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The Village Land Act R.E. 2002

The Village Land Act R.E. 2002

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that village;(h)(i)inheritable and transmissible by will;liable, subject to the prompt payment of full and fair compensation, to acquisition bythe State for public purposes in accordance with any law making provision for thataction.(2) <strong>The</strong> Minister shall make regulations providing for an area of land which a person canhold under a single right occupancy or derivative right of occupancy or in any way otherwisedisposed of to any person or body of persons.19. Incidents of a customary leaseSubject to the provisions of Part IX of the <strong>Land</strong> <strong>Act</strong>, 1998, a lease and a sublease grantedout of a customary right of occupancy shall be called a "customary lease" and "customarysublease", as the case may be, and shall be governed by the customary law applying to theland out of which a lease or sublease, as the case may be, has been granted provided thatthis section shall not be taken to affect any customary leaseholds enfranchisement under theNyarubanja Tenure (Enfranchisement) <strong>Act</strong>, 1965 *(37) or the Customary Leaseholds(Enfranchisement) <strong>Act</strong> *(38), or to permit or sanction the reintroduction of any form ofcustomary leaseholds similar in nature to Nyarubanja tenure.20. Law applicable to customary right of occupancy(1) Subject to the provisions of this <strong>Act</strong>, on any matter concerning the rights and obligationsof a person, a group of persons or a non-village organisation occupying land under acustomary right of occupancy or of any person in dispute with any persons referred to above orof any person alleging that he or she is entitled to succeed to or otherwise occupy that land onthe death or permanent incapacity of a person occupying land under a customary right ofoccupancy or on another matter affecting land held under a customary right of occupancy andpersons ordinarily resident in the village where the land is situate shall, where that matter is nototherwise provided for under this <strong>Act</strong> or any other enactment determined in accordance withcustomary law.(2) Any rule of customary law and any decision taken in respect of land held undercustomary tenure, whether in respect of land held individually or communally, shall haveregard to the customs, traditions and practices of the community concerned to the extent thatthey are in accordance with fundamental principles of the National <strong>Land</strong> Policy and of anyother written law and subject to the foregoing provisions of this subsection, that rule ofcustomary law or any such decision in respect of land held under customary tenure shall bevoid and inoperative and shall not be given effect to by any village council or village assemblyof any person or body of persons exercising any authority over village land or in respect of anycourt or other body, to the extent to which it denies women, children or persons with disability

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