Tanzania
Land Acquisition Act
Chapter 118
- Commenced on 23 March 1968
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Land Acquisition Act.2. Interpretation
In this Act, unless the context otherwise requires—"corporation" means anybody corporate incorporated or established by or under any written law and includes a company which, though not incorporated in Tanzania, has complied with the provisions of section 321 of the Companies Act;[Cap. 212]"Court" means the High Court;[Cap. 4 s. 8]"land" means any parcel of land held for a Government lease as defined in the Freehold Titles (Conversion) and Government Leases Act or under a right of occupancy as defined in the Land Act and any portion of, or any estate or interest in, such land;[Cap. 393; Cap. 113]"Minister" means the Minister responsible for lands;"minor settlement" means a minor settlement declared as such under the Local Government (District Authorities) Act, or an area under the jurisdiction of the District Council which immediately prior to the establishment of such District Council was a minor settlement;[Cap. 287]"municipality" means a municipality established under the Local Government (Urban Authorities) Act;[Cap. 288]"township" means an area within the jurisdiction of a Town Council and an area which, immediately before the establishment of a District Council for any part of Tanzania, was a Township declared under the Township Ordinance.[R.L. Cap. 101]Part II – Compulsory acquisition
(a) President may acquire lands
3. Power of President to acquire lands
The President may, subject to the provisions of this Act, acquire any land for any estate or term where such land is required for any public purpose.[Act No. 2 of 2002 s. 57]4. Definition of public purpose
5. Preliminary investment
6. Notice of intention to take lands
If the President resolves that any land is required for a public purpose, the Minister shall give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same, or to such of them as shall, after reasonable inquiry, be known to him.7. Notice or intention to yield possession and power to take possession
8. Service and publication of notice
9. Party not to be compelled to sell or convey part of house
No person shall at any time be required to yield up possession to the President of a part only of any house or other building if such person is willing and able to yield possession of the whole of such house or building.10. Owners of inter-related lands may insist on same being taken
(b) Compensation
11. Government to pay compensation
12. Restriction on compensation
13. Disputes as to compensation, etc
Where any land is acquired under this Act and there is a dispute or disagreement relating to any of the following matters—14. Assessment of compensation
In assessing compensation for any land acquired under the provisions this Act, the Minister or the Court, as the case may be, shall, subject to section 12—15. Interest
16. Effect of decision of court and postponement of payment of compensation
17. Parties in possession as owner to be deemed entitled to lands
If any question arises respecting the title to any land to be acquired under this Act, the parties in possession as being the owners thereof, or in receipt of the rents of such land as being entitled thereto, immediately before the time when such land is acquired shall be deemed to have been lawfully entitled to such land unless the contrary is shown to the satisfaction of the Court; and they and all parties claiming under them or consistently with their possession shall be deemed entitled to the compensation, but without prejudice to any subsequent proceedings against such parties at the instance of any person claiming to have a better right thereto.18. Payment to operate as discharge
(c) Miscellaneous
19. When President may withdraw from acquisition of land
20. Costs and execution in proceedings in which Government is party
21. Proceedings where possession of land withheld
If any person hinders or obstructs any person duly authorised by the President from entering upon and taking possession of any land on which the President may lawfully enter in pursuance of this Act, the Minister may apply ex parte at any time to the District Land and Housing Tribunal within whose jurisdiction such land is situate for an order of ejectment and such court may thereupon and upon proof of the publication in accordance with section 8 of the notice under section 7, issue an order of ejectment addressed to any officer of the court or to any police officer and such officer or police officer shall forthwith eject any person so withholding possession.[Acts Nos. 25 of 1968 s. 2; 2 of 2002 sch.]22. Penalty for obstruction
Any person who wilfully hinders or obstructs any person duly authorised by the President from entering upon or taking possession of any land in pursuance of the provisions of this Act or exercising in respect of any land any of the rights conferred by section 5, or who molests, hinders or obstructs such person when in possession of such land, or when exercising any of such rights or hinders or obstructs any officer of court or police officer when executing an order of ejectment, shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.23. Effect of service of notice
The fact that a notice has been served upon any person under section 6 or section 7 or that any such notice has been published in the Gazette shall not be taken as an admission by the President that the person on whom such notice has been served or the person named in the notice or any other person has any estate or interest in the land or any part of the land specified in the notice, or debar the Minister from alleging in any proceedings under this Act or otherwise that all rights in or in relation to such land are vested in the President.24. Saving for acquisition by agreement or under any law
Nothing in this Act shall prevent the President or the Minister from entering into any agreement with a person having any estate or interest in the land for the acquisition of such estate or interest or from acquiring any land under any terms or conditions contained in any Government lease or right of occupancy or under the provisions of any other written law.25. Transfer to President
Where a notice to acquire any land under this Act has been published in accordance with the provisions of section 8, the persons entitled to transfer the land shall, within six weeks of the publication of the notice in the Gazette, transfer and convey the same to the President, notwithstanding anything to the contrary contained in any written law or in any order made or issued by a court otherwise than under the provision of this Act.[Act No. 25 of 1968 s. 3]26. Persons entitled to transfer
The persons entitled to transfer land to the President shall be the persons who are seized, possessed of or entitled to land or any estate or interest or interest therein and also all guardians, managers of the estates of lunatics, trustees, executors and administrators, and all persons for the time being entitled to the receipt of the rents and profits of the land; and the power to transfer land to the President as aforesaid may lawfully be exercised by such persons not only on behalf of themselves and their respective heirs, executors, administrators and successors, but also for and on behalf of every person entitled in reversion or remainder after them or in defeasance of their estates, and as to such guardians on behalf of their wards, as to such managers of the estates of lunatics on behalf of such lunatics, and as to such trustees, executors and administrators on behalf of their cestuis que trust respectively to the same extent as such wards, lunatics, and cestuis que trust could have exercised the same powers under this Act if they had respectively been under no disability.27. Form of transfer
Every transfer and disposition to the President under this Act shall, notwithstanding anything to the contrary contained in any written law, be in the prescribed form.28. Certificate of title where no deed available
29. Effect of transfer
Where—30. Conditions to be imposed upon corporation for which land may be acquired
It shall be lawful for the President to require any corporation as a condition precedent to any declaration under subsection (2) of section 4 to enter into a contract with the Government making stipulations to the satisfaction of the President with regard to any of the following matters—31. Publication of conditions imposed upon corporation
Upon the execution of any contract referred to in section 30, the stipulations contained in such contract shall be embodied in the order of the President under subsection (2) of section 4.32. Compensation to be under this Act regardless of any law
Where any land is acquired under this Act then, notwithstanding the provisions of any other law, the compensation payable, if any, shall be in accordance with the provisions of this Act.Part III – Redevelopment areas
33. Interpretation of Part III
34. Declaration of redevelopment areas
35. Extinction of private rights
36. Re-grant of land on right of occupancy
37. Preservation of trusts, encumbrances, etc.
38. Exemption from fees and stamp duty
Part IV – Miscellaneous provisions
39. Repeal of R.L Cap. 118
Repeals the Land Acquisition Ordinance.40. Saving and transitional provisions
Notwithstanding the repeal of the Land Acquisition Ordinance—41. Regulations
The Minister may make regulations for the better carrying out of the purposes of this Act and, without prejudice to the generality of the foregoing, may make regulations—History of this document
30 November 2019 this version
Consolidation
23 March 1968
Commenced
Cited documents 0
Documents citing this one 161
Judgment 104
Gazette 44
Act 10
1. | National Parks Act | 207 citations |
2. | Local Government (District Authorities) Act, 1982 | 59 citations |
3. | Local Government (Urban Authorities) Act, 1982 | 54 citations |
4. | Export Processing Zones Act | 29 citations |
5. | Antiquities Act | 26 citations |
6. | Highways Act | 15 citations |
7. | Graves (Removal) Act | 14 citations |
8. | Water Resources Management Act, 2009 | 12 citations |
9. | Marine Parks and Reserves Act | 11 citations |
10. | Tanganyika Higher Education Trust Fund Act | 1 citation |
Government Notice 2
1. | Urban Leaseholds (Acquisition and Regrant) (Prescribed Forms) Rules, 1968 | 1 citation |
2. | Rural Farmlands (Acquisition and Regrant) (Prescribed Forms) Rules, 1966 |
Ordinance 1
1. | Mosquitoes (Control) Act |
Subsidiary legislation
Title
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Land Acquisition (Redevelopment Area) (Iringa Municipality) Order, 1996 | Government Notice 481 of 1996 |
Land Acquisition (Redevelopment Area) (Moshi Township) Order, 1994 | Government Notice 606 of 1994 |
Land Acquisition (Redevelopment Area) (Sumbawanga Township) Order, 1993 | Government Notice 283 of 1993 |