Land (Function ofAuthorised Officers)

GoVERNMElTT NOTICE No. 76 published on 4/S.12001

THE LAND ACT

(No. 4 m 1999)

THE LAND (FUNCTIONS OF AUfflORISED OFFICERS)

REGULATIONS, 2001

(Made under section 179)

1. These Regulations shall be cited ai; the Land

(Functions of Authorised Officer) Regulations, 200 l.

2. rn tlv:sc Regulatiions unless the context

otherwise requhe.s:~
'"Act" meam, th\; Lmtl A"l, 1999;
"Authorized Officers'' has the meaning ascribed to it by
section 2 of the Act;
"Commissioner" means the Commissioner tor L.mds;

J. The function of the Commissioner prescribed

under the rrovisions of the Act as shown in the first
column are the delegated functions of any authorized
officer as s1.,'1. out in the second column of the First
Schedule to these Regulations.

4.-( I) Evel')I authorized officet shall in addition

to the delegated functions perform the functions as
shown in the Second schedule,
(2) Notwithr.tanding the pro11isi()11s of re.guh1tinn
3 and subn:gulation of this regulation, an authorized
officer may
642
 Land (Function ofAuthorised Officers)
G.N. No, 76 (contd.)
(a) Advise the Commissioner and local
government authorities with regard to all
his functions under the act;
(b) l'erfonn any other function which the
Commissioner may authorize in writing

5. Whenever an authori?..o=d.officer it required by the R,euon11for

Act to make a determittation affecting or -likely to determination

affect the right of any person and makes a
detenninatlon which is adverse to that pcrso11 he/she
shall give that person reason or reasons for that
detennination

6. No authom.ed officer shalt exercise any functions Conflict of

in any matter concerning land in which he/she or any Interest
member of his/her immediate family has an interest

7. Every authorized ofticer who is a secretary of a Annual

Land Allocation Committee sb.all, fLOt \ater'\han fo\'II

months after the end of each financial year, subtnit
to the Commissioner an annual report on the
delegated functions.
8. Every authorized officer workin:g in a local Answerable

Amhority wit}, directorn and have regard to circulars to Commis-

of the Commissioner shall comply to the directions sioner

of and answerable to the Commissiotier.

643
 land fFunctio.n ofAulhorised Officers)
G.N. No. 76 (ccntd.J

FIRST SCHEDULE-(RegulatJon 3)

Section Statement of Functions

5 To receive reptese11tations on proposed traits for of
general or rC$erved land to Vllbtge hmd and to
prepare a report thereon

7 To receive representations on proposed declaratioti

ofhaiardous land and to prepare a report thereon

25 1' o receive applications for rights of occupancy and

to nrnintni11 regi.~tP.r of :ipplic11tions:

27 To sign letters of offer of right of occupancy subject

to g,u;zctb;mcnt

31.33 To require premium Mid rent

32 To sign letter of offer for renewal of a Right of

Occupancy subject to gazzettemem

35 To receive application for change of use

36 To receive and 1Jndorse notifications of disposHions

of rights of occupancy

37 To approve dispositiomi

644
 Land (Fum;lion ofAu1hurised Officers)

39 To receive applications for grant of approval for

disposition

42 tn ter;cive and foJ'.WIJ.rd surrender of rights of

occupaucy 10 Commissioner for Lands:
Notification of de:tennination of surrender to the
Occupier

45-47 All funetioniJ relating to breach of con<litiotl-!l: ()fright

of occupancy and signirlg of notice ofrevocatlon

51 To i:;ign and pub\h;h u\)\i\;t; of 11\l1mdotu~\~t of l~d

and to sign declaration of abaudonment ofland

53 To receive application& for eertifioate or va!idat:ton

and to sign imd isime certificates of validation

59 To give publicity to scheme of regularization

15\ 'to propose creation ofwa:yleave

152,153 To receive applicitions for communal right of way

;,1.~d wayleave and ti) complete form for creation of
wayleave

Tu v1ovu1>e ,;;re.ttion ofpublio right ofway

168 ro order substituted service

to publish notices in newspapers 300 Ute Gazette

!69

045
 Land (Function ofAuthorised Officers)
G,N. No. 76 (t:t1,tld.)

170 Exercise powers to enter and inspect l1l1Y land

171 Exercise power to call for infonnation from an

175 To sign and serve notice on any person in unlawful

o,:.,;,uvutiou uflai1d, aud to require such person to
vacate the Jwd

176 To make and sign order requiring any person to

remove obstruction on any pubJic rigb:t of way

SECOND SCHEDULE - (r,gut.don 3)

ADDITION,U FUNCTIONS

(a) to assist any person appointed under section l 8 to

hulll au inquiry umli;ir Sis, 5, 58 und 154 of the
Act.
(b) to identify and recommend to the Commissioner
the land to be designated for investment pWlJoses
under S. 20 ofthe 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 Aet
(e) to recommen<l ro the Commissioner a.ea1; to be
dedarerl areas of mgnhiri1.ation 1mrlr:r ~ ~R nf
the At:t

646
 Land (Function ofAuthorised Officers)
G,N. No. 76 i:"'fltltd .'

(f) to receive and to foiward lo the Commissioner

views, representations and objections from
members of the public under sections 58 and 154
ofthe Act
(g) to mllke nccc,~m-y a.na.ngo1m::nl~ for lhir
assessment of compensation that may be payable
under sections 5, 7, 22, 34, 49, 54,60, 156 or any
other provision of the Act
(h) to receive applications or claims for
compensation under Sections 5, 7,22, 34,4_9,54,
60, 156 or any other provision of the At:t and to
forward such applications to the Land
Compensation Fund;
(i) to receive applications or claims for
compens11tfon 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
ofway is created.
G) to provide information and guidance of a general
character either orally or in writing to members
of the publi!.i in connection with fond m:itten: and
the implementation ofthe Act S. 13 (1).
(k) To provide infonnation and assistance to relevant
Slate offlc~a1s for \'n\Jc proimcui\on or off,..11Ut'r11
under Ss. 15, i?'i and 17'8 of the Act.

Dar es Salaam, G. CilEYO,

3'' May, 200 I Minister for Lands and
Ilumcm Seulement Development
647