The Village Land Act R.E. 2002

More documents

Recommendations

Info

lawful access to ownership, occupation or use of any such land.(3) Notwithstanding the provisions of the Judicature and Application of Laws Act *(39) noAct of the Parliament of the United Kingdom referred to in that Act shall apply to land held for acustomary right of occupancy or otherwise governed by customary law.(4) The customary law which shall be applied to determine any matters referred to insubsections (1), (2) and (3) shall be–(a)(b)(c)(d)in the case of a village not established as a result of Operation Vijiji, the customarylaw which has hitherto been applicable in that village;in the case of a village established in whole or in part as a result of Operation Vijiji, thecustomary law applicable in the village immediately before the extinguishing ofcustomary rights in the land under any rules or regulations made under the RuralLands (Planning and Utilisation) Act, 1973 or the enactment of the Regulation of LandTenure (Established Villages) Act *(40);in the case of general land held for a customary right of occupancy, the customary lawrecognised as such by the persons occupying that land;in the case of any land customarily used by pastoralists, the customary lawrecognised as such by those pastoralists.(5) The grantor and grantee of of a derivative right may stipulate as a condition of thatderivative right that the law applicable to it shall be the provisions of Parts VIII which relates toDispositions affecting Land and Part IX which relates to leases of the Land Act *(41) and otherrelevant parts of the laws of Tanzania to the exclusion of customary law.21. Register of village land(1) A village council shall maintain a register of village land in accordance with any ruleswhich may be prescribed by the Minister and the village executive officer shall be responsiblefor keeping that register.(2) The village executive officer shall not make any entry on the register in respect of anycustomary right of occupancy unless and until he is satisfied that any premia, rent, taxes anddues payable in respect of that customary right of occupancy or that derivative right in respectof that customary right of occupancy or that derivative right in accordance with the customaryrules applicable in that area have been paid and a receipt or acknowledgement for the samehas been validly endorsed on the certificate of customary title or of that derivative right.(3) A registry for the purpose of records under this section shall be a village branch of thedistrict land registry for the district in which that village is situate and all persons working in thatdistrict land registry shall fall under the jurisdiction and be subject to the supervision and
direction of the Registrar.B: Grant and Management of Customary Right of Occupancy (ss 22-47)22. Application for customary right of occupancy in village land(1) A person, a family unit, a group of persons recognised as such under customary law orwho have formed themselves together as an association, a primary co-operative society or asany other body recognised by any law which permits that body to be formed, who is or arevillagers, or if a married person who has been divorced from, or has left for not less than twoyears, his or her spouse, was, prior to the marriage, a villager, and all of whom are citizens,may apply to the village council of that village for a customary right of occupancy.(2) A person or group of persons not ordinarily resident in a village may apply for acustomary right of occupancy.(3) An application for a customary right of occupancy shall be–(a)(b)made on a prescribed form;signed–(i)(ii)(iii)(iv)by the applicant; orwhere the application is made by a family unit, by not less than two persons fromthe family unit; orwhere the application is by a group of persons recognised as such undercustomary law, by not less than two persons who are recognised by that law asleaders or elders of the group; orwhere the application is by a group of persons formed into an association, aprimary co-operative society or a body under a law which recognises that body,by not less than two duly authorised officers;(v) where the applicant is a person or group of persons referred to in subsection (2),by not less than five villagers who are not related to any of those applicants; or(vi)a duly authorised agent of any of the applicants referred to in paragraphs (i) to(iv);(c)(d)supported by a declaration concerning any other land in Tanzania held by theapplicant;accompanied by any documents and information which may be prescribed or whichthe village council may require;
Page 1 and 2: CHAPTER 114THE VILLAGE LAND ACT[PRI
Page 3 and 4: 60. Village Land Council.61. Functi
Page 5 and 6: "general land" means all public lan
Page 7 and 8: adviser under section 52 of this Ac
Page 9 and 10: this section.(2) For the purposes o
Page 11 and 12: (13) A transfer of village land to
Page 13 and 14: A: Management and Administration (s
Page 15 and 16: (7) A certificate of village land s
Page 17 and 18: issue and advise the village counci
Page 19 and 20: (i)(ii)to give groups an opportunit
Page 21 and 22: (3) The district council shall prov
Page 23 and 24: (7) Persons who traditionally and i
Page 25 and 26: jurisdiction of any village establi
Page 27: that village;(h)(i)inheritable and
Page 31 and 32: (ii)(iii)(iv)(v)the contribution th
Page 33 and 34: any tax or due to the village counc
Page 35 and 36: (2) of section 23;(b)from a non-vil
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
Page 41 and 42: (9) An approval of a derivative rig
Page 43 and 44: (iii)(iv)approval or refused by the
Page 45 and 46: of the Land Act *(47) relating to l
Page 47 and 48: the responsibility for paying any d
Page 49 and 50: (1) Upon any breach of any conditio
Page 51 and 52: his assent to that remedy.(4) Where
Page 53 and 54: (c)take no further action on the ma
Page 55 and 56: (ii)forbidding action to be taken u
Page 57 and 58: circumstances of the case.(13) An o
Page 59 and 60: (a)(b)(c)is not and has not for not
Page 61 and 62: abandonment;(c)(d)all notices which
Page 63 and 64: the village council,that village co
Page 65 and 66: village council shall, as soon as m
Page 67 and 68: other member presiding and the vill
Page 69 and 70: provisional adjudication record whi
Page 71 and 72: the case may be, an adjudication of
Page 73 and 74: authorised representative of each p
Page 75 and 76: shall be-(a)(b)nominated by the vil
Page 77 and 78: (5) A member of an village land cou
Page 79 and 80:
any person authorised under this Ac
Page 81 and 82:
(3) Any form prescribed under this
Page 83 and 84:
Cap. 11313 (Popup - Popup)Cap. 1131
Page 85 and 86:
Cap. 31837 (Popup - Popup)Act No. 1
show all

The Village Land Act R.E. 2002

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?