Regulation of Land Tenure (Established Villages) Act

Jurisdiction
Tanzania
Citation
Chapter 267
Date
31 July 2002
Language
English
Type
Legislation
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Tanzania

Regulation of Land Tenure (Established Villages) Act

Chapter 267

  • Published in Tanzania Government Gazette
  • Commenced on 1 January 1993
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of 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. This version is up-to-date as at 31st July 2002.]
[DPG; Acts Nos. 22 of 1992; 18 of 1995; 2 of 2002]An Act to regulate land tenure in villages established pursuant to Operation Vijiji, to provide for the settlement of land disputes and for related matters.

1. Short title

This Act may be cited as the Regulation of Land Tenure (Established Villages) Act.

2. Interpretation

In this Act unless the context requires otherwise—"High Court" means the High Court (Land Division);"Minister" means the Minister for the time being responsible for lands;"Operation Vijiji" means the settlement or re-settlement of people in villages during and at any time between the years 1970 and 1977, for the purpose of implementing the policy of villagisation;"Tribunal" means the District Land and Housing Tribunal;"village land" means all the land within the boundaries of any village established as the result of Operation Vijiji, whether or not such area has been registered as a village in accordance with section 22 of the Local Government District Authorities) Act 1.1Cap. 287

3. Extinction of certain rights

(1)Subject to the provisions of section 4 of this Act, all rights to occupy or to use land in accordance with any custom or rule of customary law existing or held or claimed to be held by any person in any Village land prior to operation Vijiji, are hereby extinguished.
(2)For the avoidance of doubt the extinction of rights under subsection (1) of this section shall not affect—
(a)any right to occupy or to use any village land which was acquired by any person during or subsequent to operation Vijiji, in any village established as the result of Operation Vijiji, or
(b)any right to use or to occupy any land in accordance with any custom or rule of customary law existing in any village which was not established as the result of operation Vijiji.

4. Claims for compensation

Where in any proceedings instituted in accordance with the provisions of this Act, it is proved to the satisfaction of the Tribunal that—
(a)any person was an occupier of any village land to which section 3 applies;
(b)the person had made any unexhausted improvements or added any ascertainable value to the village land prior to operation Vijiji; and
(c)such land was not subsequently allocated to that person,
the Tribunal may award such compensation as the Tribunal may think is fair in relation to the value of the unexhausted improvements or the value added to that land.

5. ***

[Repealed by Act No. 18 of 1995 Sch.]

6. Institution of proceedings

(1)Proceedings under this Act may be instituted in the Tribunal having jurisdiction over the area in which the dispute arises:Provided that where the Customary Leaseholds (Enfranchisement) Act 2 does not apply, the Minister may for the purpose of this Act, establish a Tribunal and the Tribunal so established shall perform all the functions and exercise all the powers of the Tribunal under this Act.2Cap. 377

7. ***

[Repealed by Act No. 2 of 2002 Sch.]

8. ***

[Repealed by Act No. 2 of 2002 Sch.]

9. ***

[Repealed by Act No. 2 of 2002 Sch.]

10. ***

[Repealed by Act No. 2 of 2002 Sch.]

11. Amendment of R.L. Cap. 113

[Amends the Land Ordinance]

12. Revocation of G.N. No. 88 of 1987

[Revokes the Extinction of Customary Land Rights Order]
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History of this document

31 July 2002 this version
Consolidation
01 January 1993
Commenced