The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(3) In the management of village land, a village council shall have regard to–(a)(b)(c)the principle of sustainable development in the management of village land and therelationship between land use, other natural resources and the environment in andcontiguous to the village and village land;the need to consult with and take account of the views and, where it is so provided,comply with any decisions or orders, any public officer or public authority havingjurisdiction over any matter in the area where the village land is;the need to consult with and take account of the views of other local authoritieshaving jurisdiction in the area where the village land is.(4) A village council may establish a committee to advise and make recommendations to iton the exercise of any of the functions of the management of village land but, not withstandingthe provisions of section 110 of the Local Government (District Authorities) Act *(19) suchcommittee shall have no power to take any decisions concerning the management of villageland.(5) A village council shall not allocate land or grant a customary right of occupancy without aprior approval of the village assembly.(6) A Village Council shall–(a)(b)at every ordinary meeting of the Village Assembly, report to and take account of theviews of the Village Assembly on the management and administration of the Villageland; andbrief the Ward Development Committee and the District Council, having jurisdiction inthe area where the village is situated on the management of the village land.(7) The Commissioner may give any advice, either generally to all village councils or to aspecific village council on the management of village land which he considers necessary ordesirable and all village councils to which that advice is given shall have regard to that advice.(8) Where on a complaint made to a district council by a village assembly or by not less thanone hundred villagers that the village council is not exercising the function of managing villageland in accordance with this Act and other laws applying to village land or with due regard tothe principles applicable to the duties of a trustee, the district council shall inform theCommissioner of the mattter and subject to any agreement he may make with that districtcouncil, the council shall either:(a)(b)advise the complainants to amicably settle the matter with the machinery of village orother local government authority to resolve the issue; orthrough a full meeting of the district council, use its best endeavours to resolve the
issue and advise the village council as to its future conduct of the management ofvillage land; or(c)(d)request the Commissioner to issue a directive to the village council on themanagement of that village land which that village council shall be required to complywith; orrecommend to the Commissioner on the appointment of an inquiry under section 18 ofthe Land Act *(20), to investigate the complaint and make recommendations on it.(9) An inquiry appointed under paragraph (d) of subsection (8) may recommend to theMinister that the management of the village land be removed from the jurisdiction of the villagecouncil the subject of the inquiry either for a fixed or an indeterminate period and transferred toeither–(a)(b)the district council having jurisdiction in the area where the village whose villagecouncil is being inquired into is situate; orthe Commissioner.(10) Where the Commissioner, or an inquiry, determines that the village council has takenor omitted to take any action on village land which is contrary to law, the Commissioner shalltake all such action as may be necessary to re-establish the lawful management of that villageland and the proper allocation of interests in that village land.(11) The Minister may, in consultation with the Minister responsible for local government, byregulations, make arrangements for the management of village lands jointly between–(a)(b)(c)two or more villages; orbetween one or more village and the district council having jurisdiction in the areawhere the village or villages which are to be part of an arrangement of jointmanagement are situate; orbetween one or more village and an urban authority within whose boundaries thatvillage or those villages are situate,and that arrangement may provide for the Commissioner to be involved in that jointmanagement of village land.(12) Any villager who is aggrieved by the management of village land by a village council,including management by a village council as part of any arrangement for joint managementhas standing to sue that village council in respect of the management of that village land.9. Advice by the district council
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- Page 37 and 38: e obtained and no building will be
- Page 39 and 40: (e)is to be made to a person who oc
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- Page 45 and 46: of the Land Act *(47) relating to l
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- Page 51 and 52: his assent to that remedy.(4) Where
- Page 53 and 54: (c)take no further action on the ma
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(3) In the management of village land, a village council shall have regard to–(a)(b)(c)the principle of sustainable development in the management of village land and therelationship between land use, other natural resources and the environment in andcontiguous to the village and village land;the need to consult with and take account of the views and, where it is so provided,comply with any decisions or orders, any public officer or public authority havingjurisdiction over any matter in the area where the village land is;the need to consult with and take account of the views of other local authoritieshaving jurisdiction in the area where the village land is.(4) A village council may establish a committee to advise and make recommendations to iton the exercise of any of the functions of the management of village land but, not withstandingthe provisions of section 110 of the Local Government (District Authorities) <strong>Act</strong> *(19) suchcommittee shall have no power to take any decisions concerning the management of villageland.(5) A village council shall not allocate land or grant a customary right of occupancy without aprior approval of the village assembly.(6) A <strong>Village</strong> Council shall–(a)(b)at every ordinary meeting of the <strong>Village</strong> Assembly, report to and take account of theviews of the <strong>Village</strong> Assembly on the management and administration of the <strong>Village</strong>land; andbrief the Ward Development Committee and the District Council, having jurisdiction inthe area where the village is situated on the management of the village land.(7) <strong>The</strong> Commissioner may give any advice, either generally to all village councils or to aspecific village council on the management of village land which he considers necessary ordesirable and all village councils to which that advice is given shall have regard to that advice.(8) Where on a complaint made to a district council by a village assembly or by not less thanone hundred villagers that the village council is not exercising the function of managing villageland in accordance with this <strong>Act</strong> and other laws applying to village land or with due regard tothe principles applicable to the duties of a trustee, the district council shall inform theCommissioner of the mattter and subject to any agreement he may make with that districtcouncil, the council shall either:(a)(b)advise the complainants to amicably settle the matter with the machinery of village orother local government authority to resolve the issue; orthrough a full meeting of the district council, use its best endeavours to resolve the
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