The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(b)(c)(d)(e)(f)signed by the chairman and secretary of the village council;accompanied by a demand for any premium, rent, fees, taxes and dues which areprescribed or which may be determined by the village council;where it is the grant of a lease for which a Class C application had been made,counter-signed by the Commissioner and shall unless and until it is so counter signed;delivered or sent to the applicant at his last known abode or usual address;entered in the register of village land.(10) A grant of a derivative right under this section shall be made subject to section 29 andsuch other terms and conditions as may be prescribed or as are determined by the villagecouncil.33. Criteria for determining application for approval or for a grant of a derivative right(1) A village council and, in respect of a Class B and Class C application under section 32, avillage assembly, shall, in determining whether to give approval to a private disposition of aderivative right under section 34 or to grant a derivative right under section 32 have regard toall or any of the following matters which appear to the village council to be relevant to theapplication, that is to say–(a)(b)(c)(d)(e)(f)(g)(h)any land use plan prepared or in the process of being prepared by or for the village;the likely benefits to be derived by the village as a whole by the grant of the derivativeright;the need to ensure the maintenance of sufficient reserve of land for occupation anduse by villagers and for community and public use by those persons;the need to ensure that the special needs of women for land within the village is andwill continue to be adequately met;the need to ensure that the special needs of landless people and the disabled withinthe village will continue to be adequately met;any advice received from any person or organisation which has been consulted on theapplication;any advice or information given by any department of Government on the application;any other matters which may be prescribed.(2) Where the derivative right which is the subject of an application is a lease for more thanten years to be granted by a lender exercising the powers of leasing contained in section 181,
of the Land Act *(47) relating to lenders power of leasing there shall be a presumption that,notwithstanding the provisions of subsection (1), approval will be given to the lease andnotwithstanding the provisions of subsection (3), that approval will be deemed to have beengiven if the village council have not made a decision on the application within sixty days of thereceipt.(3) A village council shall, in determining an application under sections 31 and 32–(a)(b)grant, subject to any conditions which may be prescribed or determined by the villagecouncil; orrefuse,the application and unless this Act provides otherwise, a failure to make a decision within thetime specified in this section shall operate as a refusal to approve an application.(4) Where a consent to a grant of a derivative right is refused by a village council or, in thecase of a class B or class C application made under section 32 is not confirmed by the villageassembly or in case a class C application, is not confirmed by the Commissioner, the villagecouncil or as the case may be the Commissioner shall, at the request of the applicant furnishthat applicant with reasons for the refusal or non-confirmation of that application.34. Duties of grantee of derivative right(1) A grantee of a derivative right shall pay all the premia, rent, taxes and dues which arerequired to be paid in connection with that grant and no such grant shall be valid or effective totransfer any interest in any village land or give rise to any rights in the grantee unless and untilall the premia, rent, taxes and dues have been paid accordingly.(2) The chairman and secretary of the village council or any other officer of the villagecouncil to whom any premia, rent, taxes or dues are required to be paid under this sectionshall endorse and sign a receipt for that premium, rent, tax or due on the certificate of thegrant of the derivative right.(3) A grantee of a derivative right shall comply with–(a)(b)(c)all the terms and conditions subject to which the derivative right has been granted;all lawful orders issued and all bye-laws made by the village council of the villagehaving jurisdiction over the land subject to the derivative right or any local or otherauthority having jurisdiction over land in the area or any orders issued by an officialexercising powers under any Law in the United Republic;all directives issued to him by any public officer or public body exercising powersunder any Act, if the derivative right is a lease for which a class C application was
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(b)(c)(d)(e)(f)signed by the chairman and secretary of the village council;accompanied by a demand for any premium, rent, fees, taxes and dues which areprescribed or which may be determined by the village council;where it is the grant of a lease for which a Class C application had been made,counter-signed by the Commissioner and shall unless and until it is so counter signed;delivered or sent to the applicant at his last known abode or usual address;entered in the register of village land.(10) A grant of a derivative right under this section shall be made subject to section 29 andsuch other terms and conditions as may be prescribed or as are determined by the villagecouncil.33. Criteria for determining application for approval or for a grant of a derivative right(1) A village council and, in respect of a Class B and Class C application under section 32, avillage assembly, shall, in determining whether to give approval to a private disposition of aderivative right under section 34 or to grant a derivative right under section 32 have regard toall or any of the following matters which appear to the village council to be relevant to theapplication, that is to say–(a)(b)(c)(d)(e)(f)(g)(h)any land use plan prepared or in the process of being prepared by or for the village;the likely benefits to be derived by the village as a whole by the grant of the derivativeright;the need to ensure the maintenance of sufficient reserve of land for occupation anduse by villagers and for community and public use by those persons;the need to ensure that the special needs of women for land within the village is andwill continue to be adequately met;the need to ensure that the special needs of landless people and the disabled withinthe village will continue to be adequately met;any advice received from any person or organisation which has been consulted on theapplication;any advice or information given by any department of Government on the application;any other matters which may be prescribed.(2) Where the derivative right which is the subject of an application is a lease for more thanten years to be granted by a lender exercising the powers of leasing contained in section 181,
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