which falls within the regularization area;

(c) Not less than seven nor more than eleven persons from the regularization area who shall be elected by secret ballot by all those qualified to vote under any law in force governing voting in local authority elections and shall serve on the committee for the same period of time for which a ward councillor is elected;

(d) Not more than three persons who do not reside or work in the area who may be co-opted on to the committee for up to three years at a time by the members of the committee referred to in paragraphs (a), (b) and (c).

(2) Where the committee exercises its power to co-opt members to a regularization committee, it shall ensure that those persons who are co-opted are, by virtue of their involvement, interest or professional competence in matters of regularization, their knowledge of the area, or their general standing within the area, person whose opinions are likely to be respected within the area.

Composition of regularization area committee

9. The local authority having jurisdiction in the area within which a regularization area has been declared shall be responsible for:

(a) the conduct of the process of election of the members referred to in paragraph (c) of

Functions of local authority with respect to committee



regulation 8 (1);

(b) ensuring that the meetings of a regularization area committee follow due process and comply with standard local authority procedures on committee meetings; and

(c) the coordination of functions and responsibility between such a committee and officers and other committees of the local authority.

10.- (1) The function of a committee shall be to act as a link between the local communities within the regularization area and the planners and officers charged with the responsibility of preparing and implementing a scheme of regularization and to this end, a committee shall:-

(a) be involved in the preparation and implementation of a scheme of regularization;

(b) work with planners and officers in programmes of sensitisation within the area on matter connected with sustainable urban development;

(c) represent to planners and officers the concerns and interests of those occupying and using land within the area;

(d) assist in the settlement of disputes connected with regularization and compensation for losses caused by regularization;

(e) undertake any other activities which are calculated to further the process of regularization.

(2) A committee may appoint such sub-committees as it thinks fit to assist it to perform its functions and may co-opt such persons from the area on to such sub-committees as will, in its opinion, contribute to the work of those subcommittees.

Functions of committee



11. Any officer or planner involved in the preparation and implementation of a scheme of regularization or otherwise exercising functions connected with the development of a regularization area shall:-

(a) at the request of a committee, attend any meeting of that committee;

(b) supply the committee with such information about services and resources available to the area in connection with the preparation and implementation of a scheme of regularization as may be necessary to enable the committee to carry out its functions;

(c) generally, cooperate and work with the members of the committee to advance the economic and social development of the people of the area.

Functions of officers in relation to committee

PART IIISCHEME OF REGULARIZATION

12.- (1) The Minister shall, after consulting with the local authority having jurisdiction over the area within which a redevelopment area is located, direct the Commissioner to cause to be prepared a scheme of regularization for an area declared to be a regularization area.

(2) A scheme of regularization may be prepared by any person or organization with the necessary skills and knowledge in the public or private sector, including a non-governmental organization working in the field of urban development, or an association of persons from the area concerned and any such person or organization which prepares such a plan shall be referred to in these regulations as “the planner”.

(3) The local authority referred to in sub-regulation (1) shall designate an officer who shall be responsible for overseeing the preparation of a scheme of regularization.

Decision to prepare a scheme of regularization



13.- (1) The planner shall prepare a survey of-

(a) The resources and facilities of the area, and in particular, the availability and use of land within the area for homes and work-spaces;

(b) The concerns and needs of the people of the area;

(c) The potential for any programmes and projects of urban development within the area;

(d) Such other matters as the planner, after consultation with the committee, considers necessary and desirable to provide an accurate profile of the existing situation and potential of the area.

(2) The survey shall be placed before one or more public meeting within the area to enable the people of the area to comment on and suggest additions and alterations to the survey within sixty (60) days.

(3) The survey, together with a report of the public meetings referred to in subsection (2), shall be placed before and considered by the committee.

Preparation of survey of regularization are

14.- (1) The planner shall prepare a draft of a scheme of regularization on the basis of the survey referred to in regulation 13 and associated reports as placed before the committee, together with any comments made on that survey by the committee.

(2) A draft scheme of regularization shall be placed before one or more public meetings within the area to enable the people of the area to comment on and suggest additions and amendments to that draft scheme.

(3) The draft scheme of regularization together with a report of the public meetings referred to in subsection (2) shall be placed before and considered by the committee.

(4) The committee may either endorse the

Preparation of scheme of regularization



draft scheme, with or without amendments, or refer the draft scheme back to the planner for further work on the draft scheme.

(5) Where the committee endorse the draft scheme, it shall become endorsed scheme of regularization for the area and shall be sent to the local authority for its consideration.

(6) Whether the committee refer the draft scheme back to the planner, he shall revise the scheme in the light of the comments of the committee and resubmit the scheme to the committee within reasonable time.

(7) Subsections (3) and (5) shall apply to a scheme resubmitted under subsection (6) as they apply to a draft scheme placed before the local committee under subsection (5).

15.- (1) A scheme of regularization shall consist of proposals, set out in written form accompanied by such maps of the area as may be necessary-

(a) for the economic and social advancement of the area and the people of the area through development programmes and projects, involving the full participation of the people of the area;

(b) an indication of the resources likely to be made available from public finances and other sources both within and outwith the area to facilitate the implementation of the scheme, including the resources likely to be needed to meet any claims for compensation;

(c) for any relocation of people from their homes and places of work or any likely compulsory acquisition of land or transfer of land to communal uses as a consequence of any land readjustment or land pooling;

(d) on the relationship of the scheme to any existing development plans or schemes

Contents of scheme of regularization



applicable to the regularization area.

(2) A Scheme of regularization may include the following specific matters-

(a) the designation of area of land proposed for the location of communal facilities and open spaces;

(b) proposals to adopt specific practices on urban land management designed to enhance sustainable land use;

(c) proposed schemes of land readjustment and land pooling and their management, including tenurial arrangements;

(d) the management of communal facilities and other communally used resources;

(e) proposed methods and modalities of liaison and cooperation with authorities responsible for sewage and water management within the area;

(f) the role of the committee in monitoring the implementation of the scheme and in coordinating with other committees and authorities within the area, the functions of which may impinge upon the implementation of the scheme;

(g) such matters as the planner considers necessary and desirable to include in the scheme.

16.- (1) An endorsed scheme of regularization shall be sent to the local authority for its consideration.

(2) The local authority shall consider any scheme of regularization sent to it and prepare a report with recommendations on the scheme for the Commissioner,

(3) In considering a scheme of

Role of the local authority in relation to scheme of regularization



regularization, the local authority shall have regard to-

(a) the extent to which the scheme appears to reflect local concerns and needs and will involve the local community in its implementation;

(b) the practical and financial feasibility of the scheme;

(c) the relationship of the scheme to any development plans and proposed plans prepared under the Town and Country Planning Ordinance, applicable to the area of that local authority;

(d) such other matters as the local authority considers relevant.

(4) The local authority shall, within three months of the receipt of the endorsed scheme of regularization, recommend to the Commissioner whether he should advise the Minister to-

(a) approve with or without amendments;

(b) return to the area concerned with directions as to what additional work is required to be done on; or

(c) reject.

(5) For the avoidance of doubt, it is hereby stated that any scheme prepared for a regularization area under these regulations shall take precedence over any plan or scheme prepared for or applicable to the same area made or approved under the Town and Country Planning Ordinance.

Cap. 378

17.- (1) On receipt, from the Commissioner, together with any comments thereon which the Commissioner may wish to make, of the report with recommendations on the scheme of regularization from the local authority, the Minister shall, not later than four months thereafter, make a determination in terms of one of the paragraphs

Role of the Minister in relation to scheme of regularization



(a) to (c) of sub-regulation (4) of regulation 16 and when the plan is to be resubmitted to the Minister.

(2) Where the Minister approves the scheme of regularization, with or without amendments, he shall signify his approval in the Gazette and the scheme shall, as from the date of his approval, become the approved scheme of regularization for the area for which it has been prepared.

(3) Where the Minister returns the scheme to the local Authority through the Commissioner for further work or rejects the plan, he shall give reasons for his decision in such detail as will enable the planner to ensure that any necessary further work on the scheme or work on a new scheme is undertaken as soon as may be.

(4) Where a scheme has been returned for further work, or has been rejected and thereafter, further work is done on that scheme (the revised scheme) or, in the case of a rejected scheme, a new scheme is prepared, the procedures set out in regulations 16, 17 and this regulation shall apply to any such revised scheme or new scheme.

18.- (1) The responsible officer, shall, in association and consultation with the committee, and keeping the ward and other councillors representing the area fully informed, be responsible for the implementation of the scheme within the area and shall, in pursuance of this responsibility, work with, and give all such advice and assistance to, members of the community within the areas so as to enable them to benefit from and contribute to the implantation of the scheme.

(2) The committee shall inform the community of the contents of the approved scheme, the functions of the responsible officer in implementing that scheme and the actions that members of the community will be expected to take to facilitate the implementation of that scheme.

(3) Where there is any dispute between the responsible officer and one or more members of the community or between two or more members of the

Implementation of scheme of regularization



community over any matter connected with the implementation of the scheme, the committee or any sub committee thereof shall use its best endeavours to resolve the dispute and effect a reconciliation between the parties.

19.- (1) Any person occupying or using land within a regularization area who is adversely affected by the process of regularization shall be entitled to compensation.

(2) A person shall be taken to be adversely affected by the process of regularization if:

(a) he is required to relocate permanently from his existing home or work-space to another place in the regularization area in the interests of the better planning and layout of the regularization area;

(b) in any process of land readjustment, his plot or land is reduced in size by an amount greater than fifteen percent, compensation being payable for the amount of land lsot in excess of fifteen percent;

(c) as a result of the process of regularization or a process of land readjustment, the value of his land, after deducting whatever amount of land not exceeding fifteen percent has been taken for community purposes, has been reduced to below the value it had on the date of the declaration of the regularization area.

(3) A person shall not be taken to be adversely affected by the process of regularization if during the carrying out of any public works or any process of land readjustment or land pooling, he suffers a temporary loss or diminution of the use of his home or work-space which is reasonable in all the circumstances of the case.

Compensation

PART IVADJUDICATION

20.- (1) Except where the boundaries of, and interests Restrictions on



in, land within a regularization area have been registered under any law applicable to the registration of land or, notwithstanding that such boundaries and interests in land have not been registered, are fully accepted and agreed to by all persons with an interest in that land and, in respect of the boundaries of that land, land bordering that land, no grant of a granted right of occupancy shall be made to any person, group of persons or organization unless and until the boundaries of and interests in that land have been adjudicated in accordance with the provisions of this Part.

(2) A provisional right of occupancy may be granted under this Part where and only where the boundaries of the land in respect of which the granted right of occupancy is to be granted have not been fully and finally determined.

grant of right of occupancy in regularization area

21.- (1) The responsibility for adjudication of interests in land within a regularization area is hereby vested in the local authority having jurisdiction over the area within which a regularization area is located.

(2) Where a scheme of regularization provides for a process of adjudication of interests in land to be applied to all or a part of the land within the regularization area, the local authority referred to in sub-regulation (1) shall as soon as may be resolve to commence a process of adjudication which shall be conducted in accordance with the provision of this Part.

Responsibility for adjudication in regularization areas

22. The Commissioner, after consulting with the Director responsible for Surveys and Mapping may issue such advice and guidance on land adjudication as he considers desirable and all authorities and persons exercising adjudication functions under these regulations, shall have regard to that advice and guidance.

Advice on adjudication

23.- (1) Where a complaint is made to the Commissioner by any persons with interests in land within the regularization area that the adjudication is being applied improperly or unfairly, the Commissioner shall investigate the complaint and on being satisfied of the accuracy of the complaint, the Commissioner shall-

Supervision of adjudication



(a) issue such directives as he considers necessary to the local authority to correct and improve the process of adjudication; or

(b) issue a directive to the local authority to:-

(i) cease exercising any powers under the process of adjudication;

(ii) send all records and other information specified in the directive to the Commissioner;

(iii) cooperative fully with such officers as the Commissioner shall authorize to re-examine and revise the process of adjudication.

(2) Where a directive has been issued, the Commissioner shall thereupon be empowered to-

(a) re-examine;(b) cancel;(c) revise;(d) add to;(e) make such other decisions as seem just on;(f) revise

and determine made by any person or body in connection with adjudication of land within the regularization area.

24.- (1) Where a local authority has resolved to commence a process of adjudication within a regularization area, it shall appoint a person to be a regularization area adjudication adviser.

(2) A person shall be qualified to be appointed as an adjudication adviser if that person is-

(a)a person from the area known and respected for his knowledge of and impartial judgment about land matters in that area;

(b)qualified in the discipline or profession of land

Appointment and functions of regularization area adjudication advisor



economist, lawyer, planner, surveyor or valuer; or

(c) a public servant appointed by the Commissioner at the request of the local authority, to act as an adjudication advisor;

(d)an official with responsibilities for land matters of the local authority;

(e)a magistrate appointed by the Judicial Service Commission at the request of the local authority to act as an adjudication adviser.

(3) An adjudication adviser shall work with and assist the panel to implement and manage the process of adjudication and without limiting the generality of that function, shall-

(a) draw to the attention of the panel any error or omission in any adjudication register at any time before it is completed;

(b) make a claim or otherwise act on behalf of any person who is absent or under a disability if he considers it necessary to avoid injustice;

(c) conduct such inquiries as he may be requested to conduct by the panel to further the process of adjudication.

25.- (1) Where a local authority has resolved to commence a process of adjudication within an adjudication area, it shall arrange for the establishment of a land adjudication panel, the members of which shall be appointed by the committee.

(2) A land adjudication panel shall consist of not less than six nor more than nine persons, of whom not less than three persons shall be women, who shall serve for a term as provided in their terms of references.

(3) A land adjudication panel shall be governed by the provisions of the Local Government (Urban Authorities) Act, No. 8 of 1982 and Local Government

Establishment of local adjudication panel

Act Nos.8 of 19827 of 1982



(District Authorities) Act No. 7 of 1982 applicable to committees of any local council.

26.- (1) A panel shall elect one of its members to be chairman who shall preside at all meetings at which he is present; and if at any meeting the chairman is absent, the members present shall elect one of themselves to preside over that meeting.

(2) The quorum of a panel shall be, where the number of the committee is six members, four, or which at least one member shall be a woman and where the number of the panel is greater than six members, five of which at least two members shall be women.

(3) In the event of an equality of votes, the chairman or other member presiding shall have a casting vote as well as an original vote.

(4) Any decision of a panel shall be signed by the chairman or other member presiding and the adjudication adviser.

(5) The adjudication adviser shall be the executive officer for the panel and shall keep the records of the panel.

Procedures of meetings of panel

27.- (1) The functions of a panel shall be to:-

(a) determine the boundaries of and interests in land which is the subject of a process of adjudication;

(b) set aside or make reservations of land or demarcate rights of way and other easements which it considers necessary for the more beneficial occupation of land;

(c) adjudicate upon and decide, using as a guide the principles of land law applicable in Mainland Tanzania, any question referred to it by any person with an interest in land which is the subject of the adjudication;

Functions of land adjudication panel



(d) safeguard the interests of women, absent persons, minors and persons under a disability;

(e) take account of any interest in land in respect of which for any reason, no claim has been made.

(2) The panel shall in the exercise of any of its powers under this section which involve a hearing comply with the rules of natural justice and, subject to that duty may-

(a) hear evidence which would not be admissible in a court of law;

(b) call evidence of its own motion;

(c) use evidence contained in any official record or adduced in any other claim; and

(d) generally, determine its own procedures.

(3) A panel shall have jurisdiction over all claims made during the course of a process of adjudication and for this purpose and in order to discharge the functions referred to in sub-regulation (1), the chairman of such a panel shall be competent to administer oaths and to issue summonses, notices and order requiring the attendance of such persons and the production of such documents, as he may consider necessary for the carrying out of the process of adjudication.

28.- (1) The chairman of a panel shall be responsible for ensuring that the procedures et out in these regulations are complied with.

(2) Where a local authority has resolved to commence a process adjudication within a regularization area, a notice shall be published and posted in a prominent place at the offices of that local authority and on the land which is to be adjudicated not less than two weeks before the process of adjudication is to commence:-

Adjudication procedures



(a) specifying the approximate area of land to be adjudicated (the adjudication area);

(b) requiring all persons who claim any interest in the land to attend a meeting of the panel at a specified time and put forward their claims;

(c) requiring any person who claims to occupy land within the adjudication area to mark or indicate the boundaries of the land in such manner and before such date as may be specified by the notice.

(3) On the specified date; the panel shall hear and determine all claims made under paragraphs (b) and (c) of sub-regulation (2).

(4) The panel shall walk around the land the subject of adjudication tracing, ascertaining, verifying, determining and marking the boundaries of the land.

(5) The panel may adjourn any hearing into any claim and request the adjudication adviser to conduct further investigations into that claim.

(6) In hearing and determining any claim, the panel shall use its best endeavours to mediate between and reconcile parties having conflicting claims to the land.

(7) The panel shall cause to be prepared an adjudication record of the claims to the adjudicated land which it has determined under sub-regulation (3) and shall publish that record in a prominent place within the area.

(8) The adjudication record shall, unless an appeal is made to a Tribunal, become an effective adjudication record thirty days after it has been published.

(9) An adjudication record shall, where an appeal has been made under sub-regulation (7), become effective adjudication record thirty days after such



appeal.

29.- (1) An adjudication record shall be prepared in respect of each plot of land for which one or more claims have been made and shall consist of:-

(a) the name of a claimant or where there is more than one claimant to the land, the names of all the claimants;

(b) the nature and content of the interests in land claimed;

(c) the amount of land claimed;

(d) the length of time the claimant or claimants have been on the land or claim an interest in the land;

(e) the location and boundaries of the plot of land;

(f) the route and boundaries of any rights of way or wayleaves or other public rights claimed to exist in, on, or under the land;

(g) the determination of the panel on the claim or claims together with a brief statement of reasons for the determination.

(2) The adjudication record shall be accompanied by a sketch map of location and area of the land but it shall not be necessary to draw the sketch map to scale.

(3) The adjudication record shall be in the form set out in the Schedule to these regulations.

(4) Where an adjudication record has been completed, it shall be signed by the chairman of the panel and adjudication adviser.

Adjudication record

30. The chairman of the panel, the claimant occupant and at least two adult residents of the regularization area present at the time of the inspection of the land shall certify the correctness of the boundaries of the adjudicated plot of land by signing Land Form No. ……

Certification of boudnaries



set out in the Land (Forms) Regulations, G.N. ……………

31.- (1) Any person who is aggrieved by a determination of a panel may, within thirty days of the publication of the adjudication record, appeal to a Tribunal against that determination.

(2) The Tribunal shall, in hearing any appeal-

(a) have all the powers and comply with all the procedures applicable to a panel; and

(b) reach such decision as appears to it to be just in all the circumstances, and, without limiting the generality of that power, may:-

(i) amend the adjudication record;

(ii) correct any error in the adjudication record;

(iii) direct that the adjudication adviser conduct further investigations into the subject matter of the appeal.

(3) Where the Tribunal propose to make a decision which may adversely affect the interests of any person in the adjudication area who has not appealed, the Tribunal shall give that person an opportunity to be heard before it shall make any such decision.

Appeals

32.- (1) In preparing the adjudication record, the panel, if it is satisfied that:-

(a) a person, a family or a group of persons are and have been or their predecessor or predecessors in title were in peaceable, open and uninterrupted occupation of land within the regularization area for not less than twelve years, shall determine that person, family or group of persons to be entitled to a right of occupancy;

(b) a person is in occupation of village land in an

Principles of adjudication



urban or a peri-urban area gazetted as a regularization area which was allocated to him or his predecessor in title during Operation Vijiji, shall determine that person to be entitled to a customary right of occupancy;

(c) a person or group of persons are in peaceable, open and uninterrupted occupation of land or are similarly using the land for not less than twelve years under an arrangement or as a result of a transaction whether under customary law or received law, and whether that occupation can be evidenced by a document in writing or not which does not fall within any of the above categories of land occupancy, shall determine the nature, incidents and extent of such an occupancy and declare that person or group of persons to occupy that land under the type of occupancy so determined, whether it be a customary right of occupancy, a granted right of occupancy or a derivative right;

(d) a person or group of persons are in occupation of or are using land without any right or interest so to be, shall determine such persons to be unauthorized occupiers, permitted to remain on the land temporarily as licences;

(e) a person or group of persons are entitled to an interest in land within the regularization area, whether under customary law or otherwise, not amounting to occupation under customary law or received law or under a derivative right, shall determine the nature, incidents and extent of such an interest to enable it to be recorded in the name of the person or group or persons entitled to benefit from it;

(f) land is entirely free of any occupation or use or any right of occupation or use by any person or group of persons, shall determine



that land to be land available for communal or public use.

(2) In making any determinations under subsection (1), a panel shall have regard to the provisions of the Constitution and shall treat the rights of women to occupancy or use or have interests in land no less favourably than the rights of men so to occupy or use or have interests in land.

(3) In determining whether occupation of land has been peaceable, open and uninterrupted-

(a) no account shall be taken of any order, declaration or scheme issued or made under the Town and Country Planning Ordinance, which purports to alter, amend or add to the incidents of any deemed right of occupancy or other right to occupancy land of any person o as to render any aspect of that occupation unlawful;

(b) a person occupying land in an urban per-urban area at the will or sufferance of or as a trespasser relative to a person or organization having a title to that land, but whose occupation is recognized and accepted as being in accord with the customs of the community of which he is a part, shall be deemed to be in peaceable open and uninterrupted occupation of that land;

(c) it shall not be necessary that such occupation be continuous provided that when land is not occupied by a person or group of persons claiming peaceable, open and uninterrupted occupation of that land, it is not occupied by any other person or group of persons claiming peaceable open and uninterrupted occupation;

(d) a person shall not cease to be in



uninterrupted occupation nor shall his occupation cease to be peaceable if during the period of twelve years, he has at any time been forcibly and illegally evicted from the land and has attempted to re-enter the land by all lawful means including the use of reasonable force.

(4) A panel may record that two or more persons or groups of persons are co-occupiers and users of land, whether those persons or groups of persons have claimed to be co-occupiers or are disputing occupation or use of that land and where such a determination is made, the committee or adjudication officer as the case may be, shall determine and record the nature, incidents and extent of that co-occupation and whether those persons and groups of persons are joint occupiers or occupier sin common as provided for in Part XIV of the Land Act, 1999 or are co-occupiers, whose rights between themselves are governed by customary law.

(5) Reference to ‘land’ in this regulation are to land the boundaries of which have been agreed to by the parties claiming an interest in that land and contiguous land or have, in the absence of such agreement, been determined by a panel.

(6) References to a period of twelve years shall be taken to mean a period of twelve years counting backwards from the date on which the regularization area in which the land the subject of adjudication is located was declared by the Minister to be a regularisation area.

PART VLOCAL AND REGISTER

33.- (1) A local authority within whose area of jurisdiction a regularization area has been declared shall establish a local land register.

(2) A local land register shall record details of land matters as set out in this Part in all regularization

Establishment of local land register



areas within the area of jurisdiction of the local authority.

(3) A local authority shall appoint one or more of its officers to be registration officers of the register and where more than one officer is so appointed, the local authority shall designate one registration officer to be the principal registration officer who shall be the manager of the register.

34.- (1) A map and written description of the boundaries of a gazetted registration area shall be kept in a separate folder in the Register.

(2) The only entries that may be made in the folder referred to in sub-regulation (1) are-

(a) alterations required to be made by the Commissioner to record changes in the boundaries of the area;

(b) entries to record parcels of land that have been excised from or added to area;

(c) entries to record parcels of land within the area designated in a regularization scheme to be land set aside for communal or public use.

Gazetted registration area

35. The Occupation Register shall be the register which contains-

(a) the record of granted rights of occupancy – Sub Part I of the Occupation Register;

(b) the record of all derivative rights – Sub Part 2 of the Occupation Register;

(c) the record of all dispositions and transactions involving granted rights of occupancy and derivative rights – Sub Part 3 of the Occupation Register;

(d) the records of all persons deemed to own licence Sub Part 4 of the Occupation

Occupation Register



Register.


G. CheyoMinister for Lands and

Human Settlement Development

land form no. 1-71.regulations

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