CHAPTER 287
LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

   4.   Minister to work for development of meaningful, democratic local government.

PART II
LOCAL GOVERNMENT AREAS, ESTABLISHMENT, REGISTRATION AND VARIATION OF AREA OF
LOCAL GOVERNMENT AUTHORITIES

Establishment of District Councils

   5.   Power of Minister to establish district councils.

   6.   Contents of establishment order.

   7.   Procedure for establishment of district councils.

   8.   Certificate of establishment.

   9.   Contents and effect of certificate.

   10.   Variation of area of district council.

   11.   Consequences of variation of area.

   12.   District council to be body corporate.

Establishment of Township Authorities

   13.   Power of Minister to establish township authority.

   14.   Contents of establishing order.

   15.   Procedure for establishment.

   16.   Certificate of establishment.

   17.   Contents and effect of certificate.

   18.   Variation of area of township authority.

   19.   Township authority to be body corporate.

   20.   Attainment of town council status.

   21.   Consequences of attainment of new status.

Establishment of Village Authorities

   22.   Registration of villages.

   23.   Appointment of Registrar.

   24.   The village assembly.

   25.   The village council.

   26.   Village council to be body corporate.

   27.   Attainment by village of township status.

   28.   Consequences of attainment of new status.

Divisions and Wards

   29.   District to be divided into divisions and wards.

   30.   Division of district council into wards.

   31.   Establishment of Ward Development Committee.

   32.   Functions of Ward Development Committee.

   33.   Procedure for implementation of schemes and programmes.

   34.   Proceedings of Ward Development Committee.

PART III
COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES

Composition of District Councils

   35.   Constitution of district councils.

   36.   Chairmanship of district councils.

   37.   Election of elected members.

   38.   Qualifications for election.

   39.   Tenure of office of elected members.

   40.   Cessation of membership for disqualification.

   41.   Resignation and absence of members.

   42.   Casual vacancies.

   43.   Decision of questions as to membership of council.

   44.   Procedure for the election of Chairman and Vice-Chairman.

Composition of Township Authorities

   45.   Constitution of township authority.

   46.   Election of Chairman and Vice-Chairman.

   47.   Elected and appointed members of the township authority.

   48.   Qualifications for election.

   49.   Tenure of office of members.

   50.   Cessation of membership for disqualification.

   51.   Resignation and absence of members.

   52.   Casual vacancies.

   53.   Decision of questions as to membership of township authorities.

   54.   Procedure for the election of Chairman and Vice-Chairman.

Composition of Village Government Organs

   55.   Composition of village assembly.

   56.   Composition of village council.

   57.   Election of village council.

   58.   Qualifications for election.

   59.   Tenure of office of members.

   60.   Cessation of membership for disqualification.

   61.   Resignation and absence of members.

   62.   Casual vacancies.

PART IV
MEETINGS AND PROCEEDINGS OF LOCAL GOVERNMENT AUTHORITIES

Meetings and Proceedings of District Councils

A – Provisions Regarding Meetings

   63.   Frequency, place and time of meetings.

   64.   Quorum at meetings.

   65.   Presiding at meetings.

   66.   Decisions of district councils.

   67.   Meetings to be held in public.

   68.   Minutes of meetings.

   69.   Minutes to be open for inspection.

   70.   Standing orders of the district council.

   71.   Councillors' interest in contracts and agreements.

   72.   Councillors' liability.

   73.   Validity of acts and proceedings of district council and officers.

   74.   Invitation to non-members to attend meetings.

B – Committees of District Councils

   75.   Standing committees of the district.

   76.   Functions of standing committees.

   77.   [Repealed.]

   78.   Co-option of non-councillors to committees.

   79.   Delegation of powers to committees.

   80.   Sub-committees.

   81.   Joint-committees.

   82.   Standing orders for committees.

   83.   Proceedings of committees and sub-committees.

   84.   Effect of vacancies on committees.

   85.   Reports of committees and sub-committees.

   86.   Public and press.

   87.   Rules.

   88.   Establishment of service board.

Meetings and Proceedings of Township Authorities

A – Provisions Regarding Meetings

   89.   Meetings of township authority.

   90.   Quorum at meetings.

   91.   Presiding at meetings.

   92.   Decisions of township authorities.

   93.   Meetings open to the public.

   94.   Minutes of meetings.

   95.   Minutes to be open for inspection.

   96.   Validity of acts and proceedings of township authority and officers.

   97.   Invitation to non-members to attend and participate.

B – Committees of Township Authorities

   98.   Power to establish standing committees.

   99.   Co-option of non-councillors to committees.

   100.   Delegation of powers to committees.

   101.   Proceedings of committees.

   102.   Reports of committees.

   103.   Public and press.

   104.   Rules.

Meetings of Village Government Organs

   105.   Meetings of village assembly.

   106.   Meetings of village council.

   107.   Quorum at meetings of village councils.

   108.   Village council may regulate its own proceedings.

   109.   Committees of village council.

   110.   Delegation of power to committees.

   111.   Vacancies not to invalidate proceedings.

   112.   Rules, directions and delegations.

PART V
FUNCTIONS AND DUTIES OF LOCAL GOVERNMENT AUTHORITIES

Basic Functions

   113.   General functions of local government authorities.

   114.   Objectives for functions.

   115.   Public Hearings.

   116.   Minister to make regulations conferring specific functions.

   117.   Performance of functions and duties under other written laws.

   118.   Power to acquire land by or for local authorities.

   119.   Power to sell, let and mortgage land and charge rents.

   120.   Liability of members.

Functions and Duties of District Councils

A – General Functions and Powers

   121.   Duty to discharge functions.

   122.   General functions and duties.

   123.   Performance of functions delegated to district councils.

   124.   Delegation of functions.

   125.   Abuse of authority by a director.

B – Duties and Discharge of Duties

   126.   Duties of Directors in respect of offences.

   127.   Duty of persons to appear before Director.

   128.   The Courts.

   129.   Power to accept gifts.

   130.   Power to contract.

   131.   Power to insure.

   132.   Power to write off arrears of revenue, cash and stores.

   133.   Power to charge fees.

   134.   Power to enforce performance of functions.

   135.   Inquiries relating to performance of functions.

Functions and Duties of Township Authorities

   136.   Duty to discharge functions.

   137.   General functions and duties.

   138.   Performance of functions delegated to township authority.

   139.   Power to accept gifts.

   140.   Power to contract.

   141.   Power to insure.

   142.   Power to write off arrears of revenue, cash and stores.

   143.   Power to charge fees.

   144.   Power to enforce discharge of functions and duties.

   145.   Inquiries into performance of functions and duties.

Functions of Village Government Organs

   146.   Functions of village assembly.

   147.   Functions of village council.

   148.-151.   [Repealed.]

PART VI
LEGISLATIVE POWERS OF LOCAL GOVERNMENT AUTHORITIES

Legislative Powers of and in respect of District Councils

   152.   Powers of Minister to make uniform by-laws for district councils.

   153.   Power of district council to make by-laws for district council.

   154.   Procedure where Minister makes uniform by-laws.

   155.   Procedure where district council makes by-laws.

   156.   Evidence of by-laws made by district council.

   157.   By-laws may impose special conditions.

   158.   Penalties for breach of by-laws.

   159.   Powers of Divisional and Ward Secretaries to enforce by-laws.

Legislative Powers of and in respect of Township Authorities

   160.   Power of township authority to make by-laws.

   161.   Procedure where township authority makes by-laws.

   162.   Power of Minister to make uniform by-laws.

   163.   Procedure where Minister makes uniform by-laws.

   164.   By-laws may impose special conditions.

   165.   Evidence of by-laws made by township authority.

   166.   Copy of by-laws to be deposited at offices of township authority.

   167.   Penalties for breach of by-laws.

Legislative Powers of and in respect of Village Councils

   168.   Power of village council to make village by-laws.

   169.   Procedure for making by-laws.

   170.   Power of Minister in respect of village legislation.

   171.   Evidence of by-laws made by village council.

   172.   Penalties for breach of village by-laws.

PART VII
PROVISIONS REGARDING RELATIONSHIP BETWEEN LOCAL AND CENTRAL GOVERNMENT ORGANS AND OFFICERS

   173.   Discharge of duty of Minister under section 4.

   174.   Power of Minister to transfer functions.

   175.   Expenses in respect of transferred functions.

   176.   Code of conduct.

   177.   Power to dissolve authority prematurely.

   178.   Power to dissolve councils in default.

   179.   Delegation of powers of Minister.

   180.   Supply of information.

PART VIII
FUNCTIONS OF THE CENTRAL GOVERNMENT IN RELATION TO LOCAL GOVERNMENT

   181.   Relations with central government.

PART IX
LEGAL PROCEEDINGS, NOTICES, REPEALS, AND CONSEQUENTIAL PROVISIONS

Legal Proceedings and Notices

   182.   Offences.

   183.   Powers of entry.

   184.   Powers of arrest.

   185.   Offence to obstruct.

   186.   Penalty for unqualified person sitting or voting.

   187.   General penalty.

   188.   Books to be prima facie evidence of sums due.

   189.   Offence by company or partnership.

   190.   Notice of suits.

   191.   Limitation of suits against authorities.

   192.   Mode of service on authority.

   193.   Trial of persons.

   194.   Preservation of jurisdiction of courts.

   195.   Appeals.

   196.   Description of property.

   197.   Burden of proof as to who occupier is.

   198.   Name of authority, etc., need not be proved.

   199.   Service of notice by authority.

   200.   Authentication and execution of documents.

   201.   Publication of notices.

Consequential and Savings Provisions

   202.   [Repeal of laws.]

   203.   Savings.

   204.   [Consequential provisions.]

SCHEDULES

CHAPTER 287
THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT

An Act to make provision for district authorities and to provide for related matters.

[14th March, 1983]
[1st January, 1984] 1
[G.Ns. Nos. 36 and 206 of 1983]

Acts Nos.
7 of 1982
8 of 1988
4 of 1993
15 of 1993
17 of 1996
6 of 1999
14 of 1999
4 of 2000

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Local Government (District Authorities) Act.

2.   Application

   This Act shall apply to every district authority established under this Act.

3.   Interpretation Act No. 8 of 1992 s. 3; 15 of 1993 s. 3; 6 of 1999 s. 3; 4 of 2000 Sch.">

   (1) In this Act, unless the context requires otherwise–

   "appropriate authority" when used in relation to any act, appointment, dismissal, licence, permit, matter or other thing, means the person, committee or other body of persons permitted, required or in any other way made responsible by this Act for doing the act, making the appointment or issuing the dismissal, licence or permit, or doing that matter or other thing;

   "area" when used in relation to any local government authority, means the area in which the local government is established, or empowered by or under this Act to exercise jurisdiction in accordance with this Act;

   "Assembly" means the National Assembly of the United Republic established by the Constitution *;

   "auditor" means, in relation to a district council and an urban authority the Controller and Auditor General, and in relation to any other district authority, the person appointed by a local government authority, with the prior approval of the Minister, to audit the accounts of that district authority in accordance with Head C of Part IV of the Local Government Finances Act *, and includes a person duly authorised in that behalf by the auditor for the purpose of that Part of that Act;

   "authority" and "local authority" both mean a local government authority and when used in relation to a township, means the township authority for that township;

   "Chairman"

   (a)   when used in relation to a district authority means the Chairman of that authority;

   (b)   when used in relation to any committee or other body of persons, means the Chairman of that committee or that other body of persons, and includes the Vice-Chairman of the district authority, the committee or of the other body of persons, or any other person acting in the absence of the Chairman and the Vice-Chairman, when he exercises the functions or discharges the duties of the Chairman pursuant to this Act;

   "committee"

   (a)   when used in relation to a district authority, means a committee established or appointed by that district authority under this Act;

   (b)   when used in relation to a sub-committee, means a sub-committee appointed by a committee;

   (c)   when used in relation to any other committee, means that other committee;

   "Constitution" means the Constitution of the United Republic of Tanzania *;

   "council"

   (a)   when used in relation to a district, means the district council for the district;

   (b)   when used in relation to any village, means the village council for that village;

   "court" means any court in mainland Tanzania of competent jurisdiction and includes a ward tribunal established under the Ward Tribunals Act *;

   "Director" means in relation to any district council, the District Executive Director appointed for that district council under section 22 of the Local Government Service Act *;

   "district" means any part of Mainland Tanzania proclaimed or deemed to be proclaimed by the President to be a district pursuant to powers conferred on him by the Constitution;

   "district authority" means a district council, a township authority or a village council or Kitongoji;

   "District Commissioner" has the meaning ascribed to it by the Regional Administration Act *, and–

   (a)   when used in relation to a district, means the District Commissioner for the district concerned; and

   (b)   when used in relation to a local government authority, means the District Commissioner for the district in which that local government authority is established;

   "district council" means a district council established under section 5;

   "functions" includes powers and duties;

   "joint committee" means a committee appointed jointly by two or more local government authorities pursuant to section 81;

   "Kitongoji" means a part or a division of a village and includes a part or a division of a township situated in an area under the jurisdiction of a District Council;

   "local government authority" means a district authority or an urban authority;

   "Member" means all members of the Local Government Authority specified under section 35 of this Act;

   "Minister" means the Minister responsible for local government;

   "national school" and "regional school" shall each have the meaning assigned to it by section 2(1) of the Education Act *;

   "political party" means a political party registered under the Political Parties Act *;

   "region" means any part proclaimed or deemed to be proclaimed by the President to be a region pursuant to powers conferred on him by the Constitution;

   "Regional Commissioner"

   (a)   when used in relation to a region, means the Regional Commissioner for the region concerned;

   (b)   when used in relation to a district authority, means the Regional Commissioner for the region in which that district authority is established;

   "Registrar" means the Registrar of Villages appointed under section 23;

   "Scheme" means the Local Government Service Scheme;

   "Service" means the unified service, known as the Local Government Service, of authorities to which the Scheme applies, the establishment of which is provided for by the Scheme;

   "service board" when used in relation to this Act means service board established in accordance with section 88:

   "township" means the area of jurisdiction of a township authority;

   "township authority" means a township authority established under section 13;

   "ujamaa village" means a village designated under this Act as an ujamaa village;

   "urban authority" means a city council, a municipal council or a town council;

   "village" means a village registered as such under this Act;

   "village assembly" means, in relation to a village, the village assembly of that village and in relation to an ujamaa village, the village assembly of the ujamaa village;

   "village council" means, in relation to a village, the village council of that village and in relation to an ujamaa village, the village council of the ujamaa village;

   "Ward Development Committee" means the committee established by section 31.

   (2) Where a township or a village is situated partly within one district and partly within another, the Minister shall determine which District Commissioner, Regional Commissioner and Regional Committee shall have jurisdiction over the township or the village.

   (3) Where it is provided in this Act that any power may be exercised subject to the provisions of this Act, the provisions shall be read and construed as providing, in relation to any authority, that the power may be exercised subject to those provisions of this Act which apply to that authority.

4.   Minister to work for development of meaningful, democratic local government Act No. 6 of 1999 s. 4">

   (1) It shall be the duty of the Minister, subject to this Act, to work towards–

   (a)   the promotion of local government in Mainland Tanzania;

   (b)   the evolution, progressive development and perpetuation of local government institutions geared and devoted to the pursuance of the meaningful involvement of and participation by the people in the making of decisions on matters affecting or connected with their livelihood and well-being at all local levels;

   (c)   securing the effective execution by local government authorities, of the national policy on local government.

   (2) In discharging the duty imposed on him by this section, the Minister shall be guided, subject to this Act, by the need to evolve, and to foster, sound principles of democracy enshrined in the Constitution * and elaborated upon by or in the written laws of the United Republic.

   (3) The Minister shall in exercising the powers and discharging the functions under this Act, be guided and bound by the need to promote decentralisation and the devolution of functions, powers and services from the central government system to local government and within the local government system from district council levels to lower level of local government.

   (4) The Minister shall endeavour to ensure that there are adequate financial and other resources for various sectors or aspects of local government so as to ensure the effective and efficient development of the local government system.

   (5) The Minister shall–

   (a)   ensure availability and adequate supply of personnel trained, skilled or qualified for work in various sections or aspects of local government so as to secure the growth and development of an effective and efficient system of local government;

   (b)   endeavour to ensure that the local government authorities are strong and effective institutions and that are more and more autonomous in managing their own affairs and they operate in a more transparent and democratic manner;

   (c)   ensure that local authorities are accountable to the people and are generally so facilitated to improve their capacities towards being stronger and effective in delivering services to their people;

   (d)   endeavour to ensure that there is available adequate financial and other resources for various sectors or aspects of local government so as to ensure the effective and efficient development of the local government system.

PART II
LOCAL GOVERNMENT AREAS, ESTABLISHMENT, REGISTRATION AND VARIATION OF AREAS OF LOCAL GOVERNMENT AUTHORITIES (ss 5-34)

Establishment of District Councils (ss 5-12)

5.   Power of Minister to establish district councils

   (1) Subject to section 7, and to other provisions of this Part the Minister may, after consultation with the President, by order published in the Gazette, establish such district councils as he may deem necessary for the purpose of local government.

   (2) In the discharge of the duty imposed by subsection (1) the Minister may, subject to this Act, establish such number of district councils in such areas as he may deem necessary, expedient or desirable for the purpose of establishing, promoting, developing and maintaining an effective and efficient system of local government.

   (3) Nothing in this section shall be construed as requiring the Minister to establish a district council in every area in which there was established a District Development Council immediately before the commencement of this Act.

   (4) The area of jurisdiction of a district council shall be such area or place as shall be specified in the order made under subsection (1).

   (5) With effect from the date of the coming into operation of an order made under subsection (1), the District Development Council previously established in the area over which the district council is established by the order shall stand dissolved and shall not, at any subsequent time or period exercise any function in relation to that area under any other written law.

6.   Contents of establishment order

   Every order made under section 5 shall–

   (a)   specify the name or names of the district council or councils being established and the date or dates on which it or they shall be established;

   (b)   define the area in which the district council shall be established and over which it shall exercise jurisdiction;

   (c)   prescribe the device and official seal of the district council,

and may, in any appropriate case, include any ancillary matters such as the apportionment of assets, the continuance of by-laws and the effect on existing district councils of the establishment of the new district council or councils.

7.   Procedure for establishment of district councils

   (1) No district council shall be established except in accordance with the procedure prescribed by this section.

   (2) Where it is intended to establish a district council in respect of any area or areas, the Minister shall, at least two months before making an establishment order under section 5, by notice published in the Gazette, and in any national newspaper or, as the case may be, any newspaper circulating in the area or areas in which it is intended to establish the district council, give notice of the intention, indicating the general direction of the boundaries, and such other matters as he deems necessary, and call upon all interested authorities or persons affected, to lodge with him in writing any objections or other representations in such manner and within such time as may be prescribed.

   (3) If, upon the expiration of the notice, no objections or other representations are received from any authority or person, the Minister shall proceed to make and publish in the Gazette, the order under section 5.

   (4) Where any objections or other representations are lodged in writing with the Minister pursuant to the notice given under subsection (2), the Minister shall cause to be delivered an acknowledgement to the authority or persons lodging the objection or other representations concerned, and shall take into account the objections or representations in determining whether or not to establish the district council or the area of the district council to be established.

   (5) As soon as possible after making the order under section 5, the Minister shall lay before the Assembly a copy of the notice issued under subsection (2), together with a copy of the order subsequently made under section 5.

8.   Certificate of establishment

   (1) As soon as possible after the order made under section 5 and the notice issued under section 6 in respect of any district council have been laid before the Assembly, and in any case not later than the date specified in the establishment order as its date of commencement, the Clerk of the Assembly shall furnish to the district council or councils established or to be established, or whose boundaries are varied or are to be varied, as the case may be, a certificate under his hand containing the particulars prescribed by section 9; and the certificate shall be displayed in a prominent position in the principal office of the district council.

   (2) Every certificate of establishment shall be in quintuplicate, and the Clerk of the Assembly shall retain a copy and send the three remaining copies one each to the Minister, the Permanent Secretary to the Treasury and the Regional Commissioner responsible for the region in which the district council in question is established.

9.   Contents and effect of certificate

   (1) A certificate of establishment furnished under section 8 shall specify–

   (a)   the name of the district council being established;

   (b)   the total number of members;

   (c)   the number of elected members and appointed members;

   (d)   the place where the principal office of the authority shall be situated;

   (e)   such other particulars as the Minister may determine.

   (2) A certificate of establishment furnished under section 8 shall provide conclusive proof and final authority for the establishment or the variation of the boundaries of a district council, shall be the statutory instrument signifying the delegation by the Assembly of legislative power to the district council in respect of matters within its area of jurisdiction, and be conclusive evidence, in any proceeding, of the establishment of the district council concerned.

   (3) Upon the issue of a certificate of establishment and the commencement of an order made under section 5 in respect of any area, whether or not the order is in respect of an existing district council, any reference in any written law, contract or other instrument or document to the local government authority in whose area a district council is established by the order shall be construed as a reference to the name of the district council as established by the order.

   (4) Upon the issue of a certificate of establishment under section 8, where the area of the new authority was the area of a district development council, the district development council shall cease to exist and the affairs and operations of all persons and bodies of persons within that area shall be under the jurisdiction of the new authority, whose composition and operation shall be governed by this Act.

10.   Variation of area of district council

   (1) The Minister may, for the promotion of an efficient and effective system of local government, and after consultation with the district council or councils or other authorities concerned, by order published in the Gazette, vary the boundaries of any district council.

   (2) The Minister shall make an order under subsection (1) whenever–

   (a)   a new local government authority is to be established in the area or part of the area over which an existing district council has jurisdiction;

   (b)   an area is to be transferred from the jurisdiction of one district council to that of another;

   (c)   it is intended to amalgamate or regroup two or more district councils.

   (3) An order made under this section shall not come into operation unless and until the procedure prescribed by section 7 has been complied with.

11.   Consequences of variation of area

   Where the boundaries of a district council are varied in accordance with section 10, the Minister shall, in the order providing for the variation or in a subsequent order to which the provisions of subsection (3) of section 10 shall apply, make provision for–

   (a)   the apportionment of the franchises, property, income, debts and expenses and of all rights, interests, obligations and liabilities arising under contract in relation to the area or areas transferred as between the district council from which the area or areas are transferred and that to which it or they are transferred as a result of the variation in the boundaries;

   (b)   the preservation, continuation or modification of rights of persons in the area or areas transferred arising from the operation in relation to them of the by-laws subsisting in the jurisdiction of the district council or councils from which the area or areas are transferred;

   (c)   the application of by-laws of the former district council or councils to the new district council established through the amalgamation of two or more councils.

12.   District council to be body corporate Act No. 13 of 1988 Sch.">

   (1) Every district council established under this Part, and in respect of which there is furnished to the Minister by the Clerk of the National Assembly a certificate of establishment, shall, with effect from the date of commencement of the establishment order, be a body corporate, and shall–

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name be capable of suing or being sued;

   (c)   subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.

   (2) The Minister shall, for the purposes of the proper administration of the affairs of local government categorise district authorities into grades based on the size of the area, the population and the level of social and economic development within the district authority in question.

   (3) Where the Minister grades a district authority he shall cause a notice to that effect to be published in the Gazette, but the, Minister may, in the order made under section 5 establishing the authority in addition to the particulars required to be incorporated in the order, designate the grade of the district authority being established.

   (4) The grading of any district authority shall not affect its status as a body corporate, and it shall discharge its functions and exercise its powers under this Act notwithstanding its grade.

Establishment of Township Authorities (ss 13-21)

13.   Power of Minister to establish township authority Act No. 8 of 1992 s. 4">

   (1) The Minister may by order published in the Gazette, establish a township authority or such number of township authorities in such places or areas as he may see fit or desirable for the purposes of establishing, promoting, developing and maintaining an effective and efficient system of local government.

   (2) The area of jurisdiction of a township authority shall be such area or place as shall be specified in the order made under subsection (1).

   (3) the area of a township authority shall be divided into such number of Vitongoji as the Township Authority may determine.

   (4) Every Kitongoji shall have a chairman and the provisions of subsection 4 of section 30 shall apply mutatis mutandis in relation to the election and removal of the chairman.

14.   Contents of establishing order

   Every order made under section 13 shall–

   (a)   specify the name or names of the township authority or authorities being established and the date or dates on which it or they shall be established;

   (b)   define the area in which the township authority or authorities shall be established and over which it or they shall exercise jurisdiction;

   (c)   prescribe the device and official seal of each township authority so established,

and may, in any appropriate case, include any ancillary matters such as the apportionment of assets, the continuance of the application of by-laws and the effect on existing local authorities in the neighbourhood, or the establishment of the new township authority or authorities.

15.   Procedure for establishment

   An order made under this Part, establishing a township authority shall not come into operation or be published in the Gazette, save after prior approval of the district council, in whose area of jurisdiction the township authority in question is to be established, signified by resolution, has been given to the proposal to establish the township authority.

16.   Certificate of establishment

   (1) As soon as possible after an order providing for the establishment of a township authority has been published in the Gazette, the Director of the district council in whose area of jurisdiction the township authority is being established shall furnish to the township authority established by the order a certificate under his hand signifying the approval of that district council to the establishment of township authority, and the incorporation of that township authority in the name specified in the order upon the commencement of the order.

   (2) The certificate of establishment furnished by the Director shall be displayed in a prominent position in the principal office or ordinary meeting place of the township authority.

17.   Contents and effect of certificate

   (1) The certificate of establishment furnished by the Director pursuant to section 16 shall be conclusive proof of, and provide final authority for, the establishment of the township authority.

   (2) In addition to the name of the township authority being established, the certificate shall specify–

   (a)   the total number of members;

   (b)   the number of elected and of appointed members;

   (c)   the place where the principal office of the township authority shall be situated; and

   (d)   such other particulars as the Minister may, by notice published in the Gazette, with the prior approval of the Assembly, determine.

   (3) Every certificate of establishment shall be in quadruplicate, and the Director shall retain a copy and send the remaining two copies one each to the Minister and the Regional Commissioner responsible for the Region in which the township authority concerned is established.

18.   Variation of area of township authority

   (1) The Minister may, where he deems it necessary or expedient for the promotion of an efficient and effective system of local government, and after consultation with the district council in whose area of jurisdiction a township authority is established, by order published in the Gazette, vary the boundaries of any township authority.

   (2) The Minister shall make an order under subsection (1) whenever–

   (a)   it is proposed to enlarge the area of the township authority;

   (b)   it is proposed to transfer any area of the township authority to another local government authority or to transfer to it any area of another local government authority or both;

   (c)   it is intended to establish a new local government authority in an area under the jurisdiction of the township authority.

   (d)   it is proposed to amalgamate or regroup two or more township authorities.

   (3) The provisions of section 15 relating to the establishment of township authorities shall apply mutatis mutandis to orders for the variation of boundaries of township authorities.

19.   Township authority to be body corporate

   Every township authority established under this Part, and in respect of which there is furnished to the Minister by the Director a certificate of establishment in pursuance of subsection (3) of section 17 shall, with effect from the date of commencement of the establishment order, be a body corporate, and shall –

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name be capable of suing or being sued;

   (c)   subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.

20.   Attainment of town council status

   (1) The Minister shall, by notice published in the Gazette, specify prerequisite qualifications for the attainment by a township authority to the status of a town council, in accordance with the national policy on urban development.

   (2) Upon the satisfaction of the qualifications referred to in subsection (1) by a township authority, the township authority shall be conferred the status of a town council.

21.   Consequences of attainment of new status

   Upon the attainment to the status of a town council and the conferment of that status upon it, the township authority shall cease to be a local government authority of that status and shall be governed in its constitution and operation by the law in force in relation to urban authorities.

Establishment of Village Authorities (ss 22-28)

22.   Registration of villages

   (1) In any case where the Registrar is satisfied that a prescribed number of households have settled and made their homes within any area of Mainland Tanzania, and that the boundaries of that area can be particularly defined, he may, subject to any directions given in that behalf by the Minister, register that area as a village.

   (2) Notwithstanding subsection (1), the Minister may, in any case–

   (a)   authorise two or more areas to be registered as a single village;

   (b)   authorise the registration of an area as a village notwithstanding that there are less than the prescribed number of households within the area.

   (3) The Registrar shall, and at least once in every calendar year, cause a notice to be published in the Gazette listing every village registered by him since the publication of the previous notice and specifying the location of that village.

23.   Appointment of Registrar Act No. 6 of 1999 s. 5">

   (1) The Minister shall appoint a public officer to be the Registrar of Villages for the purposes of this Part.

   (2) The chief executive officer of the district council shall be the assistant registrar of villages situated in the area of that district council.

   (3) The Registrar shall discharge and exercise such functions and powers as are conferred upon him by or under this Act, and any other functions and powers which may be conferred upon him by any other written law.

   (4) Subject to this Act and to any directions in that behalf given by the Minister, the Registrar may, by writing under his hand, delegate any of his functions to an Assistant Registrar.

24.   The village assembly

   There shall be a village assembly for every village.

25.   The village council

   There shall be a village council for every village in accordance with the provisions of this Act.

26.   Village council to be body corporate

   (1) As soon as may be practicable after the election of the first village council following the registration of a village, the Registrar shall furnish to the village council a certificate of incorporation in the prescribed form, and also a copy of that certificate to the appropriate Director.

   (2) Upon the issue of a certificate of incorporation in relation to a village, the village council of the village in question shall, with effect from the date of that certificate, be a body corporate, and shall–

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name be capable of suing or being sued;

   (c)   subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.

27.   Attainment by village of township status

   (1) The Minister shall, by notice published in the Gazette specify qualifications prerequisite to the attainment by any area to the status of a township, in accordance with the national policy on urban development.

   (2) Where any village, or any group or villages together, satisfy the qualifications prerequisite to the attainment of township authority status, the Minister may, subject to this Act, declare the area of that village, or those villages, as the case may be, to be a township.

28.   Consequences of attainment of new status

   (1) Where a village, or the area of a group of villages, is conferred the status of a township, there shall cease to exist in that area a village or villages and there shall be established, in lieu of the village or those villages, a township authority, subject to the provisions of this Act.

   (2) Notwithstanding subsection (1), the Minister may provide for the inclusion of neighbouring village in the area over which a township authority is established, for the purposes only of provision by the authority of any specified services to those villages.

Divisions and Wards (ss 29-34)

29.   Districts to be divided into divisions and wards

   (1) Every district to which this Act applies shall be divided into such number and size of divisions as may, subject to this section, be specified.

   (2) A division shall consist of such number and size of wards as the district council may determine, subject to subsection (3).

   (3) The Minister may by order published in the Gazette, provide for general principles to guide and to be complied with by all district councils in determining the number and size of divisions in their respective areas.

30.   Division of district council into wards Acts Nos. 8 of 1995 s. 5; 14 of 1999 Sch.">

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