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THE UNITED REPUBLIC OF TANZANIA


_______________

THE LAND ACT


(ACT NO. 4 OF 1999)

THE LAND REGULATIONS 2001

SUBSIDIARY LEGISLATION
(Supp. No. 16 of 4th May, 2001)
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GOVERNMENT NOTICE No. 71 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND (FORMS) REGULATIONS 2001


______________

(Made under Section 179)


______________

1. These Regulations may be cited as the Land (Forms) Regulations, Citation

2001.

2. These Regulations unless the context otherwise requires- Interpretation

“land register” means a land register prescribed under the Act and
includes the land register established under the Land
Regulation Ordinance;*

“Minister” means the Minister responsible for lands;

“Registrar” has the meaning ascribed to it by the Land Act.

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

Commissioner, Registrar or authorized officer, be modified, adopted or


altered in expression to suit the circumstances of each case; and any
variation from such form not being a matter of substance shall not affect
the validity or regularity of the form.

5. All forms intended for registration, entry, or filing in the land Quality of paper

register, shall be on paper of durable quality.

* Possibly “Land Registration Ordinance, Cap. 334” - LAA


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__________

SCHEDULE
__________

FORMS

(A) MANAGEMENT AND ADMINISTRATION

Form 1 – Designation of land for investment purposes

Form 2 – Notice of intention to Declare Hazardous Land

Form 3 – Notice of Declaration of Hazardous Land

Form 4 – Notice to a person in unlawful occupation

Form 5 – Order to remove obstruction or encroachment on public


right of way

Form 6 – Warning letter

Form 7 – Notice to impose payment of a fine

Form 8 – Notice to pay rent

Form 9 – Notice to pay fine

Form 10 - Notice to remedy breach of condition

Form 11 - Notice to revocation

Form 12 - Revocation

Form 13 - Notice to pay money owned to Government by previous


occupier

Form 14 - Notice to abandonment

Form 15 - Declaration of abandonment

Form 16 - Application for certificate of validation

Form 17 - Certificate of validation

Form 18 - Declaration of interest


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(B) GRANTED RIGHT OF OCCUPATION

Form 19 - Application for a right of occupancy

Form 20 - Letter of Offer

Form 21 - Letter of Offer

Form 22 - Certificate of Occupancy

Form 23 - Certificate of Occupancy

Form 24 - Renewal of right of occupancy

Form 25 - Notice requiring holders of customary right of occupancy to


move

Form 26 - Application for registration of offer of right of occupancy

Form 27 - Application for a change/variation of conditions

Form 28 - Approval of change/variation of conditions of right of


occupancy

Form 29 - Notification of a disposition

Form 30 - Application for approval of disposition(s)

Form 31 - Notice not to proceed with a disposition

Form 32 - Notice Requiring Compliance of Disposition

Form 33 - Certificate of approval of disposition

Form 34 - Application for reconsideration of approval for a disposition

Form 35 - Transfer of a right of occupancy

Form 36 - Deed of surrender of a right of occupancy

Form 37 - Deed of exchange

Form 38 - Contract for disposition of a right of occupancy

Form 39 - Register of application of rights of occupancy

(C) MORTGAGE
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Form 40 - Mortgage of a right of occupancy

Form 41 - Mortgage of a lease

Form 42 - Small Mortgage of a right of occupancy

Form 43 - Small mortgage of a lease

Form 44 - Discharge of a mortgage

Form 45 - Notice to pay or perform or observe covenant(s) in the


mortgage

Form 46 - Notice of intention to appoint a receiver

Form 47 - Notice of intention to grant lease of mortgaged land

Form 48 - Notice of intention to enter into possession of the


mortgaged land

Form 49 - Notice to take possession of the mortgaged land

Form 50 - Notice of withdrawal of possession of mortgaged land

Form 51 - Notice of intention to sell mortgaged land

Form 52 - Power to sale of mortgaged land

Form 53 - Notice of application for authority to exercise remedies


under a small mortgage

Form 54 - Contract of mortgage

(D) LEASES

Form 55 - Contract of a Lease

Form 56 - Derivative Right

Form 57 - Notice of intention to terminate lease

(E) EASEMENTS

Form 58 - Grant of an easement


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Form 59 - Application for Cancellation of an Easement

Form 60 - Cancellation of an easement

(F) CO-OCCUPANCY

Form 61 - Instrument of Severance

Form 62 - Application for Partition

Form 63 - Application for Partition

Form 64 - Application for Partition by Court Order

Form 65 - Application for copy of a Certificate of Occupancy

(G) MISCELLANEOUS

Form 66 - Application for a way leave

Form 67 - Application for a communal right of way

Form 68 - Application for enter an injunction in the land register

Form 69 - Notice to land occupier to apply for compensation

Form 70 - Application for compensation by land occupier

Form 71 - Application for reorganize/wind up a land sharing


arrangement

Form 72 - Adjudication record

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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Land Form No. 1


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
DESIGNATION OF LAND FOR INVESTMENT PURPOSES
[Under Section 20]

I, ……………………………………………………………………………………
of …………………………………………………………………………………………..
being Commissioner for Lands, HEREBY DESIGNATE the following land(s)for
investment purposes under the Tanzania Investment Act No. 26 of 1997.

(a) Location of the land ………………………………………………………


………………………………………………………………………………
(b) Boundaries and extend of the land …………………………………………
………………………………………………………………………………
(c) District ……………………………………………………………………...
(d) The purpose(s)for which the land may be used ……………………………..
………………………………………………………………………………
………………………………………………………………………………

Dated at ………………………………… this ………….. day of ………………… 20…...

_________________________
Commissioner for Lands

Copies served upon us:

____________________________________________
Director General of the Tanzania Investment Centre
Date: ……………………………

______________________________________
Authorized Officer in Charge of the District
Date: …………………………….
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Land Form No. 2


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO DECLARE HAZARDOUS LAND


[Under Section 7]

I, ………………………………………… being the Minister for …………………………


…………………………………………… HEREBY GIVE NOTICE that I intend to
declare the following land to be hazardous land.

(a) Description of land …………………………………………………………


(i) C.T. No. ……………………………………………………………
(ii) L.O. No. ……………………………………………………………
(iii) L.D. No. ……………………………………………………………
(b) Location of the land ………………………………………………………..
………………………………………………………………………………
(c) Boundaries and extent of the said land ……………………………………...
………………………………………………………………………………
………………………………………………………………………………
(d) Reasons for declaration ……………………………………………………..
………………………………………………………………………………
………………………………………………………………………………

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.

Dated at ……………………… this ………… day of …………………… 20…………….

____________________
Minister for Lands

Served upon us:

____________________________________________
District Executive/Municipal/Town/City Director
Date: ………………………..
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Land Form No. 3


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF DECLARATION OF HAZARDOUS LAND


[Under Section 7]

I, ………………………………………… being the Minister …..…………………………


……………………………………………….. HEREBY DECLARE the following land to
be hazardous land.

(e) Description of land …………………………………………………………


(i) C.T. No. ……………………………………………………………
(ii) L.O. No. ……………………………………………………………
(iii) L.D. No. ……………………………………………………………
(f) Location of the land ………………………………………………………..
………………………………………………………………………………
(g) Boundaries and extent of the said land ……………………………………...
………………………………………………………………………………
………………………………………………………………………………
(h) Reasons for declaration ……………………………………………………..
………………………………………………………………………………
………………………………………………………………………………

This notice shall come into force thirty days after the date of its publication in the Gazette.

Given under my hand this ………………….. day of ……………………………………….

BY COMMAND OF THE PRESIDENT

_________________________
MINISTER
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Land Form No. 4


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO A PERSON IN UNLAWFUL OCCUPATION OF LAND


[Under Section 175]

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.

Dated this …………………... day of ………………………………………. 20…………

_________________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us:

Name: …………………………………………………….

_________________________
Signature
Date: …………………………

Name: …………………………………………………….

_________________________
Signature
Date: …………………………
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Land Form No. 5


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

ORDER TO REMOVE OBSTRUCTION OR ENCROACHMENT


ON PUBLIC RIGHT OF WAY
[Under Section 176]

Description of Land: …………


C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated this ……………………. day of …………………………………………………….

______________________________
Commissioner for Lands

Served upon me/us


1. ____________________________
Signature

Date: ………………………………

2. ____________________________
Signature

Date: ………………………………
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Land Form No. 6


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

WARNING LETTER
[Under Section 45]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………… this …………… day of ……………………. 20……

________________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us:

_____________________________
Occupier(s)

Date: ……………………
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Land Form No. 7


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO IMPOSE PAYMENT OF A FINE


[Under Section 46]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………… this …………… day of ……………………. 20……

________________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us:

_____________________________
Occupier(s)

Date: ……………………

Land Form No. 8


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THE UNITED REPUBLIC OF TANZANIA


THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO PAY RENT


[Under Section 50]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………
To …………………………………………………………………………………………. of P.O.
Box …………………………………………………………………………………

I, ……………………………………… Authorized Officer, of P.O. Box ……………


…………………………… DO HEREBY require you to pay to me within fourteen (14) days from
the date hereof Tshs. …………………………… being land rent/arrears of rent as shown below:
(i) Land rent for the year ………… Tshs. ……………………………………..
(ii) Arrears for the year …………… Tshs. ……………………………………..
(iii) Penalty ………………………… Tshs. …………………………………….
Total Tshs. …………………………………….
Take further notice that if you do not comply with this notice, I shall file a copy of the said notice in
the Court and it shall be deemed to be a decree passed by such Court against you.

Dated at …………………………… this …………… day of ……………………. 20……

_________________________
Authorized Officer

Served upon me/us:


__________________________
Occupier(s)

Date: ……………………
Certificates:
1. I, …………………………………. Hereby certify that this notice was served at …………..
(time) and placed by me upon the Occupier.

Dated at …………………………… this …………… day of ……………………. 20……

______________________
Authorized Officer

2. I hereby certificate that the amount due and owing is Tshs. ………………………………...

Dated at …………………………… this …………… day of ……………………. 20……


______________________
Authorized Officer
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Land Form No. 9


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO PAY FINE


[Under Section 46]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………… this …………… day of ……………………. 20……

________________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us:

_____________________________
Occupier(s)

Date: ……………………
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Land Form No. 10


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO REMEDY BREACH OF CONDITION


[Under Section 47]
Description of Land: ………..
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………… this …………… day of ……………………. 20……

______________________________
Commissioner for Land

Served upon me/us:

_____________________________
Occupier(s)

Date: ……………………
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Land Form No. 11


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

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.

Dated at …………………………… this …………… day of ……………………. 20……

______________________________________
Commissioner for Land/Authorized Officer

Served upon me/us:


__________________________________
Occupier(s)
Date: ……………………

__________________________________
All persons having an interest in the land
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Date: ………………………
Copy: The Registrar

Land Form No. 12


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

REVOCATION
[Under Section 49]

Description of Land: ………..


C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

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 ……………………………………………………………………….
………………………………………………………………………………………………
………………………………………………………………………………………………

Given under my hand this …………. day of …………………………… 20…………..

BY COMMAND OF THE PRESIDENT

SIGNED and DELIVERED by the above named


………………………………………………………. __________________
in my presence:- MINISTER
Signature: ……………………………………….
Postal Address:……………………………………….
Qualification: ……………………………………….
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Land Form No. 13


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO PAY MONEY OWED TO THE GOVERNMENT


BY PREVIOUS OCCUPIER
[Under Section 49]

Title NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………

I, ……………………………………………………, Commissioner for Lands/Authorized


Officer of ……………………………………………………………………………..,
HEREBY GIVE YOU NOTICE to pay Tshs. …………………………………………….
being the amount which you owe the Government.

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.

Dated at ……………………………. this …………… day of ………………… 20…….

______________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us

_______________________
Occupiers
Date: ………………………
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Land Form No. 14


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF ABANDONMENT
[Under Section 51]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

To ………………………………………………………………………………………….
of P.O. Box …………………………………………………………………………………

I, ……………………………………………………, Commissioner for Lands/Authorized


Officer of ……………………………………………………………………………..,
HEREBY GIVE YOU NOTICE of abandonment of the land the subject of the right of
occupancy registered under the above reference:
1. Location of the Land ………………………………………………………
2. Name(s) of Occupier(s) ……………………………………………………
………………………………………………………………………………
3. Extent and boundaries of the land …………………………………………
………………………………………………………………………………
4. Grounds for determining that the land has been abandoned ………………..
………………………………………………………………………………
Any person claiming to have an interest in the land must show cause, within sixty (60) days
from the date of publication of this notice in the Gazette, why the land should not be
declared to be abandoned.

Dated at ……………………………. this …………… day of ………………… 20…….

______________________________________
Commissioner for Lands/Authorized Officer

Copy: Occupiers at his last known place of abode or


Last known address by registered post.
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Land Form No. 15


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

DECLARATION OF ABANDONMENT
[Under Section 51]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

I, ……………………………………………………, Commissioner for Lands/Authorized


Officer, of …...……………………………………………………………………………..,
HEREBY ISSUE A DECLARATION OF ABANDONMENT of the land the subject of
the right of occupancy registered under the above reference:
1. Location of the Land ………………………………………………………
2. Name(s) of Occupier(s) ……………………………………………………
………………………………………………………………………………
3. Extent and boundaries of the land …………………………………………
………………………………………………………………………………
4. Grounds for determining that the land has been abandoned ………………..
………………………………………………………………………………
…………………………………………………………………….………..
I shall commence proceedings for revocation of the above stated right of occupancy at the
date hereof.

Dated at ……………………………. this …………… day of ………………… 20…….

______________________________________
Commissioner for Lands/Authorized Officer

Copy: Occupiers at his last known place of abode or


Last known address by registered post.
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Land Form No. 16


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR CERTIFICATE OF VALIDATION


[Under Section 53]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 ……………………………………………...
………………………………………………………………………………

I hereby attach certified copies of documents of title in my possession relating to the


disposition.

Dated at ……………………………. this …………… day of ………………… 20…….

_______________________
Applicant/Occupier

Fee: ………………………..
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Land Form No. 17

Photograph

THE UNITED REPUBLIC OF TANZANIA


THE LAND ACT
[CAP 113 R.E. 2002]

CERTIFICATE OF VALIDATION
[Under Section 53]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 …………………………………………………………….

2. Extent and boundaries of the land …………………………………………


………………………………………………………………………………
3. Other information/particulars ………………………………………………
………………………………………………………………………………

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.

Dated at ……………………………. this …………… day of ………………… 20…….

______________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us

_______________________
Occupier(s)
Date: ………………………
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Land Form No. 18


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

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 ……………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………

Dated at ……………………………. this …………… day of ………………… 20…….

___________________________
Signature

Served upon me/us

_______________________
Permanent Secretary
Date: …………………
Or
Commissioner for Land
Date: …………………
- 25 -

Land Form No. 19


TO BE IN DUPLICATE
THE UNITED REPUBLIC OF TANZANIA
Ref. No. …………
THE LAND ACT
[CAP 113 R.E. 2002]
Photo passport size

APPLICATION FOR A RIGHT OF OCCUPANCY


[Under Section 25]

This Application shall be sent to the Commissioner/Authorized Officer


………………………………………
1. I/We hereby apply for the grant of a long-term right of occupancy over the land
…………………
………………………………………………………………………………………………
………..
2. Citizenship
…………………………………………………………………………………………...
3. Purpose/use of land applied
……………………………………………………….…………………
4. I/We hereby declare that I/We hold other land as follows:
………………………………………….
5. Other facts which are relevant to the application e.g. disability, widow/widower orphan,
guardian
………………………………………………………………………………………………
……….
6. Date …………………. Name
…………………………………………………….…………………
7. Business Address
…………………………………………………………………..…………………
Residential Address
………………………………………………………………………………….
I/We declare that what is stated above is true to my/our knowledge
Signature: ………………………………… Fee …………………………………
FOR OFFICE USE
………………………………………………………………………………………………
………………………………………………………………………………………………
………………
- 26 -

REF. NO.
……………………………………………………………………………………………
Acknowledgement of receipts
For Official Use Only:-

(a) Approved/Rejected ………………………..


(b) Remarks …………………………………………..
……………………………………………………
……………………………………………………
_________________________________________
Commissioner for Lands/Authorized Officer

Date ………………………………….

Served upon me/us:

____________________________
Signature of Applicant
Date: ………………
- 27 -

Land Form No. 20


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

LETTER OF OFFER OF RIGHT OF OCCUPANCY


[Under Section 27]

REF: …………………………………………
TO: …………………………………………..
……………………………………………….
Sir/Gentlemen/Madam,

RE: PLOT NO. ……………………………………… BLOCK


…………………………………………….
LOCATION
…………………………………………………………………………………………………..
AREA OF THE PLOT
………………………………………………………………………………………..

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:

1. (i) Term ………………… years …………… from


………………………………………..
(ii) Rent ………………………. per year which is revisable
(iii) User: The land shall used for ……………………………………………… as
defined in the Town and Country Planning (Use classes) Regulations, 1960 Only
one main building/dwelling house together with the usual and necessary
outbuildings shall be built. Commercial use shall not include the sale of vehicle fuels.
(iv) (a) Building to be impermanent materials
(b) Building plans to be submitted to the ……………………………. within
six months from the commencement of the Right
(c) Building construction to begin within six months after approval of the plans
(d) Building to be completed within ………… months from the
commencement of the Right.
(v) Further you must pay fees, charges etc and refund any contribution in lieu of
(vi) You shall 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
your expenses as assessed by the Director of Surveys and Mapping.
2. The following information is required by me:-
- 28 -

(a) Your full name(s) in block letters. Requests to have the Certificate of Occupancy
issued in the name of a person or person other than the offeree shall not be
entertained.
(b) Name of spouse(s)
(c) Your full residential address, giving the house number, name of street and your post
office box number telephone, tax (if any) and your business address.
(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: …………………………

COMMISSIONER FOR LANDS/AUTHORIZED OFFICER


Date: …………………….

Copy to: The ………………………………… Land Officer/Commissioner for Lands


…………………………………
…………………………………
- 29 -

ACCEPTANCE:
6. I/WE ………………………………… hereby accept the offer of right of occupancy on the terms
and conditions contained HEREIN, this ………………………………… day of
………………………………… 20………….
Name(s) …………………………………
Signature/Seal …………………………………
Photo:
Fee

Official Stamp
- 30 -

Land Form No. 21


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

LETTER OF OFFER OF RIGHT OF OCCUPANCY


[Under Section 27]

REF: …………………………………………
TO: …………………………………………..
……………………………………………….
Sir/Gentlemen/Madam,

RE: FARM NO. ……………………………………………………………………………………………….


LOCATION …………………………………………………………………………………………………..
AREA OF THE PLOT ………………………………………………………………………………………..

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:

1. (i) Term ………………… years …………… from ………………………………………..


(ii) Rent ………………………… a year revisable after every ten years.
(iii) User: The land shall used for farming and/or livestock keeping.
(iv) You must pay fees, charges etc and refund any contribution in lieu of rates which may be
paid by the government.
(v) You shall 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 anytime at your expenses as
assessed by the Director of Surveys and Mapping.
2. The following information is required by me:-
(a) Your full name(s) in block letters. Requests to have the Certificate of Occupancy issued in
the name of a person or person other than the offeree shall not be entertained.
(b) Name of spouse(s)
(c) Your full residential address, giving the house number, name of street and your post office
box number telephone, tax (if any) and your business address.
(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 …………………………………
- 31 -

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: …………………………

COMMISSIONER FOR LANDS/AUTHORIZED OFFICER


Date: …………………….

Copy to: The ………………………………… Land Officer/Commissioner for Lands


…………………………………
…………………………………
ACCEPTANCE:
6. I/WE ………………………………… hereby accept the offer of right of occupancy on the terms
and conditions contained HEREIN, this ………………………………… day of
………………………………… 20………….
Name(s) …………………………………
Signature(s) …………………………………
Seal ………………………………… Official Stamp
Photo(s)
Fee
- 32 -

Land Form No. 22


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

CERTIFICATE OF OCCUPANCY
[Under Section 29]
(To be submitted in triplicate)

Title NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

The ……………………………………………. day of …………………… 20………….


This is to certify that ……………………………………………………………………….. of P.O.
Box ……………………………………………………………………………….. (hereinafter
called “the Occupier”) is entitled to the Right of Occupancy (hereinafter called the Right) in Andover
the land described in the Schedule hereto (hereinafter called “the land”) for a term of ……… years
from the first day of ………………….. Two Thousand ……………………… according to the
true intent and meaning of the Land Act and subject to the provisions thereof and to any regulations
made thereunder and to any enactment in substitution therefor or amendment thereof and to the
following special conditions:-

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.

2. The Occupier shall:-

(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:
………………………………………………………………………………………………
………………………………………………………………………………………………
- 33 -

4. The Occupier(s) shall not assign the Right within three years of the date hereof without the
prior approval of the Commissioner.

5. The Occupier(s) shall deliver to the Commissioner notification of disposition in prescribed


form before or at the time the disposition is carried out together with the payment of all
premia, taxes and dues prescribed in connection with that disposition.

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

I/We ………………………………………………………………………………………. the


within named hereby accept the terms and conditions contained in the foregoing Certificate of
Occupancy.

1. SIGNED and DELIVERED by the said


……………………………………………
who is known to me personally/identified
to me by …………………………………
the later being known to me personally
this ……… day of ……………. 20………

Witness’s ………………………………….
Address ……………………………………
Postal Address …………………………….
Qualification ………………………………

2. SEALED with the COMMON SEAL of


…………………………………………….
and DELIVERED in the presence of us SEAL
this ……… day of …………… 20………

Signature ………………………………
Name ………………………………….
Qualification …………………………..

Signature ………………………………
Name ………………………………….
Qualification …………………………..
- 34 -

Land Form No. 23


THE UNITED REPUBLIC OF TANZANIA

THE LAND ACT


[CAP 113 R.E. 2002]

CERTIFICATE OF OCCUPANCY
[Under Section 29]
Title NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

The ……………………………………………. day of …………………… Two Thousand


……….

This is to certify that ………………………………………………………………………………..


(Hereinafter called “the Occupier”/”the Occupiers”) …………………………..…… is/are entitled
to a Right of Occupancy (hereinafter called “the Right”) in and over the land described in the
Schedule hereto. Hereinafter called “the Land”) as joint occupant/occupants in common for a term
of ………… years from the ……… day of …………………… Two Thousand ………………
According to the true intent and meaning of the Land Act and subject to the provisions thereof and
to regulations made thereunder and to any enactment in substitution therefor or amendment thereof
and to the following conditions:-

1. The Occupier(s) having paid rent up to the thirtieth day of ……………………


20………… shall thereafter pay rent of …………………………………………… a year
in advance on the first day of July in every year of the term without any deduction.
PROVIDED that the rent may be revised by the Commissioner for Lands at intervals of
three years.

2. The land shall be used only for farming and or livestock keeping.

3. The Occupier(s) shall:-


(a) Demarcate the boundaries of the land to the satisfaction of ………………………..
(hereinafter called “the Authority”) and thereafter to maintain such demarcation that
the boundaries are always easily identifiable;

(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.

4. The following are the rights of the occupier:-


- 35 -

(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

ALL that land known as ……………………………………………………………………


Shown for identification only edged red on the plan attached to this Certificate and defined on
registered survey plan numbered ………………… deposited at the Office of the Director for
Surveys 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

I/WE, ………………………………………………………… the within named HEREBY accept


the terms and conditions contained in the foregoing Certificate of Occupancy.

SIGNED and DELIVERED by the said ……………………………………………


who is known to me personally this ……… day of ……………. 20…………………

Witness’s ……………………………………………………………………………
Signature ……………………………………………………………………………
Postal Address ………………………………………………………………………
Qualification …………………………………………………………………………

SEALED with the COMMON SEAL of …………………………………………….


and DELIVERED in the presence of us this ……… day of …………… 20………
Signature ……………………………………………………………………………
Name…..……………………………………………………………………………
Signature ……………………………………………………………………………
Qualification Director/Corporation Secretary/Trustee
- 36 -

Land Form No. 24

THE UNITED REPUBLIC OF TANZANIA


THE LAND ACT
[CAP 113 R.E. 2002]

RENEWAL OF RIGHT OF OCCUPANCY


[Under Section 32]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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…………

Dated at …………………………………… this ……….. day of …………….. 20……….

__________________________________________
Commissioner for Lands/Authorized Officer

Served Upon me/us:

_________________________
Occupier(s)

Date: ………………………….
- 37 -

Copy: Registrar
- 38 -

Land Form No. 25


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE REQUIRING HOLDERS OF CUSTOMARY RIGHTS OF


OCCUPANCY TO MOVE
_________
[Under Section 34]
_________

Description of Land …………


………….……………………
………… ……………………
……………………………….

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 ……………………………...
………………………………………………………………………
- 39 -

Dated at ………………………………… this ……… day of …………………. 20………

_______________________________________
Commissioner for Lands/Authorized Officer

Served Upon us:

_________________________
District Commissioner
Date:…………………

_________________________
Chairman, Village Council
Date: ……………………

_________________________
Occupier
Date: ………………….

FOR OFFICIAL USE:

Approved/Refused
Remarks: ……………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
Commissioner for Lands/Authorized Officer
Date: …………………………………………

Served Upon me/us:

_____________________________
Applicant(s)

Date: ……………………………
- 40 -

Land Form No. 26


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR REGISTRATION OF A LETTER OF OFFER


[Under Section 30]

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.

3. The said land is located at ………………………………………………………….

4. My/Our address for service in Tanzania ……………………………………………


………………………………………………………………………………………
………………………………………………………………………………………

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

Declared at ………………………………. this ………. day of …………………………

Before me:

(Signature) ……………………………………
(Qualification) ……………………………….. ………………………………
Signature
Applicant
Fee: …………………
- 41 -

Land Form No. 27


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR CHANGE/VARIATION OF CONDITIONS


[Under Section 35]

Title NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

I/WE ………………………………………………. of ………………………………….


………………………………………………………………………………………………
HEREBY APPLY for CHANGE/VARIATION of the conditions of the right of
occupancy registered under the above reference.

That ………………………………………………………………………………………..
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
(Describe the type of change/variation) ……………………………………………………
………………………………………………………………………………………………

Date: ………………………………….

………………………...
APPLICANT
SIGNATURE
- 42 -

Land Form No. 28


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

approval of change/variation of condition of a right of occupancy


[Under Section 35(4)]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

I, …………………………………………………. Commissioner for Lands/Authorized


Officer of P.O. Box ………………………………………………………………………..
HEREBY APPROVE to the following change/variation of the conditions of the right of
occupancy registered under the above reference.

That ………………………………………………………………………………………
appearing in condition ……………………… of the certificate of occupancy be deleted and
replaced by ………………………………………………………………………………….

__________________________________________
Commissioner for Lands/Authorised Officer

Date: ……………………….

Served Upon me/us:

__________________________
Occupier(s)
Date: ………………….

Copy: The Registrar


- 43 -

Land Form No. 29


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
NOTIFICATION OF A DISPOSITION
[Under Section 36]
(To be submitted in triplicate)

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

TO COMMISSIONER FOR LANDS/


AUTHORISED OFFICER

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/AUTHORISED OFFICER

DATE:…………………………. PLACE ……………………………………………..


Copy: The Registrar
- 44 -

Land Form No. 30

THE UNITED REPUBLIC OF TANZANIA


THE LAND ACT
[CAP 113 R.E. 2002]
APPLICATION FOR APPROVAL OF DISPOSITION (S)
[Under Section 39]

C.T. NO. 45146


L.O. NO162161
L.D. NO.177069

We ……………………………………………………………….. OF P.O. Box ………..


Dar es Salaam (hereinafter referred to as “the Applicant) HEREBY APPLY for
APPROVAL of disposition(s) of a right of occupancy registered under the above reference
on the ………….. day of ……………………….. Nature of disposition- …………..(state
nature of the disposition)
1. Particulars of purchaser/assignee/mortgage (if not a prescribed lender)
………………………………………
2. WE the Applicant(s) supply the following information and or documentation:
a) Sale Agreement
b) Deed of Transfer
c) Notice of Disposition
3. Date: ………………… day of …………………… 200
……………………………………………………………………………………..
APPLICANT (S)

For Official Use Only


a) Approved/Refused
b) Remarks
………………………………………………………………………………

________________________________________
Commissioner for Lands/Authorized Officer
Date: ………………………………………
Served upon me/us
________________________
Signature of Applications
Date: …………………
Fee: …………………
- 45 -

Land Form No. 31


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
NOTICE NOT TO PROCEED WITH A DISPOSITION
[Under Section 38]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

To: …………………………………………
……………………………………………..
of P.O. Box ………………………………..
……………………………………………..
Sir/Madam/Gentlemen,

Reference is made to your Notification of a Disposition dated. in respect of the right


of occupancy registered under the above reference.

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: …………………………
- 46 -

Land Form No. 32


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
NOTICE REQUIRING COMPLIANCE TO DISPOSITION
[Under Section 38]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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: …………………………
- 47 -

Land Form No. 33


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
CERTIFICATE OF APPROVAL OF A DISPOSITION
[Under Section 39]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

I, ………………………………… COMMISSIONER FOR LANDS/AUTHORISED


OFFICER hereby approve the disposition of the right of occupancy under the above
reference subject to the following:
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………

___________________________________________________
COMMISSIONER FOR LANDS/AUTHORISED OFFICER

Date: …………………………

To: Name: ………………………………………………………….


Address: ………………………………………………………..
Copy: The Registrar
- 48 -

Land Form No. 34


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
APPLICATION FOR RECONSIDERATION OF
APPROVAL FOR A DISPOSITION
[Under Section 40]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

TO COMMISSIONER FOR LANDS/


AUTHORISED OFFICER

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)

For Official Use Only


(a) Approved/Refused

(b) Remarks ……………………………………………………………………………


………………………………………………………………………………………
____________________________________________
Commissioner for Lands/Authorized Officer

Date: ……………………..
Served upon me/us
____________________________
Signature of Applicant(s)
Date: …………………….
Fee: ………………
Copy: Registrar
- 49 -

Land Form No. 35


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
TRANSFER OF RIGHT OF OCCUPANCY
[Under Section 62]
C.T. NO. ………………
……………………………………………………………………………………………………….
IN CONSIDERATION OF NATURAL LOVE AND AFFECTION/THE SUM OF Tshs.
……………………………… I, …………………………………………………… HEREBY
TRANSFER to ………………………………………………………………….. the Right of
Occupancy registered under the above reference.
………………………………………………………………………………………………

SIGNED and DELIVERED by the said


……………………………………………………
who is known to me personally/identified to me by ………………………...
……………………………………………………. TRANSFEROR
the latter being known to me personally
this ……….. day of ………………. 20…………

(Witness)
Signature ………………………………………
Qualification ………………………………………
Postal Address: ………………………………………
………………………………………

SIGNED and DELIVERED by the said


…………………………………………………… ……….………………………...
who is known to me personally/identified to me by TRANSFEREE
……………………………………………………. (Stamp Duty on Original and
the latter being known to me personally duplicate paid vide
this ……….. day of ………………. 20………… ERV. No. ……………………...
of ……………………………..
Tshs. …………………………...
(Witness)
Signature ……………………………………… Consent fees paid vide
Qualification ……………………………………… ERV No………………………..
Postal Address: ……………………………………… of Tshs. ……………………….
………………………………………

*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: ……………………
- 50 -

Land Form No. 36


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
DEED OF SURRENDER OF A RIGHT OF OCCUPANCY
[Under Section 43]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………
1. I/WE ……………………………………………………………………………. of
……………………………………………………………… HEREBY SURRENDER the
Right of Occupancy registered under the above reference ………………. to the President
of the United Republic of Tanzania in consideration of natural love and affection.

2. I/WE hereby declare that:


(i) the land is not subject to any subsisting mortgage; charge or encumbrance;/the
lender consents to the surrender;
(ii) the land is not subject to any action in court by a lender to process and sell the land;
(iii) the land is not subject to any action by a trustee in bankruptcy;
(iv) the land is not subject to an order of attachment by any court;
(v) the surrender is not designed to defeat the rights of my spouse(s).

3. My/Our co-occupier has consented in writing by singing at the bottom hereof.

4. My/our certificate of occupancy is enclosed/the lender’s consent is enclosed.

(Signature and Attestation)

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: …………………………

Served upon me/us

________________________________
Applicant

Date: ……………………
- 51 -

Land Form No. 37


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
__________
DEED OF EXCHANGE
[Under Section 62]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

WE…………………………………………………………….. of P.O. Box ……………. and


……………………………………………………………. Of P.O. Box ……………
…………………………………. being holders of the rights of occupancy described in the schedule
HERETO EXCHANGE our respective lands.

Schedule
TITLE NO. L.O. NO. L.D. NO. DESCRIPTION CURRENT
OF THE LAND OWNER

SIGNED and DELIVERED by the said


…………………………………………
who is known to me personally/identified to me
by …………………………………………
the latter being known to me personally in
this ……… day of …………….. 20……..

Witness’s
Signature: ………………………………
Postal address: ………………………………
Qualification: ………………………………

SIGNED and DELIVERED by the said


…………………………………………
who is known to me personally/identified to me
by …………………………………………
the latter being known to me personally in
this ……… day of …………….. 20……..

Witness’s
Signature: ………………………………
Postal address: ………………………………
Qualification: ………………………………
- 52 -

Land Form No. 38


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]
__________
CONTRACT FOR A DISPOSITION OF A RIGHT OF OCCUPANCY
[Under Section 64]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………

I, ……………………………………………………………………………………………
of ………………………………………………………………………………………….
HEREBY AGREE to dispose to ………………………………………………………….
the right of occupancy registered under the above reference:

1. Type of intended disposition ………………………………………………………..


2. Consideration ……………………………………………………………………….
3. Mode of payment of consideration …………………………………………………
4. Date of execution of the deed of disposition ……………………………………….
5. Date of delivery of possession of the property and necessary documentation ………
……………………………………………………………………………………..
6. Covenants binding upon the vendor/transferor ……………………………………
………………………………………………………………………………………
7. Covenants binding upon the purchaser/transferee …………………………………
………………………………………………………………………………………

Dated at ………………………… this ……………. day of ……………….. 20….

__________________________ ______________________________
Signature of the Vendor Signature of the Purchaser
Witness Witness
1. Name: ……………………………. 1. Name ………………………
2. Signature: …………………………. 2. Signature: …………………..
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Land Form No. 39


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

REGISTER OF APPLICATION OF RIGHTS OF OCCUPANCY


[Under Section 25]

S/NO APPLICANT ADDRESS TYPE OF LAND COMMITTEE MEETING


USE DATE DECISION
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Land Form No. 40


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

MORTGAGE OF A RIGHT OF OCCUPANCY


[Under Section 112]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

1. (Signature and attestation): ……………………………


2. (Signature and attestation): …………………………… Fee: …………………

c.c. Spouse of the borrower


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Land Form No. 41

THE UNITED REPUBLIC OF TANZANIA


THE LAND ACT
[CAP 113 R.E. 2002]

MORTGAGE OF A LEASE
[Under Section 112]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 …………………………………………………………………………
………………………………………………………………………………………………

1. (Signature and attestation): ……………………………


2. (Signature and attestation): …………………………… Fee: …………………
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Land Form No. 42


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

SMALL MORTGAGE OF A RIGHT OF OCCUPANCY


[Under Section 114]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

1. (Signature and attestation): ……………………………


2. (Signature and attestation): …………………………… Fee: …………………

c.c. Spouse of the Borrower


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Land Form No. 43


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

SMALL MORTGAGE OF A LEASE


[Under Section 114]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

1. (Signature and attestation): ……………………………


2. (Signature and attestation): …………………………… Fee: …………………

c.c. Spouse of the Borrower


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Land Form No. 44


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

DISCHARGE OF MORTGAGE
[Under Section 120]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

WE,..………………………………………………………………………………………..
………………………………………………………………………………………………
of ………………………………………………………………………………………….
………………………………………………………………………………………………
being the mortgagor and owner/mortgagee, respectively, HEREBY AGREE to the
DISCHARGE of the mortgage registered on Field Document Number
………………………..

1. (Signature and attestation): ……………………………


2. (Signature and attestation): ……………………………
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Land Form No. 45


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO PAY OR PERFORM OR OBSERVE


COVENANT(S) THE MORTGAGE
[Under Section 125]
C.T. NO. ……………………
L.O. NO. ……………………
L.D. NO. ……………………
To: ………………………………….…………………. of P.O. Box ………………………………

I/WE, …………………………………………………… of ………………………………………


HEREBY GIVE YOU NOTICE as follows:
1. That you have defaulted on your obligation to pay the principal of Tshs. …………………
and/or interest or periodic payment of Tshs. ………………………. Under the mortgage
dated ………………… and that under default has continued for ……………. Month(s);

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.

Dated at ……………………………………… this …………. day of …………………….

…………………………………………………………………..
Signature of Lender/Principal Officer of the Lander

Served Upon me at …………………………… this ………… day of ………………………

……………………………………………………………
Borrower/Signature of the Mortgagor
Borrower/Principal Officer of the Mortgagor
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Land Form No. 46


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO APPOINT A RECEIVER


[Under Section 127]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………….. this ………… day of ………………………………

_____________________________________________________
Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. day of ……………………………

____________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
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Land Form No. 47


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO GRANT LEASE


OF MORTGAGED LAND
[Under Section 128]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………….. this ………… day of ………………………………

____________________________________________________
Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. day of ……………………………

_____________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
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Land Form No. 48


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO ENTER INTO POSSESSION


OF THE MORTGAGED LAND
[Under Section 129]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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

Dated at …………………………….. this ………… day of ………………………………

_______________________________________________
Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. Day of ……………………………

________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor
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Land Form No. 49


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE to take possession of the mortgaged land


[Under Section 129]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………….. this ………… day of ………………………………

_______________________________________________
Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. Day of ………………… 20………

_________________________________
Signature of the Lessee/Occupier

________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor

________________________________
Signature of Lessee/Occupier
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Land Form No. 50


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF WITHDRAWAL OF POSSESSION OF MORTGAGED LAND


[Under Section 130]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at …………………………….. this ………… day of ………………………………

_______________________________________________
Signature of the Lender/Principal Officer of the Lander

Served Upon me at ………………… this …………. day of ……………………………

__________________________________________________
Signature of the Borrower/Mortgagor/Principal Officer
of the Borrower/Mortgagor

______________________________
Signature of the Lessee Occupier
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Land Form No. 51


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO SELL MORTGAGED LAND


[Under Section 131]

PLOT No. 25
Msasani Village
Dar es Salaam
C.T. NO 21904
L.O. NO. ……………………
L.D. NO. ……………………

To: MUNIR ABDALLAH AHMED of Post Office Box Number 195 DAR ES
SALAAM

WE, KENYA COMMERCIAL BANK (T) LIMITED of Post Office Box Number, 804
Dar es Salaam.

HEREBY GIVE YOU NOTICE that WE shall sell the mortgaged land by public
auction at the expiration of fortfive days from the date of service of this
notice upon you.

Dated at Dar es Salaam this ………… day of ………………………2004

________________________________________________
Signature of the Principal Officer of the Lender

Served Upon me at Dar es Salaam this ……. Day of ………………2004

________________________________________
Borrower/Mortgagor
Date: ……………..

_____________________________________
Spouse of the Borrower/Mortgagor
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Date: …………………..

Land Form No. 52


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

POWER OF SALE OF MORTGAGED LAND


[Under Section 133]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

In consideration of the sum of ……………………………………………………………

I/WE, ……………………………………… of …………………………………………………...


in exercise of the power of sale conferred by the mortgage registered as Filed Document Number
………………………. HEREBY TRANSFER to ………………………………. the right of
occupancy registered under the above reference discharged from the said mortgage.

SIGNED and DELIVERED by the said


……………………………………………………
who is known to me personally/identified to me by
……………………………………………………
the latter being known to me in personally
this …………… day of …………………………… Lender
Witness’s Signature …………………………………
…………………………………………. …………
Postal Address ………………………………………
Qualification …………………………………….….

SIGNED and DELIVERED by the said


……………………………………………………
who is known to me personally/identified to me by
……………………………………………………
the latter being known to me in personally Purchaser
this …………… day of ……………………………
Witness’s Signature …………………………………
…………………………………………. …………
Postal Address ………………………………………
Qualification …………………………………….….

SIGNED and DELIVERED by the said


……………………………………………………
who is known to me personally/identified to me by
……………………………………………………
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the latter being known to me in personally Guarantor of the


this …………… day of …………………………… Borrower/Mortgagor
Witness’s Signature …………………………………
…………………………………………. …………
Postal Address ………………………………………
Qualification …………………………………….….

Land Form No. 53


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF APPLICATION FOR AUTHORITY TO EXERCISE


REMEDIES UNDER A SMALL MORTGAGE
[Under Section 138]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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

Served Upon me at ………………… this …………. day of ……………………………

______________________________________
Signature of the Borrower/Mortgagor
Date: ………………………………

______________________________
Spouse(s)of the Borrower
Date: ……………………

_______________________________
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Other Mortgagor
Date: ……………

________________________________
Prior Mortgagee
Date: …………
Land Form No. 54
THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

CONTRACT OF MORTGAGE
[Under Section 64]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 ……………………………………………………………..

1. Particulars of the Borrower …………………………………………………………


2. Particulars of the Lender (state whether a “prescribed lender”)
………………………………………………………………………………………
3. (a) Loan (state whether term loan or overdraft) ………………………………
(b) Purpose of term loan/overdraft ……………………………………………
4. Rate of interest ……………………………………………………………………
5. Description of the property to be mortgaged ………………………………………..
6. Terms of repayment ………………………………………………………………..
7. Duration of the mortgage ………………………………………………………….
8. Date of execution of the mortgage deed/date of creation of the lien by deposit of
documents …………………………………………………………………………
9. Covenants by the Borrower/Mortgagor ……………………………………………
10. Representations and Warranties by the Borrower/Mortgagor ……………………….
11. Events of default ……………………………………………………………………
12. Notice ………………………………………………………………………………

Dated at …………………………….. this ………… day of ………………………………

__________________________ ______________________________
Mortgagor/Borrower Signature of the Lender

Witness Witness:
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1. Name:…………………………. 1. Name:………………………
2. Signature:……………………… 2. Signature:……………………
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Land Form No. 55


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

CONTRACT OF LEASE
[Under Section 64]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 ………………………………………………………………………………

Dated at …………………………….. this ………… day of ………………………………

__________________________ ______________________________
Signature of the Lessor Signature of the Lessee

Witness Witness:
1. Name:…………………………. 1. Name:………………………
2. Signature:……………………… 2. Signature:……………………
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Land Form No. 56


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

DERIVATIVE RIGHT
[Under Section 20]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

Made and entered into this ………… day of …………………………… 20………………

BETWEEN

TANZANIA INVESTMENT CENTRE

A Body Corporate established under the TANZANIA INVESTMENT ACT NO. 26 of


1997 by order published in the Official Gazette as Government Notice No. 291 of 1997,
(hereinafter referred to as “the Lessor”) on the one part

AND

M/S ……………………………………………………………………..
(hereinafter referred to as “the lessee”) on the other part

THIS LEASE WITNESSES as follows:

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 ………………………

2. ERECT or case to be erected on the land a building or buildings (hereinafter referred


to as “the improvements”) in such materials and in accordance with specifications as
the Lessor may require, and to that end shall:-
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(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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PART B: THE LESSOR SHALL


1. ENSURE that the lessee paying rent and/or other charges hereby reserved in
PART “A” Clause 1 hereof and complying with other terms and conditions
hereinbefore contained shall peaceably and quietly hold and enjoy the land and
improvements during the said term without interruption from the Lessor or any
other person claiming under or in trust for the Lessor.

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.

I, the within-named …………………………………………… hereby accept the terms


and conditions contained in the foregoing Lease Agreement.

1. SIGNED and DELIVERED by the said


………………………………………………
who is known to be personally ………………
……………………………………………….
the latter being known to me personally in
my presence this ……. day of ………… 20…

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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Land Form No. 57


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE OF INTENTION TO TERMINATE LEASE


[Under Section 105]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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 pay Tshs. ………………………………………………………………


to remedy the breach and to reimburse my reasonable expenses in the sum of Tshs.
………………………………….

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.

Dated at ……………………………… this ………… day of ……………………………

____________________________________
Lessor/Principal Officer of the Lessor

Served Upon me/us:

__________________________________
Lessee/Principal Officer of the Lessee
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Land Form No. 58


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

GRANT OF AN EASEMENT
[Under Section 146]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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:

(a) Location of the Land ……………………………………………………….


(b) The boundaries and extend of the land …………………………………….

This easement is granted for an indefinite period/a period of ………… years and subject to
the following conditions, limitations or restrictions …………………………………
………………………………………………………………………………………………

A plant sufficient to define the easement is attached hereto.

Dated at ……………………………… this ……… day of ……………………………….

Attestation Clause ……………………………………


Holder of Dominant Land
Signed ……………………………………………….

Served upon us:

__________________________
Signature of Servient

Fee: …………………….
Endorsement by Registrar
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Land Form No. 59


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR CANCELLATION OF AN EASEMENT


[Under Section 150]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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. ……………………………………………………
……………………………………………………

Dated at ………………………………. this ………… day of ……………… 20………..

___________________________________
Signature of Occupier of Servient Land

Served Upon:

1. Registrar:
Name: ……………………………………………………
Signature: ……………………………………………………
Date ……………………………………………………

2. Occupier of dominant land:


Name: ……………………………………………………
Signature: ……………………………………………………
Date: ……………………………………………………
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Land Form No. 60


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

CANCELLATION OF AN EASEMENT
[Under Section 150]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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. ………………………….

Dated at ……………………………… this …………… day of ………..…………………

______________________________________________________
Signature of Occupier of Dominant Land and Attestation

I consent

_____________________________
Signature of Lessee/Lender

Fee: …………………….
Endorsed by the Registrar
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Land Form No. 61


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

INSTRUMENT OF SEVERANCE
[Under Section 159]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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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Land Form No. 62


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR PARTITION


[Under Section 162]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at ……………………………… this …………… day of ………..…………………

_____________________________
Signature of the Applicant
Date: ……………………

____________________________
Signature of Co-occupier
Date: ………………….

____________________________
Signature of Co-occupier
Date: …………………..

Fee: …………………….
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Land Form No. 63


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR PARTITION


[Under Section 162]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at ……………………………… this …………… day of ………..…………………

_____________________________
Signatures
Date: ……………………

Fee: …………………….
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Land Form No. 64


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR PARTITION BY COURT ORDER


[Under Section 162]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at ……………………………… this …………… day of ………..…………………

_____________________________
Signature of the Applicant
Date: ……………………

Fee: …………………….
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Land Form No. 65


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR COPY OF CERTIFICATE OF OCCUPANCY


[Under Section 160]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

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.

Dated at ……………………………… this …………… day of ………..…………………

_________________________________
Signature of Occupier(s) in Common
Date: ……………………

Fee: …………………….
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Land Form No. 66


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR A WAYLEAVE


[Under Section 152]

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

Dated at ……………………………… this …………… day of ………..…………………

______________________________
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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Land Form No. 67


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR A COMMUNAL RIGHT OF WAY


[Under Section 153]

I/WE………………………………………… being ……………………………………..


of …………………………………………………………………………………………..
HEREBY APPLY for a communal right of ay over the following land(s) (if contiguous)
(i) ………………………………………………………………………………
(ii) ………………………………………………………………………………
(iii) ………………………………………………………………………………
For the following reasons …………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
Attached is sketch plan indicating the proposed communal right of way.

Dated at ……………………………… this …………… day of ………..…………………

______________________________
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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Land Form No. 68


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION TO ENTER AN INJUNCTION IN THE LAND REGISTER


[Under Section 38]

C.T. NO. ……………………


L.O. NO. ……………………
L.D. NO. ……………………

I, ……………………………………………….……... COMMISSIONER FOR LANDS/


AUTHORISED OFFICER of …………………………………………………………
Whereas I am satisfied that there is reasonable cause to believe that a disposition has been/is
in the process of being affected by …………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
(State Circumstances) HEREBY APPLY to enter an injunction in the land register to
prevent a disposition to take place in respect of the land under the above reference.

SIGNED and DELIVERED by …………………..


the above mentioned …………………………………
…………………..……………………… …………..
who is known to me personally
this ………. day of …………. 20……..

BEFORE ME:

Signature: ……………………………………… ________________________


Address: ……………………………………… Commissioner for Lands/
Qualification: ……………………………………… Authorised Officer
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Land Form No. 69


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

NOTICE TO LAND OCCUPIER TO APPLY FOR COMPENSATION


[Made under regulation 6 of the Land (Compensation Claims)
Regulations 2001]

To: ………………………………… Ref. No……………………………………..


…………………………………
…………………………………
I, ……………………………………………………………… Commissioner for Lands/
Authorised Officer of ……………………………………… hereby give notice that you are
entitled to claim compensation under Section …………… of the Act for any loss caused or
likely to be cause ……………………………………………………………………………
………………………………………………………………………………………………

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.

Dated at ……………………………… this ………… day of …………………………….

________________________________________
Commissioner for Lands/Authorized Officer

Served upon me/us:

Occupier(s) of Land
Name:………………………………………………
Signature/Thumbprint ……………………………..
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Land Form No. 70


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION FOR COMPENSATION BY LAND OCCUPIER


[Made under regulation 8 of the Land (Compensation Claims)
Regulations 2001]

1. Full Name(s) Sex: Male/Female


(Surname first) Age:
…………………………………………… …………………………….
2. Address: ……………………………………………………………………………
………………………………………………………………………………………
3. Marital status: ………………………………………………………………………
4. Children living with me ……………………………………………………………..
5. Location of the land the subject of the claim:
Village: ………………………………………………………………………………
District: ……………………………………………………………………………..
Street/Road ………………………………………………………………………....

6. Other particulars:
C.T. No. ……………………………………………………………………………
L.O. No. ……………………………………………………………………………
L.D. No. ……………………………………………………………………………

7. Approximate area of the land ……………………………………………………….


8. Current use of the land ……………………………………………………………...
9. Interest inland for which compensation is claimed:
Granted right of occupancy Yes/No
Customary right of occupancy Yes/No
Occupier ……………………………. Yes/No
Derivative right ……………………… Yes/No
Amount claimed Shs. ……………………………………………………………….
10. Other rights:
a) Unexhausted improvements Shs. ……………………………………………
c) Grazing land Shs.
……………………………………………………………

Name: …………………………………………………………………….

Signature/Thumbprint ……………………………………………………

Date: ………………………………………………
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Date: …………………………
………………………………..…………………
…………………………………………………..
Signatures of Representatives of the First Group

Lodged in the Registrar at ……………………… this ……… day of …………… 20…….

………………………………
Registry Officer/Clerk

Served upon us:

……………………………………………………
(Members of the Second Group)
Date: ………………………….

Or
……………………………………………………
……………………………………………………
(Trustees of the Association of the Second Group)
Date: …..…………………..

Chairman of Village Council


Date: ……………………..

Secretary of Village Council


Date: …………………….

Commissioner for Lands/Authorized Officer


Date: ……………………..
Any other Person:

1. Name: …………………………………….
2. Signature: …………………………………
Fee: ……………………………………….
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Land Form No. 71


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

APPLICATION TO REORGANISE/WIND UP A LAND SHARING


ARRANGEMENT
[Made under Sections 166 and 179]

IN THE VILLAGE LAND COUNCIL/WARD TRIBUNAL/DISTRICT LAND AND


HOUSING TRIBUNAL/LAND DIVISION OF THE HIGH COURT OF TANZANIA
OF ……………………………VILLAGE, ………………. DISTRICT at ………………..
WE (1) ……………………………………… (2) ………………………………………….
(3) ……………………………………………… being representatives of the group of
persons using land at ………………….. in the ………………………………. Village,
……………………. District for pastoral/agricultural purposes (hereinafter referred to as
“the First Group”) under a Land Sharing Arrangement with the group using the said land
for pastoral/agricultural purposes (hereinafter referred to as “the Second Group”) adopted
by the adjudication officer/committee on the ………… day of …………….. 20……
HEREBY APPLY that the said Land Sharing Arrangement be reorganized as follows:

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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Land Form No. 72


THE UNITED REPUBLIC OF TANZANIA
THE LAND ACT
[CAP 113 R.E. 2002]

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

Dar es Salaam G. CHEYO


3rd May, 2001 Minister for Lands and Human
Settlement Development
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GOVERNMENT NOTICE No. 72 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND REGULATIONS, 2001


______________

(Made under Sections 12 and 179)


______________

THE LAND (ALLOCATION COMMITTEES) REGULATIONS, 2001

PART I
PRELIMINARY

1. These Regulations may be cited as the Land (Allocation Citation

Committees), Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized officer” has the meaning ascribed to this expression


by the Land Act;

“Chief Executive Officer” means the Town Director, Municipal


Director as the case may be;

“Commissioner” means the Commissioner for Lands;

“District Authority” means a district authority established or


deemed to have been established under and governed by the
Local Government (District Authorities) Act No. 7 of 1982;

“Ministry” means the Ministry responsible for lands;

“Urban authority” means an urban authority established or


deemed to have been established under and governed by the
Local Government (Urban Authorities) Act No. 8 of 1982.
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PART II
ESTABLISHMENT OF LAND ALLOCATION COMMITTEES

3. There is hereby established in every district authority, every urban Committee

authority and at the Ministry’s headquarters a Land Allocation Committee


(hereinafter referred to as “the Committee”)

4. The composition of the Committee shall be: Corporation

A. At the District Authority Level


(i) The District Executive Director in-charge of the District as
Chairman;
(ii) Authorized Officer as Secretary;
(iii) Surveyor in-charge,
(iv) Town Planner in-charge;
(v) Two councillors one of whom shall be a woman;
(vi) Any two other officers representing other sectors which the
district authority deems appropriate.

B. At the Urban Authority Level


(i) Chief Executive Officer of the authority, as Chairman,
(ii) “Authorized Officer” as Secretary
(iii) surveyor in-charge,
(iv) Town Planner in-charge,
(v) Two councillor one of whom shall be a woman,
(vi) Any two other officers representing other sectors which the
urban authority deems appropriate.

C. At the Ministry’s headquarters/or Central Level:


(i) The Commissioner, as Chairman,
(ii) One “authorized officer” and appointed by the
Commissioner, who shall be the Secretary; but shall not
vote,
(iii) The Director of Surveys and Mapping;
(iv) The Director of Human Settlements (DHS);
(v) Director responsible for gender from the Ministry of
Community Development, Women and Children Affairs,
(vi) Director of Local Government from the President’s Office
– Regional Administration and Local Government,
(vii) Director of Livestock from the Ministry of Livestock and
Water,
(viii) Director of Tourism from the Ministry of Natural Resources
and Tourism,
(ix) Director responsible for Investment from the President’s
Office – Planning Commission;
(x) One representative from the Ministry of Defence.
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5. Membership of the Committee shall terminate on ceasing to hold Tenure

the relevant central/local government post (for whatever reason including


revocation of the designation “authorized officer”) or revocation of these
regulations which ever occurs first.

6. (a) The quorum at District and Urban authority level shall be Quorum

half of the number of members including Chairman and


Secretary.

b) The quorum at Central level shall be half of the number of


members including the Chairman.

7. The Committee shall meet at such times, intervals and places as the Meeting

Chairman may determine.

8. Decision at any meeting of the Committee shall be made primarily Voting

by consensus and where consensus is not reached the decision shall be by


majority of members present and voting and in case of equality of votes the
Chairman shall have a casting vote in his deliberative vote.

9. The functions of the Committees shall be to allocate land at the Functions

following levels-

A. At the district authority level (excluding land within


boundaries of an urban authority) in report to-

(i) Plots for central/local government offices;


(ii) Plots for residential, commercial/trade and service purposes;
(iii) Plots for hotels, heavy and light/small industries;
(iv) Plots for religious and charitable purposes;
(v) Farms not exceeding five hundred (500) acres subject to the
approval of the Minister;
(vi) Land for other purposes not specified above.

B. At the urban authority level in respect to-


(i) Plots for central/local government offices;
(ii) Plots for residential, commercial/trade and service purposes;
(iii) Plots for hotels, heavy and light/small industries;
(iv) Plots for religious and charitable purposes;
(v) Land for urban farming;
(vi) Land for other purposes not specified above.

C. At the Ministry’s headquarters or Central level in respect to-


(i) Land for creation of new urban centres;
(ii) Plots for foreign missions;
(iii) Beach areas and small islands;
(iv) Plots for housing estates exceeding an area of five hectares;
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(v) Land for allocation to the Tanzania Investment Centre for


investment purposes under the Tanzania Investment Act, Act No. 26 of 1997
1997;
(vi) Land for use of activities, which are of interest of national
interest.

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-

(a) Names of successful applicants; and


(b) Location of land
(c) Where the Minister has directed that any portion of general
land be allocated by way of auction or tender, the
Committee shall at least twenty one days before the meeting
of the Committee give notice to the public in such a manner
as may bring notice to the attention of all interested persons
to such land indicating:-

(i) precise number of plots, and


(ii) the location of land.

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

consider the following factors-

(a) the applicant’s ability to develop the land in accordance with


development conditions;

(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;

(d) basis of first in first our;

(e) principles of equity, reasonableness, fairness and gender


balance;

(f) the needs of disadvantaged groups.


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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-

(a) the local government authority having jurisdiction in the


area on all day to day operations; and

(b) the Minister on all technical land matters.

(2) A Land Allocation Committee established at the Central


Government shall be answerable to, and be accountable to the Minister.

(3) The role of the Regional Commissioner and District


Commissioner in relation to the Land Allocation Committee established
within their arrears of jurisdiction, shall be to investigate the legality when
questioned of actions and decision of such committees, shall inform the
Minister accordingly or take such other appropriate action as may be
required.

14.- (1) An Applicant who is aggrieved by a decision of the Appeals

Committee at any level may appeal to the District land and Housing
Tribunal.

(2) The appellate authorities shall be guided by the following


principles-

(a) that appeals are lodged timeously and informally;

(b) that the appellant is afforded the right to be heard; and

(c) that the appeal is heard and determined expediously and


without undue delay.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 73 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND (CONDUCT OF AUCTIONS AND TENDERS)


REGULATIONS, 2001
______________

(Made under Sections 52 and 179)


______________

PART I
PRELIMINARY

1. These Regulations may be cited as the Land (Conduct of Auctions Citation

and Tenders), Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized officer” has the meaning ascribed to this expression


by the Land Act;

“Committee” means the land allocation committee established


under section 12 of the Act;

“Commissioner” means the Commissioner for Lands;

“Ministry” means the Ministry responsible for lands;

“Minister” means the Minister responsible for land.

PART II
GENERAL

3.- (1) Prime residential, commercial and industrial land will be Tender and auction

allocated in a transparent manner such as open tender or auction.

(2) The local government authority shall recommend to the


Commissioner, areas of land that maybe made available by tender or
auction.
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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.

8. Every auction shall be conducted by the Agent in he presence of an Presence of


authorised officer
authorized officer.

9. The Agent shall declare as winner the name of the highest bidder if Highest bidder

his bid is higher than the reserved price.

10.- (1) The winner shall immediately, on the spot, pay or cause to Payment

be paid by bankers cheque to the Ministry and in the name of the


Permanent Secretary of the Ministry through the Agent twenty five percent
of the purchase price. The balance of the purchase price shall be paid to the
Ministry through the Agent within sixty (60) days of the date of the auction.

(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.

(4) The agent shall send a report to the respective local


government authority or to the Ministry as the case may be, in respect to
the winner of the auction and the purchase price of that land.
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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

referred to the District Land and Housing Tribunal.

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

by post or by hand must be placed, unopened, in a locked box provided for


the purpose and where tenders are received by an officer empowered to
deal with them he should initial and then stamp the envelopes with the
official date stamp immediately they are received by him before placing
them in the box.

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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it is below the reserved price or if it is considered not to be in the public


interest to do so; details of the reasons for not accepting the highest tender
shall be recorded in the minutes.

19. Minutes of meetings shall be recorded by the Secretary and signed Minutes

by the Chairman after confirmation by the Committee.

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.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 74 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND (DISPOSITION OF RIGHT OF


OCCUPANCY) REGULATIONS, 2001
______________

(Made under Sections 37 and 179)


______________

1. These Regulations shall be cited as the Land (Dispositions of Citation

Rights of Occupancy) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;


“Authorized officer” has the meaning ascribed to it by the Act;
“Commissioner” means the Commissioner for Lands;
“disposition” has the meaning ascribed to it by the Act.

3. The following dispositions shall require approval under the Act- Approval

(a) assignment of a right of occupancy which was granted to the


assignor less than three years before the proposed
assignment is to take effect;

(b) a loan granted on the security of every mortgage of a right


of occupancy or mortgage of a lease;

(c) partition of land granted under a right of occupancy;


(d) creation of an easement;
(e) transfer;
(f) sale;
(g) grant;
(h) surrender.

4. (1) For the purposes of this regulation the term “assignment” No approval

shall not include “transfer”.

(2) The following dispositions shall not require approval under


the Act:
(a) an assignment of a right of occupancy which was granted to
the assignor three years or more before the proposed
assignment is to take effect;
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(b) a mortgage of a right of occupancy or mortgage of a lease by


a prescribed lender;

(c) a sale of mortgaged land or mortgaged lease by a mortgagee


in the exercise of the power of sale under Section 131 of the
Act;

(d) a lease of a mortgaged land or mortgaged lease by a


mortgagee in the exercise of power lease under 128 of the
Act;

(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.

(2) Every application for a grant of approval for a disposition –

(a) shall be made on a prescribed form;

(b) signed by all the applicants;

(c) shall be accompanied by the certificate of occupancy or


letter of offer three sets of the deed of disposition and
evidence of payment of all rent, taxes, and dues owned to
the Government in respect of the current financial years;

(d) shall be submitted to an authorized officer of the area in


which he is situate.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development

*
(Sic! usufructuary - LAA)
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GOVERNMENT NOTICE No. 75 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND (SMALL MORTGAGES)


REGULATIONS, 2001
______________

(Made under Sections 114 and 179)


______________

1. These Regulations shall be cited as the Land (Small Mortgages) Citation

Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized officer” has the meaning ascribed to it by the Act;

“Commissioner” means the Commissioner for Lands;

“Minister” means the Minister responsible for lands;

“Small mortgage” means a mortgage for a term not exceeding three


years and for a sum not greater than five hundred thousand
shillings.

3. No small mortgage shall have a term exceeding three years. Term

4. No small mortgage shall secure a sum of money greater than five Maximum sum

hundred thousand shillings, unless there is an order by the Minister to


change that sum.

5.- (1) The Commissioner shall have a duty to advise the Minister Consultation

on the possibility to change the maximum sum under a small mortgage.

(2) A body or organization which represent interests of bankers


or lenders on security of mortgage shall have duty to advise the Minister on
the possibility to change the maximum sum under a small mortgage.

6.- (1) Every instrument for a small mortgage shall provide for the Instrument of a small
mortgage
following matters:
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(a) name of the borrower;

(b) name of the lender;

(c) description of the land which is the subject to the


mortgage;

(d) description of developments on the land, if any, and


if non so to state;

(e) nature of interests in the land-


(i) Right of Occupancy; or
(ii) Lease;

(f) whether the interest is registered or not, if registered,


reference number(s) of registration;

(g) the sum secured under the small mortgage including


an overdraft, existing or a future or contingent debt;

(h) the need for a memorandum in case of reducing or


increasing secured amount under the small
mortgage;

(i) payable interest rate under the small mortgage and


the requirement for not less than thirty days notice
upon revision.

(2) Other conditions include:

(a) the lender to give a copy of the small mortgage instrument


to the borrower’s spouse(s) where the borrower is married
and any other person with an obligation under the mortgage;

(b) a statement that the small mortgage does not operate as a


transfer of the right of occupancy or lease, as the case may
be, but takes effect as security only;

(c) priority or ranking according to order of registration;

(d) tacking or further advances or credit on a current or


continuing account;

(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;

(g) default notices;

(h) remedies available to the lender upon borrower’s default;

(i) manner of calculating interest on the principal sum and time


or dates when interest shall be deemed due or to have
accrued;

(j) the borrower’s duty to maintain the security in good


condition and repair;

(k) the borrower’s duty to pay all outgoings such as rent, rates,
taxes duties and levies;

(l) the lender’s right to inspect the mortgaged land or property;

(m) the borrower’s equitable right of redemption.

7. Every borrower shall have a duty to notify the Commissioner or Notification

authorised officer the intention to carry out a small mortgage.

8. For avoidance of doubt, the following are the only remedies for Protections

which the lender is required to obtain an order of the court if exercised-

(a) appointment of a receiver of income of the mortgaged land;

(b) leasing the mortgaged land or subleasing of the mortgaged


lease;

(c) entering into possession of mortgaged land.

9. Unless otherwise expressly declared, customary mortgages shall be Customary


mortgages
governed by customary law.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 76 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (FUNCTIONS OF AUTHORISED OFFICERS)


REGULATIONS, 2001
______________

(Made under Sections 179)


______________

1. These Regulations shall be cited as the Land (Functions of Citation

Authorised Officer) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;


“Authorized officer” has the meaning ascribed to it by section 2 of
the Act;
“Commissioner” means the Commissioner for Lands;

3. The function of the Commissioner prescribed under the provisions Delegation of


Functions
of the Act as shown in the first column are the delegated functions of any
authorized officer as set out in the second column of the First Schedule of
these Regulations.

4. (1) Every authorized officer shall in addition to the delegated Addition functions

functions perform the functions as shown in the Second Schedule.

Notwithstanding the provisions of regulation 3 and sub-regulation


of this regulation, an authorized officer may:
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(a) Advise the Commissioner and Local Government


Authorities with regard to all his functions under the Act;

(b) Perform any other functions which the Commissioner may


authorize in writing.

5. Whenever an authorized officer is required by the Act to make a Reasons for


determination
determination affecting or likely to affect the right of any person and makes
a determination which is adverse to that person he/she shall give that
person reason or reasons for that determination.

6. No authorized officer shall exercise any functions in any matter Conflict of Interest

concerning land in which he/she or any member of his/her immediate


family has an interest.

7. Every authorized officer who is a secretary of a Land Allocation Annual Report

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.

8. Every authorized officer working in a local Authority with directors Answerable to


Commissioner
and have regard to circulars of the Commissioner shall comply to the
directions of and answerable to the Commissioner.
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FIRST SCHEDULE – (Regulation 3)


DELEGATED FUNCTION
Section Statement of Functions

5 To receive representations on proposed transfer of general or reserved land to


village land and to prepare a report thereon.

7 To receive representations on proposed declaration of hazardous land and to


prepare a report thereon.

25 To receive applications for rights of occupancy and to maintain register of


applications.

27 To sign letters of offer of right of occupancy subject to gazzettment.

31, 33 To require premium and rent.

32 To sign letter of offer for renewal of a Right of Occupancy subject to


gazzettment.

35 To receive application for change of use.

36 To receive and endorse notifications of dispositions of rights of occupancy.

37 To approve dispositions

38 To issue notice to parties to a disposition.

39 To receive applications for grant of approval for disposition.

42 To receive and forward surrender of rights of occupancy to Commissioner


for Lands.

43 Notification of determination of surrender to the Occupier.

45-47 All functions relating to breach of conditions of right of occupancy and


signing of notice of revocation.

51 To sign and publish notice of abandonment of land and to sign declaration of


abandonment of land.

53 To receive applications for certificate of validation and to sign and issue


certificates of validation.

59 To propose creation of wayleave.


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152, 153 To receive applications for communal right of ay and wayleave and to
complete form for creation of wayleave.

153 To propose creation of public right of ay.

168 To order substituted service.

169 To publish notices in newspapers and the Gazette.

170 Exercise powers to enter and inspect any land.

171 Exercise power to call for information from an occupier.

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.

______________

SECOND SCHEDULE – (Regulation 3)


ADDITIONAL FUNCTIONS

(a) To assist any person appointed under section 18 to hold an


inquiry under SS 5, 58 and 154 of the Act.

(b) To identity and recommend to the Commissioner the land to be


designated for investment purposes under S.20 of the Act.

(c) To recommend to the Commissioner conditions to be imposed


on rights of occupancy under S.34 of the Act.

(d) To recommend to the Commissioner ceiling on land occupancy


under S.21 of the Act.

(e) To recommend to the Commissioner areas to be declared areas of


regularization under S.58 of the Act.

(f) To receive and to forward to the Commissioner views,


representations and objections from members of the public under
sections 58 and 154 of the Act.

(g) To make necessary arrangements for the assessment of


compensation that may be payable under sections
5,7,22,34,49,54,60, 156 or any other provision of the Act.
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(h) To receive applications or claims for compensation under Sections


5, 7, 22, 34, 49, 54, 60, 156 or any other provisions of the Act and
to forward such applications to the Land Compensation Fund;

(i) To receive applications or claims for compensation under Section


156 of the Act and to forward such applications to the relevant
non-governmental corporate body, association or group of
persons in whose favour a public right of way is created.

(j) To provide information and guidance o a general character either


orally or in writing to members of the public in connection with
land matter and the implementation of the Act S.13 (1).

(k) To provide information and assistance to relevant state officials


for the prosecution of offenders under SS. 15, 177 and 178 of the
Act.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 77 published on 4/5/2001

THE LAND ACT


[CAP 113 R.E. 2002]
__________

THE LAND (CONDITIONS OF RIGHTS OF OCCUPANCY)


REGULATIONS 2001
______________

(Made under Sections 34 and 179)


______________

1. These Regulations shall be cited as the Land (Conditions of Citation

Rights of Occupancy) Regulations, 2001.

2. In these Regulations unless the context otherwise requires- Interpretation

“Act” means THE LAND ACT;

“authorized officer” has the meaning ascribed to it by the Act;

“Commissioner” means the Commissioner for Lands;

“peri-urban area” has the meaning ascribed to it by the Act;

“planning area” has the meaning ascribed to it by the Town and Cap. 378

Country Planning Ordinance;

“occupier” means the holder of a granted right of occupancy;

“re-development area” has the meaning a scribed to it by the Town Cap. 378
and Country Planning Ordinance;

“urban area” has the meaning ascribed to it by the Act.

3. Every right of occupancy shall be subject to any development or Express conditions

other conditions which may be prescribed or the Commissioner may


impose and which are not inconsistent with the Act.

4. Every occupier shall maintain and repair any boundary mark made Boundaries

or erected by or under the direction of any Government department or in


the course of or for the purpose of a Government survey and which
demarcates the boundary or the land held by him under a granted right of
occupancy or lies within the area thereof.
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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

in a Planning area or in any urban or peri-urban area is undeveloped land or


land in a redevelopment area the occupier thereof shall apply for planning
consent under the Town and Country Planning (Application for GN No. 505 of 1960
Planning Consent) Regulations 1960, and shall apply for a building
permit under the Township (Building) Rules, 1953 within six months of GN No. 8 of 1953
the grant of the right of occupancy and shall use the land in conformity with GN No. 505 of 1960
the Town and Country Planning (Use Classes) Regulations, 1960.

(2) A right of occupancy for agricultural or pastoral or mixed


agricultural and pastoral purposes or any other purpose shall be used for
that purpose and no other purpose.

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:

(i) have and maintain fully cultivate 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 one-tenth of the total area of the
land to which the right of occupancy relates; and

(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

pastoral purposes or mixed agricultural and pastoral purposes shall be


subject to the term and condition that the occupier will reside on the land
the subject of the right of occupancy or within such distance of it as is
reasonably consistent with the personal supervision and management of the
same by the occupier. Provided that whenever the occupier is not or will
not be so resident a manager employed by him shall reside on such land or
within such distance of it as is reasonably consistent with the personal
supervision and management of the same by such manager.
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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.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 78 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (ASSESSMENT OF THE VALUE OF LAND FOR


COMPENSATION) REGULATIONS, 2001
______________

(Made under Sections 179)


______________

1. These Regulations shall be cited as the Land (Assessment of the Citation

Value of Land for Compensation) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;


“Government” means the government of the United Republic of
Tanzania;
“Qualified Valuer” has the meaning ascribed to it by section 2 of the
Act;
“Local Government Authority” has the meaning ascribed to it by
section 2 of the Act.

3. The basis for assessment of the value of any land and unexhausted Basis

improvement for purposes of compensation, under the Act shall be the


market value of such land.

4. The market value of any land and unexhausted improvement shall Market Value

be arrived at by use of comparative method evidenced by actual recent, sales


or similar properties or by use of income approach or replacement cost
method where the property is of special nature and not saleable.

5. Every assessment of the value of land and unexhausted Qualified Valuers

improvement for the purposes of the Act shall be repaired by qualified


Valuer.

6. Every assessment of the value of land and unexhausted Chief Valuer

improvement for the purposes of payment of compensation by


Government or Local Government Authority shall be verified by the Chief
Valuer of the Government or his representative.
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7. Compensation for loss of any interest in land shall include value of Compensation

unexhausted improvement disturbance allowance, transport allowance,


accommodation allowance and loss of profits.

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

be assessed, evidenced by audited counts where necessary and applicable,


and multiplied by thirty six months in order to arrive at the loss of profits
payable.

10. The disturbance allowance shall be calculated by multiplying value Disturbance


allowance
of the land by average percentage rate of interest offered by commercial
banks on fixed deposits for twelve months at the time of loss of interest in
land.

11. Transport Allowance shall be the actual costs of transporting twelve Transport allowance

tons of luggage by rail or road (whichever is cheaper) within twenty


kilometres form the point of displacement.

12. The elements of transport allowance, accommodation allowance Unoccupied land

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

Government or the local government authority only where there is no


prompt payment of compensation made.

(2) For the purpose of computing interest payable upon


compensation “prompt payment of compensation” means payment of
compensation within six months after the subject land has been acquired or
revoked.

(3) Where amount of compensation remains unpaid for six


months after acquisition or revocation, interest at the average percentage
rate of interest offered by commercial banks on fixed deposits shall be
recoverable until such compensation is paid.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 79 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (COMPENSATION CLAIMS) REGULATIONS, 2001


______________

(Made under Sections 179)


______________

1. These Regulations shall be cited as the Land (Compensation Citation

Claims) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized Officer” has the meaning ascribed to it by the Act;

“Customary right of occupancy ” has the meaning ascribed to it by


the Act;

“granted right of occupancy” has the meaning ascribed to it by the


Act;

“Local Government Authority” has the meaning ascribed to it by


the Act;

“Fund” means the Local Compensation Fund established by section


173 of the Act;

“peri-urban area” has the meaning ascribed to it by the Act;

“urban area’ has the meaning ascribed to it by the Act.

3. These Regulations shall apply to all applications or claims for Application

compensation against the Government or local government authority or any


public body or institution under the act who may claim compensation.

4. The following may claim compensation, that is to say- Compensation

(a) The holder of a granted right of occupancy in respect of


general or reserved land which is transferred to village land
under Section 5 of the Act or in respect of and the subject
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of a right of occupancy which is compulsory acquired by the


President for public purposes under Section 22 of the Act or
in respect of a right of occupancy which has been revoked
under Section 49 of the Act;

(b) The holder of a granted customary right of occupancy in


respect of land which is declared to be hazardous land under
section 7 of the Act;

(c) The holder of a customary right of occupancy where the


land becomes the subject of a granted right of occupancy in
favour of another person and such holder is moved or
relocated under Section 34 of the Act;

(d) The occupier of land which he has obtained under or as a


consequence of a disposition by a holder of a granted or
customary right of occupancy where such occupier is
refused a right of occupancy under section 54 of the Act;

(e) The occupier of land in any urban or peri-urban area where


such land is acquired by the President under section 60 of
the Act.

5. (1) The Land (Assessment of Value for Compensation) Compensation which


may be claimed by
Regulation 2001 shall apply to any application or claim for compensation by occupier
any person occupying land.

(2) Without prejudice to the generality of the above, the


compensation that may be claimed by any person occupying land shall be-

(a) the value of unexhausted improvements on the land he is


occupying;

(b) grazing land.

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:

(a) notifying the occupier of the land which is the subject of


compensation;

(b) requiring the occupier to submit his claim for compensation;

(c) requiring the occupier to appear physically on such date,


time and place where assessment shall be done.
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7. The Commissioner or the authorized officer shall cause the Valuation

valuation for compensation purposes to be undertaken.

8. The Commissioner or the authorized officer shall prepare a Claim Form

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.

(2) This regulation shall apply to all applications or claims for


compensation against the Government or local government authority or any
public body or institution under the Act.

(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.

10.- (1) Compensation shall take the form of monetary Disturbance


allowance
compensation.

(20 Without prejudice to the generality of the above,


compensation may, at the option of the government, take the form of all or
a combination of or any of the following:

(a) a plot of land of comparable quality, extent and productive


potential to the land lost;

(b) a building or buildings of comparable quality extent and use


comparable to the building or buildings lost;

(c) plants and seedlings;

(d) regular supplies of grain and other basic foodstuffs for a


specified time.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 80 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (CEILINGS ON LAND OCCUPANCY)


REGULATIONS, 2001
______________

(Made under Sections 21 and 179)


______________

1. These Regulations shall be cited as the Land (Ceilings on Land Citation

Occupancy) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized Officer” has the meaning ascribed to it by the Act;

“Commissioner ” means the Commissioner for Lands;

“Minister” means the Minister responsible for Lands;

“Scheme of regularization)” has the meaning ascribed to it by the


Act;

“Planning area” has the meaning ascribed to it by the Town and


Country Planning Ordinance.

3. In the process of setting ceiling on land regard shall be had to the Ceiling on Land
Occupancy
following factors-

(a) land use;

(b) location;

(c) feasibility study;

(d) proven ability of applicant to develop the land.


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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.

(2) Every local government authority before preparing and


submitting to the Minister schemes of land ceiling within its areas of
jurisdiction shall-

(a) Invite any interested person to submit proposals for land


ceiling on the basis of factors provided for under regulation
3;

(b) Commission feasibility study:

(j) assess ability of land applicants and land availability


within its area with the view of ensuring equitable
distribution of land;

(ii) the land ceiling scheme prepared in accordance with


sub-regulation (i) of this regulation, shall be
submitted to the Commissioner for advise to the
Minister;

(iii) the Commissioner may consult with associations of


relevant stakeholders before advising the Minister on
the land ceiling of any local government authority;

(iv) the Minister shall, after having regard to the


recommendation of the Commissioner, and every
other views and recommendations submitted to him
in respect of land ceiling schemes, approve the land
ceiling and cause the same to be published in a
manner that will come to the notice of all interested
persons;

(v) the land allocation committee authorised officers,


town planners and surveyors shall have regard to the
approved ceiling by the Minister.

(3) The Commissioner may, on his own motion, make a


proposal on ceiling on land occupancy or in respect of a particular area of
Tanzania or land for a particular purpose.

(4) The Commissioner shall consult with associations of


peasants, association of farmers and other civic organisations on any
proposal or proposals under these Regulations.
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(5) The Commissioner shall, in making his recommendation to


the Minister take into account the views and representations submitted to
him under these Regulations.

5. For avoidance of doubt setting of ceiling shall not affect existing Application of these
Regulations
granted right of occupancy.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 81 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (COMPOSITION AND PROCEDURES OF THE


NATIONAL LAND ADVISORY COUNCIL)
REGULATIONS, 2001
______________

(Made under Sections 17 and 179)


______________

1. These Regulations shall be cited as the Land (Composition and Citation

Procedures of the National Land Advisory Council) Regulations,


2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Commissioner” means the Commissioner for Lands;

“Council ” means the National Land Advisory Council;

“Minister” means the Minister responsible for Lands;

“Ministry” means the Ministry responsible for Lands.

3. The Council shall consist of seven members at least three of whom Composition

shall be women as follows:

(a) A Chairman to be appointed by the President;

(b) Three members appointed by the Minister;

(c) One representative from President’s Office – Ministry


responsible for Local Government;

(d) One representative from the Ministry responsible for


Livestock;

(e) One representative from the Ministry responsible for


Agriculture;
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(f) One representative from the Ministry responsible for


Natural Resources;

(g) One representative from the Ministry responsible for


Gender;

(h) One woman lawyer representing an association of Lawyers.

4. At its first meeting, the Council shall elect a Vice-Chairman from Vice-Chairman

amongst its themselves.

5. (a) The Permanent Secretary of the Ministry responsible for Secretariat

Land shall be the Secretary to the Council;

(b) The Ministry shall make available to the Council such


facilities and the services of such officers as are necessary for
the proper and efficient exercise of the functions of the
Council.

6.- (1) A member shall, unless his appointment is sooner Terms of


Appointment
terminated by the appointing authority, hold office for a period of three
years. Any member of the Council shall be eligible for re-appointment.

(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.

(3) Where any member ceases to be a member for any reason


before the expiration of his term of office, the appointing authority may
appoint another in his place and the person so appointed shall hold office
for the remainder of the term of office of his predecessor.

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.

(2) The Council shall have power to undertake and to


commission any study, research and investigative report on any aspect
relating to land.
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(3) The Council shall co-operate with public and private bodies
or institutions in carrying out its functions under the Act.

(4) Every advice to the Minister shall be in the form of a report


and shall be signed by the Chairman, Secretary, and all members.

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.

(2) The Chairman or, in his absence the Vice-Chairman, shall


preside at all meetings of the Council.

(3) Decision at any meeting of the committee shall be made


primarily by consensus and where consensus is not reached the decision
shall be by majority of members present and voting and in case of equality
of votes the Chairman shall have a casting role in his deliberative vote.

(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.

(5) The council 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 council shall be read and confirmed or amended and
confirmed, at the next meeting of the Council and signed by the person
presiding at the meeting. Amy minutes purporting to be signed by the
person presiding at a meeting of the council shall, in the absence of proof of
error, be deemed to be a correct record of the meeting whose minutes they
purport to be.

(6) Subject to the preceding provisions of this regulation, the


council shall regulate its own procedure.

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

be prepared estimates of the expenditure of the Council and these estimates


shall be approved by the Council before the commencement of the relevant
financial years.

(2) Forthwith upon passing the annual estimates the Council


shall submit to the Minister for his approval.
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(3) The Minister shall, upon receipt of the annual estimates


approve or disapprove or may approve subject to such amendment as he
may deem fit.

(4) Where the Minister has approved any annual estimates,


those estimates shall be binding upon the Council which shall confine the
disbursements of the Council within items and amounts contained in the
applicable estimates as approved by the Minister.

12. Government Financial Regulation shall apply. Accounts and Audit

13. The Council shall, not later than four months after the end of each Annual Report

financial year, submit to the Minister an annual report on the activities of


the Council in respect of that financial year.

14. The financial year of the Council shall be the same as the financial Financial Year

year of the Government.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 82 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (MANAGEMENT OF THE LAND COMPENSATION


FUND) REGULATIONS, 2001
______________

(Made under Sections 173 and 179)


______________

1. These Regulations shall be cited as the Land (Management of the Citation

Land Compensation Fund) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“authorized officer” has the meaning ascribed to it by section 2 of


the Act;

“Board” means the Board of Trustees of the Fund;

“Commissioner” means the Commissioner for Lands;

“CPC” means the Civil Procedure Code, of 1966; Act No. 49 of 1966

“Government” means the Government of the United Republic of


Tanzania;

“the Fund” has the meaning ascribed to it by the Act;

“Land Division of the High Court” has the meaning ascribed to it


by the Act;

“Minister” means the Minister responsible for Lands;

“Ministry” means the Ministry of Lands and Human Settlements


Development.

3. The Board shall consist of- Composition of the


Board of Trustees

(a) a Chairman, who shall be appointed by the President;


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(b) one person with a professional or academic qualification in


law or land valuation;

(c) Director for Local Government from President Office –


Regional Administration and Local Government;

(d) A representative from the Ministry responsible for Finance;

(e) Commissioner for Land.

4. At its first meeting, the Council shall elect a Vice-Chairman. Vice-Chairman

5. The Minister shall appoint a suitable qualified public officer to be Secretary

the Secretary to the Fund

6.- (1) A member shall, unless his appointment is sooner Tenure of


Appointment
terminated by the Minister, hold office for a period of three years. Any
member of the Board shall be eligible for re-appointment.

(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.

(3) Where any member ceases to be a member for any reason


before the expiration of his term of office, the Minister may appoint
another in his place and the person so appointed shall hold office for the
remainder of the term of office of his predecessor.

7. All members of the Board shall work on part time basis. Part Time

8. The functions of the Board shall be- Functions

(a) to verify compensation schedules and claims submitted by


commissioner for Lands/Authorised Officer;

(b) to cause payments to be made out of the Fund.

9. In deciding payment for compensation the Board shall have regard Factors

to-

(a) a Compensation schedule;

(b) claim of compensation submitted by the applicant.


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10. A decision of effect/reject payment of compensation by the Board Determination in


Writing
shall be in writing and shall be dated and signed by all the members present.

11. If the applicant is aggrieved by a determination of quantum of Appeal

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.

13. For purposes of an appeal under these Regulations, a determination Decree

by the Board of quantum of compensation shall be deemed to be a decree


of the court of a Resident Magistrate or a District Court.

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.

(2) The Chairman or, in his absence, the Vice-Chairman, shall


preside at all meetings of the Board.

(3) Decision of the Board shall be by a simple majority of


members present and voting and in the event of an equality of votes the
person presiding shall have a second or casting vote.

(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.

(5) Any member, who has any financial or other interest,


whether direct or indirect, in the subject matter of any decision before the
Board, shall disclose in writing to the Board the nature of his interest and
shall not participate in any discussion or decision of the Board relating to
the matter.

(6) The Board shall be guided by the rules of natural justice.

(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.

(8) Subject to the preceding provisions of this regulation, the


Board shall regulate its own procedure.
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15.- (1) Any member who fails or refuses to disclose his interest Offences and penalty

under paragraph (5) of regulation 14 shall be removed from the Board or


criminal proceedings be instituted against him.

(2) Where a member is convicted of an offence under sub-


regulation (1) of this regulation that member shall be liable to a fine of two
hundred thousand shillings or to imprisonment for a term not exceeding
twelve months.

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

thirty days of determination by the Board, if there is no appeal or within


thirty days of the decision of the Land Division of the High Court or the
Court of Appeal of Tanzania, as the case may be.

19. The Board may, before paying any claim require the applicant to Proof

furnish it with such proof as may be proper to show that he is entitled to


payment out of the Fund.

20. A right to compensation under the Act shall be inheritable. Inheritance

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.

(2) The books of account of the Board shall be audited by a


reputable firm of auditors appointed by the Board at such times as the
Board may determine but shall be audited at least at the end of each
financial year.

(3) The audited accounts shall be submitted to the Board not


later than three months after the end of the financial year to which they
related.

(4) It shall be the duty of the Board as soon as possible but in


any case not later than one month upon receipt of the report of the auditors
under this regulation to forward such report to the Minister.
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(5) A copy of the report shall be submitted by the Board to the


Controller and Auditor General.

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

year of the Government.

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.

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 83 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (FEES) REGULATIONS, 2001


______________

(Made under Sections 174 and 179)


______________

1. These Regulations shall be cited as the Land (Fees) Regulations, Citation

2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“Authorized officer” has the meaning ascribed to it by the Act;

“Commissioner” means the Commissioner for Lands;

“Registrar” has the meaning ascribed to it by the Act.

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.

(2) Fees shall be paid to the authorized officer or any officer


nominated by the Commissioner.

(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

ITEM MATTER FEES


NO. Shs. Cts.
1. On application for a right of occupancy, LF. No. 20A 5,000/= =

2. On application for change of conditions or right of occupancy LF. No. 2,000/= =


28

3. On application for grant of approval of disposition, LF. No. 31/30 5,000/= =

4. On request for reconsideration of application for grant of approval of 2,500/= =


disposition, LF. No. 34

5. On application for certificate of validation, LF. No. 17 2,500/= =

6. On application for a wayleave, LF. No. 70/66 5,000/= =

7. On application for a communal right of Way, LF. No. 71/67 5,000/= =

8. On filing a notification of a disposition LF. No. 30/29 2,000/= =

9. On application for surrender of a Right of Occupancy, LF. No. 36 5,000/= =

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 84 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (FINES) REGULATIONS, 2001


______________

(Made under Sections 46 and 179)


______________

1. These Regulations shall be cited as the Land (Fines) Regulations, Citation

2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“right of occupancy” has the meaning ascribed to it by the Act;

“derivative right” has the meaning ascribed to it by the Act;

“Occupier” means holder of a right of occupancy.

3. Where any breach of condition of a right of occupancy stated in Fees payable

column 2 of the Schedule to these Regulations has arisen, the


Commissioner for Lands or an authorized officer may impose a fine
specified in column 3 of the said Schedule.

4. No fees paid on any application or for any other matter shall be Refunds

refunded.
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_________

SCHEDULE
_________

FINES

S/NO. DESCRIPTION OF BREACH OF CONDITION FINE

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

Dar es Salaam G.A. Cheyo


3rd May, 2001 Minister for Lands and Human Settlement
Development
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GOVERNMENT NOTICE No. 85 published on 4/5/2001

THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (SCHEMES OF REGULATIONS)


REGULATIONS, 2001
______________

ARRANGEMENT OF REGULATIONS

Regulation Title

PART I
PRELIMINARY

1. Citation
2. Interpretation

PART II
REGULARISATION AREA

3. Minister may declare a regularization area


4. Criteria to be satisfied before declaration of regularization area
5. Duty of Commissioner in respect of declaration of regularization area
6. Declaration of regularization are to be published in Gazette
7. Establishment of regularization area committee
8. Composition of regularization are committee
9. Functions of local authority with respect to regularization area committee
10. Functions of regularization are committee
11. Functions of officers in relation to regularization are committee

PART II
SCHEME OF REGULARIZATION

12. Decision to prepare scheme of regularisation


13. Preparation of survey of regularization area
14. Preparation of scheme of regularization
15. Contents of scheme of regularisation
16. Role of urban authority in relation to scheme of regularisation
17. Role of Minister in relation to scheme of regularisation
18. Implementation of scheme of regularisation
19. Compensation
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PART IV
ADJUDICATION

20. Restrictions on grant of right of occupancy in regularization area


21. Responsibility for adjudication in regularization area
22. Advice on adjudication
23. Supervision of adjudication
24. Appointment and function of regularization area adjudication adviser
25. Establishment of land adjudication panel
26. Procedures at meetings of land adjudication panel
27. Functions of land adjudication panel
28. Adjudication procedures
29. Adjudication record
30. Certification of boundaries
31. Appeals
32. Principles of adjudication

PART V
LOCAL LAND REGISTER

33. Establishment of local land register


34. Gazetted regularization area
35. The Occupation register
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THE LAND ACT

[CAP 113 R.E. 2002]


__________

THE LAND (SCHEMES OF REGULARISATION) REGULATIONS,


2001
______________

(Made under Sections 59 and 179)


______________

PART I
PRELIMINARY

1. These Regulations shall be cited as the Land (Schemes of Citation

Regularization) Regulations, 2001.

2. In these Regulations, unless the context otherwise requires: Interpretation

“Act” means THE LAND ACT;

“adjudication adviser” means a regularisation area adjudication


adviser appointed under regulation 24;

“Commissioner” means the Commissioner for Lands;

“Committee” means a regularisation area committee established


under regulation 7;

“local land register” means the local land register established under
Regulation 33;

“Minister” means the Minister responsible for lands;

“Operation Vijiji” has the meaning ascribed to it by the Village Land


Act;

“panel” means the local land register;

“registered document” means a certificate of granted right of


occupancy r a derivative right which has been registered in
accordance with these Regulations;
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“registration officer” means a registration officer appointed under


regulation 33 and includes a principal registration officer;

“regularization area” means an area declared by the Minister to be a


regularization area and gazetted as such;

“responsible officer” has the meaning ascribed to by S.60;

“scheme” means a scheme of regularization;

“Tribunal” means the District Land and Housing Tribunal;

“urban area” has the meaning ascribed to it by the Act;

“local authority” has the meaning ascribed to it by the Local


Government (Urban Authorities) Act, No. 8 of 1982;

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.

4. Before declaring any are to be a regularization area, the Minister Criteria to be


satisfied before
must be satisfied that:- declaration of
regularization area

(a) there is a reasonable measure of support form those


occupying and using land in the area for the making of such
a declaration within the area, and from any local authority
representatives within the area;

(b) the resources needed for the implementation of any


programmes and projects likely to be introduced into the
area as a consequence of the declaration area reasonably
likely to be forthcoming;

(c) any programmes and projects likely to be introduced into


the area as a consequence of the declaration are feasible and
the benefits of such programmes and projects outweigh any
costs and disadvantages;

(d) where he is considering making a declaration of his own


motion, that circumstances, conditions and proposed future
developments within the proposed area are such that,
notwithstanding that there may not be local interest or
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support for a declaration, it is in the national interest that


such a declaration be made;

(e) there are no extraneous circumstances within or affecting


the area which would tend to inhibit or limit the
effectiveness of the implementation of any programmes or
projects likely to be introduced into the area as a
consequence of the declaration.

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.

6. A declaration of a regularization area shall be published in the Declaration of


regularization area to
Gazette and in any other local circulating newspaper. be published

7. Where the Minister had declared an area to be a regularization area, Establishment of


regularization area
the local authority having jurisdiction over the said area shall cause to be committee
established a committee of persons from the area, to be known as a
regularization area committee.

8.- (1) A regularization area committee shall be composed of: Composition of


regularization area
committee
(a) the ward councillors for the area or any part of the ward
which they represent which falls within the regularization
area;

(b) Chairman of Mitaa, Vitongoji/Villages for the area or any


part of the area which they represent which falls within the
regularization area;

(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).

(2) Where the committee exercises its power to co-opt


members to a regularization committee, it shall ensure that those persons
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who are co-opted are, by virtue of their involvement, interest or


professional competence in matters of regularization, their knowledge of
the area, or their general standing within the area, person whose opinions
are likely to be respected within the area.

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

(a) the conduct of the process of election of the members


referred to in paragraph (c) of regulation 8 (1);

(b) ensuring that the meetings of a regularization area


committee follow due process and comply with standard
local authority procedures on committee meetings; and

(c) the coordination of functions and responsibility between


such a committee and officers and other committees of the
local authority.

10.- (1) The function of a committee shall be to act as a link Functions of


committee
between the local communities within the regularization area and the
planners and officers charged with the responsibility of preparing and
implementing a scheme of regularization and to this end, a committee shall:-

(a) be involved in the preparation and implementation of a


scheme of regularization;

(b) work with planners and officers in programmes of


sensitisation within the area on matter connected with
sustainable urban development;

(c) represent to planners and officers the concerns and interests


of those occupying and using land within the area;

(d) assist in the settlement of disputes connected with


regularization and compensation for losses caused by
regularization;

(e) undertake any other activities which are calculated to further


the process of regularization.

(2) A committee may appoint such sub-committees as it thinks


fit to assist it to perform its functions and may co-opt such persons from
the area on to such sub-committees as will, in its opinion, contribute to the
work of those subcommittees.
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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:-

(a) at the request of a committee, attend any meeting of that


committee;

(b) supply the committee with such information about services


and resources available to the area in connection with the
preparation and implementation of a scheme of
regularization as may be necessary to enable the committee
to carry out its functions;

(c) generally, cooperate and work with the members of the


committee to advance the economic and social development
of the people of the area.

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.

(2) A scheme of regularization may be prepared by any person


or organization with the necessary skills and knowledge in the public or
private sector, including a non-governmental organization working in the
field of urban development, or an association of persons from the area
concerned and any such person or organization which prepares such a plan
shall be referred to in these regulations as “the planner”.

(3) The local authority referred to in sub-regulation (1) shall


designate an officer who shall be responsible for overseeing the preparation
of a scheme of regularization.

13.- (1) The planner shall prepare a survey of- Preparation of


survey of
regularization are
(a) The resources and facilities of the area, and in particular, the
availability and use of land within the area for homes and
work-spaces;

(b) The concerns and needs of the people of the area;

(c) The potential for any programmes and projects of urban


development within the area;
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(d) Such other matters as the planner, after consultation with


the committee, considers necessary and desirable to provide
an accurate profile of the existing situation and potential of
the area.

(2) The survey shall be placed before one or more public


meeting within the area to enable the people of the area to comment on and
suggest additions and alterations to the survey within sixty (60) days.

(3) The survey, together with a report of the public meetings


referred to in subsection (2), shall be placed before and considered by the
committee.

14.- (1) The planner shall prepare a draft of a scheme of Preparation of


scheme of
regularization on the basis of the survey referred to in regulation 13 and regularization
associated reports as placed before the committee, together with any
comments made on that survey by the committee.

(2) A draft scheme of regularization shall be placed before one


or more public meetings within the area to enable the people of the area to
comment on and suggest additions and amendments to that draft scheme.

(3) The draft scheme of regularization together with a report of


the public meetings referred to in subsection (2) shall be placed before and
considered by the committee.

(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.

(5) Where the committee endorse the draft scheme, it shall


become endorsed scheme of regularization for the area and shall be sent to
the local authority for its consideration.

(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.

(7) Subsections (3) and (5) shall apply to a scheme resubmitted


under subsection (6) as they apply to a draft scheme placed before the local
committee under subsection (5).

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;

(b) an indication of the resources likely to be made available


from public finances and other sources both within and
outwith the area to facilitate the implementation of the
scheme, including the resources likely to be needed to meet
any claims for compensation;

(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;

(d) on the relationship of the scheme to any existing


development plans or schemes applicable to the
regularization area.

(2) A Scheme of regularization may include the following


specific matters-

(a) the designation of area of land proposed for the location of


communal facilities and open spaces;

(b) proposals to adopt specific practices on urban land


management designed to enhance sustainable land use;

(c) proposed schemes of land readjustment and land pooling


and their management, including tenurial arrangements;

(d) the management of communal facilities and other


communally used resources;

(e) proposed methods and modalities of liaison and cooperation


with authorities responsible for sewage and water
management within the area;

(f) the role of the committee in monitoring the implementation


of the scheme and in coordinating with other committees
and authorities within the area, the functions of which may
impinge upon the implementation of the scheme;

(g) such matters as the planner considers necessary and


desirable to include in the scheme.
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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

(2) The local authority shall consider any scheme of


regularization sent to it and prepare a report with recommendations on the
scheme for the Commissioner,

(3) In considering a scheme of regularization, the local authority


shall have regard to-

(a) the extent to which the scheme appears to reflect local


concerns and needs and will involve the local community in
its implementation;

(b) the practical and financial feasibility of the scheme;

(c) the relationship of the scheme to any development plans


and proposed plans prepared under the Town and Country
Planning Ordinance, applicable to the area of that local
authority;

(d) such other matters as the local authority considers relevant.

(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-

(a) approve with or without amendments;

(b) return to the area concerned with directions as to what


additional work is required to be done on; or

(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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(2) Where the Minister approves the scheme of regularization,


with or without amendments, he shall signify his approval in the Gazette
and the scheme shall, as from the date of his approval, become the
approved scheme of regularization for the area for which it has been
prepared.

(3) Where the Minister returns the scheme to the local


Authority through the Commissioner for further work or rejects the plan,
he shall give reasons for his decision in such detail as will enable the planner
to ensure that any necessary further work on the scheme or work on a new
scheme is undertaken as soon as may be.

(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.

18.- (1) The responsible officer, shall, in association and Implementation of


scheme of
consultation with the committee, and keeping the ward and other regularization
councillors representing the area fully informed, be responsible for the
implementation of the scheme within the area and shall, in pursuance of this
responsibility, work with, and give all such advice and assistance to,
members of the community within the areas so as to enable them to benefit
from and contribute to the implantation of the scheme.

(2) The committee shall inform the community of the contents


of the approved scheme, the functions of the responsible officer in
implementing that scheme and the actions that members of the community
will be expected to take to facilitate the implementation of that scheme.

(3) Where there is any dispute between the responsible officer


and one or more members of the community or between two or more
members of the community over any matter connected with the
implementation of the scheme, the committee or any sub committee thereof
shall use its best endeavours to resolve the dispute and effect a
reconciliation between the parties.

19.- (1) Any person occupying or using land within a regularization Compensation

area who is adversely affected by the process of regularization shall be


entitled to compensation.

(2) A person shall be taken to be adversely affected by the


process of regularization if:

(a) he is required to relocate permanently from his existing


home or work-space to another place in the regularization
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area in the interests of the better planning and layout of the


regularization area;

(b) in any process of land readjustment, his plot or land is


reduced in size by an amount greater than fifteen percent,
compensation being payable for the amount of land lsot in
excess of fifteen percent;

(c) as a result of the process of regularization or a process of


land readjustment, the value of his land, after deducting
whatever amount of land not exceeding fifteen percent has
been taken for community purposes, has been reduced to
below the value it had on the date of the declaration of the
regularization area.

(3) A person shall not be taken to be adversely affected by the


process of regularization if during the carrying out of any public works or
any process of land readjustment or land pooling, he suffers a temporary
loss or diminution of the use of his home or work-space which is
reasonable in all the circumstances of the case.

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.

(2) A provisional right of occupancy may be granted under this


Part where and only where the boundaries of the land in respect of which
the granted right of occupancy is to be granted have not been fully and
finally determined.

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.

(2) Where a scheme of regularization provides for a process of


adjudication of interests in land to be applied to all or a part of the land
within the regularization area, the local authority referred to in sub-
regulation (1) shall as soon as may be resolve to commence a process of
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adjudication which shall be conducted in accordance with the provision of


this Part.

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.

23.- (1) Where a complaint is made to the Commissioner by any Supervision of


adjudication
persons with interests in land within the regularization area that the
adjudication is being applied improperly or unfairly, the Commissioner shall
investigate the complaint and on being satisfied of the accuracy of the
complaint, the Commissioner shall-

(a) issue such directives as he considers necessary to the local


authority to correct and improve the process of
adjudication; or

(b) issue a directive to the local authority to:-

(i) cease exercising any powers under the process of


adjudication;

(ii) send all records and other information specified in


the directive to the Commissioner;

(iii) cooperative fully with such officers as the


Commissioner shall authorize to re-examine and
revise the process of adjudication.

(2) Where a directive has been issued, the Commissioner shall


thereupon be empowered to-

(a) re-examine;
(b) cancel;
(c) revise;
(d) add to;
(e) make such other decisions as seem just on;
(f) revise

and determine made by any person or body in connection with adjudication


of land within the regularization area.

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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(2) A person shall be qualified to be appointed as an


adjudication adviser if that person is-

(a) a person from the area known and respected for his
knowledge of and impartial judgment about land matters in
that area;

(b) qualified in the discipline or profession of land economist,


lawyer, planner, surveyor or valuer; or

(c) a public servant appointed by the Commissioner at the


request of the local authority, to act as an adjudication
advisor;

(d) an official with responsibilities for land matters of the local


authority;

(e) a magistrate appointed by the Judicial Service Commission


at the request of the local authority to act as an adjudication
adviser.

(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-

(a) draw to the attention of the panel any error or omission in


any adjudication register at any time before it is completed;

(b) make a claim or otherwise act on behalf of any person who


is absent or under a disability if he considers it necessary to
avoid injustice;

(c) conduct such inquiries as he may be requested to conduct by


the panel to further the process of adjudication.

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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1982 and Local Government (District Authorities) Act No. 7 of 1982


applicable to committees of any local council.

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.

(3) In the event of an equality of votes, the chairman or other


member presiding shall have a casting vote as well as an original vote.

(4) Any decision of a panel shall be signed by the chairman or


other member presiding and the adjudication adviser.

(5) The adjudication adviser shall be the executive officer for


the panel and shall keep the records of the panel.

27.- (1) The functions of a panel shall be to:- Functions of land


adjudication panel

(a) determine the boundaries of and interests in land which is


the subject of a process of adjudication;

(b) set aside or make reservations of land or demarcate rights of


way and other easements which it considers necessary for
the more beneficial occupation of land;

(c) adjudicate upon and decide, using as a guide the principles


of land law applicable in Mainland Tanzania, any question
referred to it by any person with an interest in land which is
the subject of the adjudication;

(d) safeguard the interests of women, absent persons, minors


and persons under a disability;

(e) take account of any interest in land in respect of which for


any reason, no claim has been made.

(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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(a) hear evidence which would not be admissible in a court of


law;

(b) call evidence of its own motion;

(c) use evidence contained in any official record or adduced in


any other claim; and

(d) generally, determine its own procedures.

(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.

(2) Where a local authority has resolved to commence a process


adjudication within a regularization area, a notice shall be published and
posted in a prominent place at the offices of that local authority and on the
land which is to be adjudicated not less than two weeks before the process
of adjudication is to commence:-

(a) specifying the approximate area of land to be adjudicated


(the adjudication area);

(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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request the adjudication adviser to conduct further investigations into that


claim.

(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.

(7) The panel shall cause to be prepared an adjudication record


of the claims to the adjudicated land which it has determined under sub-
regulation (3) and shall publish that record in a prominent place within the
area.

(8) The adjudication record shall, unless an appeal is made to a


Tribunal, become an effective adjudication record thirty days after it has
been published.

(9) An adjudication record shall, where an appeal has been


made under sub-regulation (7), become effective adjudication record thirty
days after such appeal.

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;

(b) the nature and content of the interests in land claimed;

(c) the amount of land claimed;

(d) the length of time the claimant or claimants have been on


the land or claim an interest in the land;

(e) the location and boundaries of the plot of land;

(f) the route and boundaries of any rights of way or wayleaves


or other public rights claimed to exist in, on, or under the
land;

(g) the determination of the panel on the claim or claims


together with a brief statement of reasons for the
determination.

(2) The adjudication record shall be accompanied by a sketch


map of location and area of the land but it shall not be necessary to draw
the sketch map to scale.
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(3) The adjudication record shall be in the form set out in the
Schedule to these regulations.

(4) Where an adjudication record has been completed, it shall


be signed by the chairman of the panel and adjudication adviser.

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. ……………

31.- (1) Any person who is aggrieved by a determination of a panel Appeals

may, within thirty days of the publication of the adjudication record, appeal
to a Tribunal against that determination.

(2) The Tribunal shall, in hearing any appeal-

(a) have all the powers and comply with all the procedures
applicable to a panel; and

(b) reach such decision as appears to it to be just in all the


circumstances, and, without limiting the generality of that
power, may:-

(i) amend the adjudication record;

(ii) correct any error in the adjudication record;

(iii) direct that the adjudication adviser conduct further


investigations into the subject matter of the appeal.

(3) Where the Tribunal propose to make a decision which may


adversely affect the interests of any person in the adjudication area who has
not appealed, the Tribunal shall give that person an opportunity to be heard
before it shall make any such decision.

32.- (1) In preparing the adjudication record, the panel, if it is Principles of


adjudication
satisfied that:-

(a) a person, a family or a group of persons are and have been


or their predecessor or predecessors in title were in
peaceable, open and uninterrupted occupation of land
within the regularization area for not less than twelve years,
shall determine that person, family or group of persons to
be entitled to a right of occupancy;
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(b) a person is in occupation of village land in an urban or a


peri-urban area gazetted as a regularization area which was
allocated to him or his predecessor in title during Operation
Vijiji, shall determine that person to be entitled to a
customary right of occupancy;

(c) a person or group of persons are in peaceable, open and


uninterrupted occupation of land or are similarly using the
land for not less than twelve years under an arrangement or
as a result of a transaction whether under customary law or
received law, and whether that occupation can be evidenced
by a document in writing or not which does not fall within
any of the above categories of land occupancy, shall
determine the nature, incidents and extent of such an
occupancy and declare that person or group of persons to
occupy that land under the type of occupancy so
determined, whether it be a customary right of occupancy, a
granted right of occupancy or a derivative right;

(d) a person or group of persons are in occupation of or are


using land without any right or interest so to be, shall
determine such persons to be unauthorized occupiers,
permitted to remain on the land temporarily as licences;

(e) a person or group of persons are entitled to an interest in


land within the regularization area, whether under customary
law or otherwise, not amounting to occupation under
customary law or received law or under a derivative right,
shall determine the nature, incidents and extent of such an
interest to enable it to be recorded in the name of the
person or group or persons entitled to benefit from it;

(f) land is entirely free of any occupation or use or any right of


occupation or use by any person or group of persons, shall
determine that land to be land available for communal or
public use.

(2) In making any determinations under subsection (1), a panel


shall have regard to the provisions of the Constitution and shall treat the
rights of women to occupancy or use or have interests in land no less
favourably than the rights of men so to occupy or use or have interests in
land.

(3) In determining whether occupation of land has been


peaceable, open and uninterrupted-

(a) no account shall be taken of any order, declaration


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or scheme issued or made under the Town and


Country Planning Ordinance, which purports to
alter, amend or add to the incidents of any deemed
right of occupancy or other right to occupancy land
of any person o as to render any aspect of that
occupation unlawful;

(b) a person occupying land in an urban per-urban area


at the will or sufferance of or as a trespasser relative
to a person or organization having a title to that
land, but whose occupation is recognized and
accepted as being in accord with the customs of the
community of which he is a part, shall be deemed to
be in peaceable open and uninterrupted occupation
of that land;

(c) it shall not be necessary that such occupation be


continuous provided that when land is not occupied
by a person or group of persons claiming peaceable,
open and uninterrupted occupation of that land, it is
not occupied by any other person or group of
persons claiming peaceable open and uninterrupted
occupation;

(d) a person shall not cease to be in uninterrupted


occupation nor shall his occupation cease to be
peaceable if during the period of twelve years, he has
at any time been forcibly and illegally evicted from
the land and has attempted to re-enter the land by all
lawful means including the use of reasonable force.

(4) A panel may record that two or more persons or groups of


persons are co-occupiers and users of land, whether those persons or
groups of persons have claimed to be co-occupiers or are disputing
occupation or use of that land and where such a determination is made, the
committee or adjudication officer as the case may be, shall determine and
record the nature, incidents and extent of that co-occupation and whether
those persons and groups of persons are joint occupiers or occupier sin
common as provided for in Part XIV of THE LAND ACT or are co-
occupiers, whose rights between themselves are governed by customary law.

(5) Reference to ‘land’ in this regulation are to land the


boundaries of which have been agreed to by the parties claiming an interest
in that land and contiguous land or have, in the absence of such agreement,
been determined by a panel.

(6) References to a period of twelve years shall be taken to


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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

33.- (1) A local authority within whose area of jurisdiction a Establishment of


local land register
regularization area has been declared shall establish a local land register.

(2) A local land register shall record details of land matters as


set out in this Part in all regularization areas within the area of jurisdiction
of the local authority.

(3) A local authority shall appoint one or more of its officers to


be registration officers of the register and where more than one officer is so
appointed, the local authority shall designate one registration officer to be
the principal registration officer who shall be the manager of the 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-

(a) alterations required to be made by the Commissioner to


record changes in the boundaries of the area;

(b) entries to record parcels of land that have been excised from
or added to area;

(c) entries to record parcels of land within the area designated


in a regularization scheme to be land set aside for communal
or public use.

35. The Occupation Register shall be the register which contains- Occupation Register

(a) the record of granted rights of occupancy – Sub Part I of the


Occupation Register;

(b) the record of all derivative rights – Sub Part 2 of the


Occupation Register;

(c) the record of all dispositions and transactions involving


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granted rights of occupancy and derivative rights – Sub Part


3 of the Occupation Register;

(d) the records of all persons deemed to own licence Sub Part 4
of the Occupation Register.

Dar es Salaam G. Cheyo


3rd May, 2001 Minister for Lands and Human
Settlement Development

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