Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SUBSIDIARY LEGISLATION
(Supp. No. 16 of 4th May, 2001)
-2-
2001.
“land register” means a land register prescribed under the Act and
includes the land register established under the Land
Regulation Ordinance;*
3. The Forms set out in the First Schedule shall be forms which shall Forms to be used in
connection with the
be used in all matters to which they refer. Act and the
Regulations
4. The forms contained in the Schedule may with the approval of the Variation of Forms
5. All forms intended for registration, entry, or filing in the land Quality of paper
__________
SCHEDULE
__________
FORMS
Form 12 - Revocation
(C) MORTGAGE
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(D) LEASES
(E) EASEMENTS
(F) CO-OCCUPANCY
(G) MISCELLANEOUS
I, ……………………………………………………………………………………
of …………………………………………………………………………………………..
being Commissioner for Lands, HEREBY DESIGNATE the following land(s)for
investment purposes under the Tanzania Investment Act No. 26 of 1997.
_________________________
Commissioner for Lands
____________________________________________
Director General of the Tanzania Investment Centre
Date: ……………………………
______________________________________
Authorized Officer in Charge of the District
Date: …………………………….
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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.
____________________
Minister for Lands
____________________________________________
District Executive/Municipal/Town/City Director
Date: ………………………..
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This notice shall come into force thirty days after the date of its publication in the Gazette.
_________________________
MINISTER
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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.
_________________________________________
Commissioner for Lands/Authorized Officer
Name: …………………………………………………….
_________________________
Signature
Date: …………………………
Name: …………………………………………………….
_________________________
Signature
Date: …………………………
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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.
______________________________
Commissioner for Lands
Date: ………………………………
2. ____________________________
Signature
Date: ………………………………
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WARNING LETTER
[Under Section 45]
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.
________________________________________
Commissioner for Lands/Authorized Officer
_____________________________
Occupier(s)
Date: ……………………
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To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………
I, ……………………………………………………………………………………………
Commissioner for Lands/Authorized Officer, of …………………………………………
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.
________________________________________
Commissioner for Lands/Authorized Officer
_____________________________
Occupier(s)
Date: ……………………
_________________________
Authorized Officer
Date: ……………………
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. ………………………………...
To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………
I, ……………………………………………………………………………………………
Commissioner for Lands/Authorized Officer, of …………………………………………
HEREBY REQUIRE you to pay a fine of Tshs. ………………………. on account of
breach of the following conditions:
(1) ………………………………………………………………………………
………………………………………………………………………………
(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.
________________________________________
Commissioner for Lands/Authorized Officer
_____________________________
Occupier(s)
Date: ……………………
(NO. 4 OF 1999)
To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………
I, ……………………………………………………………………………………………
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
_____________________________
Occupier(s)
Date: ……………………
NOTICE OF REVOCATION
[Under Section 48]
Description of Land: ………..
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………
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
__________________________________
All persons having an interest in the land
Date: ………………………
Copy: The Registrar
Land Form No. 12
THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT, 1999
(NO. 4 OF 1999)
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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 ……………………………………………………………………….
………………………………………………………………………………………………
………………………………………………………………………………………………
To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………
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.
______________________________________
Commissioner for Lands/Authorized Officer
_______________________
Occupiers
Date: ………………………
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NOTICE OF ABANDONMENT
[Under Section 51]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………
To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………
______________________________________
Commissioner for Lands/Authorized Officer
DECLARATION OF ABANDONMENT
[Under Section 51]
______________________________________
Commissioner for Lands/Authorized Officer
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 ……………………………………………………….
2. Extent and boundaries of the land …………………………………………
3. Type of disposition …………………………………………………………
4. Parties to the disposition ……………………………………………………
5. Consideration ………………………………………………………………
6. Other information/particulars ……………………………………………...
………………………………………………………………………………
_______________________
Applicant/Occupier
Fee: ………………………..
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Photograph
CERTIFICATE OF VALIDATION
[Under Section 53]
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 …………………………………………………………….
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.
______________________________________
Commissioner for Lands/Authorized Officer
_______________________
Occupier(s)
Date: ………………………
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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 ……………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
___________________________
Signature
_______________________
Permanent Secretary
Date: …………………
Or
Commissioner for Land
Date: …………………
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Date ………………………………….
____________________________
Signature of Applicant
Date: ………………
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REF: …………………………………………
TO: …………………………………………..
……………………………………………….
Sir/Gentlemen/Madam,
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:
(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: …………………………
Official Stamp
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REF: …………………………………………
TO: …………………………………………..
……………………………………………….
Sir/Gentlemen/Madam,
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:
Name: ……………………………
Signature: …………………………
CERTIFICATE OF OCCUPANCY
[Under Section 29]
(To be submitted in triplicate)
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.
(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) ……………………………………………………………………………………
3. USER:
………………………………………………………………………………………………
………………………………………………………………………………………………
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4. The Occupier(s) shall not assign the Right within three years of the date hereof without the
prior approval of the Commissioner.
6. The President may revoke the right for good cause or in public interest.
SCHEDULE
All 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
Witness’s ………………………………….
Address ……………………………………
Postal Address …………………………….
Qualification ………………………………
Signature ………………………………
Name ………………………………….
Qualification …………………………..
Signature ………………………………
Name ………………………………….
Qualification …………………………..
Land Form No. 23
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CERTIFICATE OF OCCUPANCY
[Under Section 29]
Title NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………
2. The land shall be used only for farming and or livestock keeping.
(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.
(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
Given under my hand and my official seal the day and year first above written.
(SEAL)
_____________________________
COMMISSIONER FOR LANDS
Witness’s ……………………………………………………………………………
Signature ……………………………………………………………………………
Postal Address ………………………………………………………………………
Qualification …………………………………………………………………………
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…………
__________________________________________
Commissioner for Lands/Authorized Officer
_________________________
Occupier(s)
Date: ………………………….
Copy: Registrar
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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:
(i) Location of the land ………………………………………………...
………………………………………………………………………
(ii) The boundaries and extend of the land ……………………………...
………………………………………………………………………
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_______________________________________
Commissioner for Lands/Authorized Officer
_________________________
District Commissioner
Date:…………………
_________________________
Chairman, Village Council
Date: ……………………
_________________________
Occupier
Date: ………………….
Approved/Refused
Remarks: ……………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
Commissioner for Lands/Authorized Officer
Date: …………………………………………
_____________________________
Applicant(s)
Date: ……………………………
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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.
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
Before me:
(Signature) ……………………………………
(Qualification) ……………………………….. ………………………………
Signature
Applicant
Fee: …………………
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That ………………………………………………………………………………………..
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
(Describe the type of change/variation) ……………………………………………………
………………………………………………………………………………………………
Date: ………………………………….
………………………...
APPLICANT
SIGNATURE
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That ………………………………………………………………………………………
appearing in condition ……………………… of the certificate of occupancy be deleted and
replaced by ………………………………………………………………………………….
__________________________________________
Commissioner for Lands/Authorised Officer
Date: ……………………….
__________________________
Occupier(s)
Date: ………………….
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)
Fee: …………
SEAL/OFFICIAL STAMP
________________________________________
Commissioner for Lands/Authorized Officer
Date: ………………………………………
Served upon me/us
________________________
Signature of Applications
Date: …………………
Fee: …………………
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To: …………………………………………
……………………………………………..
of P.O. Box ………………………………..
……………………………………………..
Sir/Madam/Gentlemen,
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: …………………………
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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. ………………………………………………………………………………………
___________________________________________________
COMMISSIONER FOR LANDS/AUTHORISED OFFICER
Date: …………………………
- 44 -
___________________________________________________
COMMISSIONER FOR LANDS/AUTHORISED OFFICER
Date: …………………………
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)
Date: ……………………..
Served upon me/us
____________________________
Signature of Applicant(s)
Date: …………………….
Fee: ………………
Copy: Registrar
- 46 -
(Witness)
Signature ………………………………………
Qualification ………………………………………
Postal Address: ………………………………………
………………………………………
*Where applicable
IN 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: ……………………
- 47 -
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 …………………………………………………………………………….
___________________________________________
Commissioner for Lands/Authorized Officer
Date: …………………………
________________________________
Applicant
Date: ……………………
- 48 -
Schedule
TITLE NO. L.O. NO. L.D. NO. DESCRIPTION CURRENT
OF THE LAND OWNER
Witness’s
Signature: ………………………………
Postal address: ………………………………
Qualification: ………………………………
Witness’s
Signature: ………………………………
Postal address: ………………………………
Qualification: ………………………………
- 49 -
I, ……………………………………………………………………………………………
of ………………………………………………………………………………………….
HEREBY AGREE to dispose to ………………………………………………………….
the right of occupancy registered under the above reference:
__________________________ ______________________________
Signature of the Vendor Signature of the Purchaser
Witness Witness
1. Name: ……………………………. 1. Name ………………………
2. Signature: …………………………. 2. Signature: …………………..
- 50 - THE LAND (FORMS) REGULATIONS 2001
GN No. 71 of 2001
Word Processed by Law Associates Advocates
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.
MORTGAGE OF A LEASE
[Under Section 112]
I ……………………………………………………………………………………………
of ………………………………………………………………………………………….
HEREBY MORTGAGE the leasehold estate 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 …………………………………………………………………………
………………………………………………………………………………………………
I,..…………………………………………………………………………………………..
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 small mortgage of the right of occupancy is a
matrimonial home/not a matrimonial home.
I,..…………………………………………………………………………………………..
of ………………………………………………………………………………………….
HEREBY MORTGAGE the leasehold estate 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 small mortgage of the lease is a matrimonial
home/not a matrimonial home.
DISCHARGE OF MORTGAGE
[Under Section 120]
WE,..………………………………………………………………………………………..
………………………………………………………………………………………………
of ………………………………………………………………………………………….
………………………………………………………………………………………………
being the mortgagor and owner/mortgagee, respectively, HEREBY AGREE to the
DISCHARGE of the mortgage registered on Field Document Number
………………………..
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.
…………………………………………………………………..
Signature of Lender/Principal Officer of the Lander
……………………………………………………………
Borrower/Signature of the Mortgagor
Borrower/Principal Officer of the Mortgagor
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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.
_____________________________________________________
Signature of the Lender/Principal Officer of the Lander
____________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
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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
of the Borrower/Mortgagor
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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
________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
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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.
_______________________________________________
Signature of the Lender/Principal Officer of the Lander
_________________________________
Signature of the Lessee/Occupier
________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
________________________________
Signature of Lessee/Occupier
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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 Lender/Principal Officer of the Lander
__________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
______________________________
Signature of the Lessee Occupier
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________________________________________________
Signature of the Lender/Principal Officer of the Lander/
Receiver/Principal Officer of the Receiver
________________________________________
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: ………………
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) …………………………………..
Dated at …………………………….. this ………… day of ………………………………
_______________________________________________
Signature of the Lender/Principal Officer of the Lander
______________________________________
Signature of the Borrower/Mortgagor
Date: ………………………………
______________________________
Spouse(s)of the Borrower
Date: ……………………
_______________________________
Other Mortgagor
Date: ……………
________________________________
Prior Mortgagee
Date: …………
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CONTRACT OF MORTGAGE
[Under Section 64]
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 ……………………………………………………………..
__________________________ ______________________________
Mortgagor/Borrower Signature of the Lender
Witness Witness:
1. Name:…………………………. 1. Name:………………………
2. Signature:……………………… 2. Signature:……………………
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CONTRACT OF LEASE
[Under Section 64]
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:……………………
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DERIVATIVE RIGHT
[Under Section 20]
BETWEEN
AND
M/S ……………………………………………………………………..
(hereinafter referred to as “the lessee”) on the other part
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 ………………………
(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.
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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.
Signature: ………………………………………
Postal Address:………………………………………
………………………………………
Qualification: ………………………………………
2. ………………………………………
………………………………………
SCHEDULE
All 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.
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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 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.
____________________________________
Lessor/Principal Officer of the Lessor
__________________________________
Lessee/Principal Officer of the Lessee
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GRANT OF AN EASEMENT
[Under Section 146]
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:
This easement is granted for an indefinite period/a period of ………… years and subject to
the following conditions, limitations or restrictions …………………………………
………………………………………………………………………………………………
__________________________
Signature of Servient
Fee: …………………….
Endorsement by Registrar
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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. ……………………………………………………
……………………………………………………
___________________________________
Signature of Occupier of Servient Land
Served Upon:
1. Registrar:
Name: ……………………………………………………
Signature: ……………………………………………………
Date ……………………………………………………
CANCELLATION OF AN EASEMENT
[Under Section 150]
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. ………………………….
______________________________________________________
Signature of Occupier of Dominant Land and Attestation
I consent
_____________________________
Signature of Lessee/Lender
Fee: …………………….
Endorsed by the Registrar
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INSTRUMENT OF SEVERANCE
[Under Section 159]
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: ……………………
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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: …………………….
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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: …………………….
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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: …………………….
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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: …………………….
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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 Lands
Date: …………………
________________________________________
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: …………………….
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______________________________
Principal Officer of the Applicant
Served Upon:
________________________________________
Commissioner for Lands
Date: …………………
________________________________________
Occupiers under a granted right of occupancy
Date: …………………………………
________________________________________
Occupiers under a customary right of occupancy
Date: ……………………….
________________________________________
All interested persons
Date: ………………
Fee: …………………….
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BEFORE ME:
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.
________________________________________
Commissioner for Lands/Authorized Officer
Occupier(s) of Land
Name:………………………………………………
Signature/Thumbprint ……………………………..
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6. Other particulars:
C.T. No. ……………………………………………………………………………
L.O. No. ……………………………………………………………………………
L.D. No. ……………………………………………………………………………
Name: …………………………………………………………………….
Signature/Thumbprint ……………………………………………………
Date: ………………………………………………
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Date: …………………………
………………………………..…………………
…………………………………………………..
Signatures of Representatives of the First Group
………………………………
Registry Officer/Clerk
……………………………………………………
(Members of the Second Group)
Date: ………………………….
Or
……………………………………………………
……………………………………………………
(Trustees of the Association of the Second Group)
Date: …..…………………..
1. Name: …………………………………….
2. Signature: …………………………………
Fee: ……………………………………….
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1. ……………………………………………….
2. ………………………………………………..
3. ……………………………………………….
Or HEREBY APPLY that the said Land Sharing Arrangement be wound up for the
following reasons:
1. ……………………………………….
2. ……………………………………….
3. ……………………………………….
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ADJUDICATION RECORD
[Under Section 60]
Description
Length of time of any
Location Amount claimant has public or
No. Date Time and Name of Claimant Interest of land been on land on communal
boundaries Claimed claimed claims interest rights of
of land in the land way over
the law
PART I
PRELIMINARY
PART II
ESTABLISHMENT OF LAND ALLOCATION COMMITTEES
6. (a) The quorum at District and Urban authority level shall be Quorum
7. The Committee shall meet at such times, intervals and places as the Meeting
following levels-
10.- (1) Where a Committee has allocated land, the Committee shall Procedure for
Allocation
give notice to the public in such a manner as may bring notice to the
attention of the public indicating-
11. Subject to the provisions of the Land Act, the committee may Approval or
disapproval of an
approve or disapprove an application for a right of occupancy. application
12. Subject to the provisions of the Land Act, the Committee shall Factors
(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;
13.- (1) A Land Allocation Committee established at the level of Accountability to the
Committee
district and urban authority shall be answerable to, and be accountable to-
Committee at any level may appeal to the District land and Housing
Tribunal.
PART I
PRELIMINARY
PART II
GENERAL
3.- (1) Prime residential, commercial and industrial land will be Tender and auction
4. The Minister may, after considering the advice of the Direction by the
Minister
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.
PART III
AUCTIONS
5. The Committee shall appoint as its agent by name a licensed land Agent
broker, real estate agent or Court Broker for each parcel of land available
for auction.
6. The Agent shall publish in one Swahili and one English daily Publication of date
of auction
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.
7. The Committee may agree upon a reserved price recommended by a Reserved Price
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.
9. The Agent shall declare as winner the name of the highest bidder if Highest bidder
10.- (1) The winner shall immediately, on the spot, pay or cause to Payment
(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.
11. If there served price is not reached, the Agent shall declare so Reserved price not
reached
without disclosing the amount and the auction will be repeated on
subsequent occasion or occasions until a winner is found.
12. Any dispute arising out of the conduct of the auction shall be Arbitration
PART IV
TENDERS
13. The Committee shall call for tenders by public notice at the District Calling for Tenders
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.
14. The notice calling for tenders shall be brief and explicit and once Terms of Tender
tenders have been called for, no variations shall be made to the terms, but if
changes are essential, the whole process shall commence afresh.
15. Every tender, which should be in a sealed envelope, received either Receipt of Tenders
16. On the date and hour at which a tender closes, and in no Opening of Tenders
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.
17. Tenders shall be numbered consecutively (the last one being List
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.
18. The Committee shall meet within two days of the date of opening Meeting of the
Committee
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
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19. Minutes of meetings shall be recorded by the Secretary and signed Minutes
20. Within seven days of the meeting of the Committee the Secretary Notification
shall notify the successful tendered and shall notify each unsuccessful tender
of the non-acceptance of his tender and details of the successful tender.
21. The successful tender shall pay or cause to be paid by bankers Payment
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.
3. The following dispositions shall require approval under the Act- Approval
4. (1) For the purposes of this regulation the term “assignment” No approval
(e) a lease;
(f) an exchange;
(g) a grant of unfructuary* rights; and
(h) a disclaimer.
5. (1) Where approval for any disposition is required under these Obligation to apply
for approval
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.
*
(Sic! usufructuary - LAA)
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Regulations, 2001.
4. No small mortgage shall secure a sum of money greater than five Maximum sum
5.- (1) The Commissioner shall have a duty to advise the Minister Consultation
6.- (1) Every instrument for a small mortgage shall provide for the Instrument of a small
mortgage
following matters:
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(e) the need for the lender’s consent to any disposition affecting
the security;
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(f) the duty for the borrower to pay the principal sum and
interest on the agreed day;
(k) the borrower’s duty to pay all outgoings such as rent, rates,
taxes duties and levies;
8. For avoidance of doubt, the following are the only remedies for Protections
(NO. 4 OF 1999)
__________
4. (1) Every authorized officer shall in addition to the delegated Addition functions
6. No authorized officer shall exercise any functions in any matter Conflict of Interest
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.
37 To approve dispositions
152, 153 To receive applications for communal right of ay and wayleave and to
complete form for creation of wayleave.
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.
______________
“planning area” has the meaning ascribed to it by the Town and Cap. 378
“re-development area” has the meaning a scribed to it by the Town Cap. 378
and Country Planning Ordinance;
4. Every occupier shall maintain and repair any boundary mark made Boundaries
5. Every occupier shall be responsible for the protection of all beacons 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.
6. (1) Where the land the subject of a granted right of occupancy User
7. Every right of occupancy of land for agricultural purposes shall be Right of occupancy
for agricultural
subject to the terms and conditions to the following effect, namely:- purposes
(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 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 Right of occupancy
for pastoral purposes
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;
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(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.
9. Every right of occupancy of land for mixed agricultural and pastoral Right of occupancy
for mixed
purposes shall be subject to the terms and conditions to the following agricultural and
effect, namely- pastoral purposes
(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 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:
(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 Residence
11. Every occupier shall do everything necessary to, preserve the Environment
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.
(NO. 4 OF 1999)
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3. The basis for assessment of the value of any land and unexhausted Basis
4. The market value of any land and unexhausted improvement shall Market Value
7. Compensation for loss of any interest in land shall include value of Compensation
8. The marked rent for the building shall be assessed and multiplied by Accommodation
allowance
thirty-six months in order to arrive at the accommodation allowance
payable.
9. The net monthly profit of the business carried out on the land shall Loss of profit
11. Transport Allowance shall be the actual costs of transporting twelve Transport allowance
and loss of profits shall not be payable for unoccupied land at the date of
loss of interest in land.
13.- (1) The interest upon any compensation shall be paid by the Interest
(NO. 4 OF 1999)
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6. The Commissioner or the authorized officer shall cause a notice to Service of notice to
claim compensation
be published on a public notice board and serve a notice in a prescribed
form on every occupier:
compensation schedule and submit to the Fund, together with the claim for
compensation.
9.- (1) The Fund shall, within not more than thirty days from the Determination
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.
(3) The compensation under section 156 of the Act shall apply
against a non-government corporate body, associating or group of persons
in whose favour a public right of way is created.
(NO. 4 OF 1999)
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3. In the process of setting ceiling on land regard shall be had to the Ceiling on Land
Occupancy
following factors-
(b) location;
4. (1) Every local government authority shall, after having regard Procedure
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.
5. For avoidance of doubt setting of ceiling shall not affect existing Application of these
Regulations
granted right of occupancy.
(NO. 4 OF 1999)
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3. The Council shall consist of seven members at least three of whom Composition
4. At its first meeting, the Council shall elect a Vice-Chairman from Vice-Chairman
(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.
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 Exercise of
Functions
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.
(3) The Council shall co-operate with public and private bodies
or institutions in carrying out its functions under the Act.
9.- (1) The Council shall meet for the transaction of business at Meetings
such times and places as it may decide but shall meet at least two times each
years.
(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.
10. Members of the council shall not be paid any salary, but shall be Allowances
paid such allowances as the council may, with the prior consent of Minister,
determine.
11.- (1) The Council shall, in respect of each financial year, cause to Annual Estimates
13. The Council shall, not later than four months after the end of each Annual Report
14. The financial year of the Council shall be the same as the financial Financial Year
(NO. 4 OF 1999)
__________
“CPC” means the Civil Procedure Code, of 1966; Act No. 49 of 1966
(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.
7. All members of the Board shall work on part time basis. Part Time
9. In deciding payment for compensation the Board shall have regard Factors
to-
compensation by the Board he may appeal to the Land Division of the High
Court.
12. The provisions of the CPC (save Rules 3, 11 and 17(1) Order 39) CPC
and the Law of Limitation Act, 1971 shall apply to an appeal under these
Regulations.
14.- (1) The Board shall meet for discharge of business at such times Meetings
and places as it may decide but shall meet at least three times each year.
(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.
(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.
15.- (1) Any member who fails or refuses to disclose his interest Offences and penalty
16. The members of the Board shall not be paid any salary, but shall be Allowances
paid such allowances at the Board may, with the prior consent of the
Minister, determine.
17. The Ministry shall make available to the Board such facilities and the Services of officers
services of such officers as are necessary for the proper and efficient
exercise of the functions of the Board.
18. The Board shall cause payment out of the Fund to be made within Payment
19. The Board may, before paying any claim require the applicant to Proof
21.- (1) The Board shall keep proper books of account and maintain Accounts and Audit
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.
22. The Board shall, not later than four months after the end of each Annual Report
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.
23. The financial year of the Board shall be the same as the financial Financial Year
24. The Board shall, immediately on appointment of its members and in Incorporation
Cap. 375
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.
(NO. 4 OF 1999)
__________
2001.
3.- (1) The fees set out in the third column of the schedule hereto Fees payable
shall be charged for the several matters set out opposite thereto in the
second column of that schedule.
(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
any time thereafter.
4. No fees paid on any application or for any other matter shall be Refunds
refunded.
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SCHEDULE
_________
FEES
(NO. 4 OF 1999)
__________
2001.
4. No fees paid on any application or for any other matter shall be Refunds
refunded.
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SCHEDULE
_________
FINES
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 0.01 of the market value of
good husbandry. land
3. Failure to use the land in a sustainable manner in accordance 0.01 of the market value of
with the good practices of pastoralism. land
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 2% of the market value of
buildings are erected. the development.
6. Disposition of the right of occupancy or part thereof without 2% of the market value of
the approval of the Commissioner for Lands or Authorized the development
Officer.
7. Making a disposition of the right of occupancy or part thereof 1% of the market value of
without delivering to the Commissioner for Lands or the development
Authorized Officer a notification thereof.
8. Making development on or use of land before applying to the 2% of the market value of
Commissioner for Lands or Authorized Officer for a change or the development
variation to the conditions of the right of occupancy.
9. Making development on or use of land after the Commissioner 3% of the market value of
for lands or Authorized Officer has rejected application for a the development
change or variation to the conditions of the right of occupancy.
10. Failure to retain and keep safe boundary marks, whether natural 0.05 of the market value of
or otherwise on or at the boundaries of the land. the development
11. Repeated or persistent breach of any conditions of the above. 3% of the market value of
the development
(NO. 4 OF 1999)
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ARRANGEMENT OF REGULATIONS
Regulation Title
PART I
PRELIMINARY
1. Citation
2. Interpretation
PART II
REGULARISATION AREA
PART II
SCHEME OF REGULARIZATION
PART IV
ADJUDICATION
PART V
LOCAL LAND REGISTER
(NO. 4 OF 1999)
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PART I
PRELIMINARY
“local land register” means the local land register established under
Regulation 33;
PART II
REGULARISATION AREA
3. The Minister may, subject to the provisions of section 58 of the Minister may Declare
a regularisation area
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.
5. The Commissioner shall follow fair and reasonable procedures and Duty of
Commissioner in
processes which accord with principles of fair administrative practices in respect of
obtaining the necessary information on any matters referred to in regulation declaration of
regularization area
4 above on which he is required or intends to advise the Minister under
section 58(1) of the Act.
(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).
9. The local authority having jurisdiction in the area within which a Functions of local
authority with
regularization area has been declared shall be responsible for: respect to committee
11. Any officer or planner involved in the preparation and Functions of officers
in relation to
implementation of a scheme of regularization or otherwise exercising committee
functions connected with the development of a regularization area shall:-
PART III
SCHEME OF REGULARIZATION
12.- (1) The Minister shall, after consulting with the local authority Decision to prepare
a scheme of
having jurisdiction over the area within which a redevelopment area is regularization
located, direct the Commissioner to cause to be prepared a scheme of
regularization for an area declared to be a regularization area.
(4) The committee may either endorse the draft scheme, with or
without amendments, or refer the draft scheme back to the planner for
further work on the draft scheme.
(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.
15.- (1) A scheme of regularization shall consist of proposals, set out Contents of scheme
of regularization
in written form accompanied by such maps of the area as may be necessary-
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(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;
(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;
16.- (1) An endorsed scheme of regularization shall be sent to the Role of the local
authority in relation
local authority for its consideration. to scheme of
regularization
(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-
(c) reject.
(5) For the avoidance of doubt, it is hereby stated that any Cap. 378
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.
17.- (1) On receipt, from the Commissioner, together with any Role of the Minister
in relation to scheme
comments thereon which the Commissioner may wish to make, of the of regularization
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 (a) to (c) of sub-
regulation (4) of regulation 16 and when the plan is to be resubmitted to the
Minister.
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(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.
19.- (1) Any person occupying or using land within a regularization Compensation
PART IV
ADJUDICATION
20.- (1) Except where the boundaries of, and interests in, land Restrictions on grant
of right of occupancy
within a regularization area have been registered under any law applicable to in regularization area
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.
21.- (1) The responsibility for adjudication of interests in land within Responsibility for
adjudication in
a regularization area is hereby vested in the local authority having regularization areas
jurisdiction over the area within which a regularization area is located.
22. The Commissioner, after consulting with the Director responsible Advice on
adjudication
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.
(a) re-examine;
(b) cancel;
(c) revise;
(d) add to;
(e) make such other decisions as seem just on;
(f) revise
24.- (1) Where a local authority has resolved to commence a process Appointment and
functions of
of adjudication within a regularization area, it shall appoint a person to be a regularization area
regularization area adjudication adviser. adjudication advisor
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(a) a person from the area known and respected for his
knowledge of and impartial judgment about land matters in
that area;
(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-
25.- (1) Where a local authority has resolved to commence a process Establishment of
local adjudication
of adjudication within an adjudication area, it shall arrange for the panel
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 Act Nos.8 of 1982
provisions of the Local Government (Urban Authorities) Act, No. 8 of 7 of 1982
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26.- (1) A panel shall elect one of its members to be chairman who Procedures of
meetings of panel
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.
(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-
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(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 Adjudication
procedures
that the procedures et out in these regulations are complied with.
(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
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(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.
29.- (1) An adjudication record shall be prepared in respect of each Adjudication record
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;
(3) The adjudication record shall be in the form set out in the
Schedule to these regulations.
30. The chairman of the panel, the claimant occupant and at least two Certification of
boudnaries
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. …… set out in the Land
(Forms) Regulations, G.N. ……………
may, within thirty days of the publication of the adjudication record, appeal
to a Tribunal against that determination.
(a) have all the powers and comply with all the procedures
applicable to a panel; and
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 V
LOCAL AND REGISTER
34.- (1) A map and written description of the boundaries of a Gazetted registration
area
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-
(b) entries to record parcels of land that have been excised from
or added to area;
35. The Occupation Register shall be the register which contains- Occupation Register
(d) the records of all persons deemed to own licence Sub Part 4
of the Occupation Register.