ARRANGEMENT OF SECTIONS
1. Short title.
4. Minister to work for development of meaningful democratic local government in urban areas.
URBAN AUTHORITY AREAS, ESTABLISHMENT AND VARIATION OF AREAS OF URBAN AUTHORITIES
5. Power to establish urban authority.
6. Content of establishment order.
7. Procedure for establishment of urban authority.
8. Procedure for establishing a city council in urban authority.
9. Certificate of establishment.
10. Contents and effect of certificate.
11. Variation of area of urban authority.
12. Disestablishment of villages.
13. Consequences of variation of area.
14. Urban authority to be body corporate and to be graded.
15. Existing urban authorities.
B: Urban Wards
16. Division of area of urban authorities into wards.
17. Mitaa committees.
18. Division of village area into vitongoji.
19. Village councils.
20. Establishment of ward committees.
21. Functions of ward committees.
22. Procedure for implementation of development projects.
23. Ward committee rules.
COMPOSITION OF URBAN AUTHORITIES
24. Membership of urban authorities.
25. Chairmen, Mayors, Vice-Chairmen and Deputy-Mayors.
27. Election of elected members.
28. Tenure of office of elected members.
29. Cessation of membership for disqualification.
30. Resignation and absence of members.
31. Casual vacancies.
32. Decision of questions as to membership of council.
MEETING AND COMMITTEES
A: Meetings of Urban Authorities
34. Frequency, place and time of meetings.
35. Notice of meetings.
36. Quorum at meetings.
37. Presiding in council.
38. Decisions of urban councils.
39. Meetings to be held in public.
40. Minutes of meetings.
41. Minutes to be open for inspection.
42. Standing orders of urban authorities.
43. Disability for voting on account of interest in contracts.
44. Validity of acts and proceedings of district council and officers.
45. Invitation to non-members to attend meetings.
46. Adjournment of meetings.
B: Committees of Urban Authorities
47. Standing committees.
48. Functions of standing committees.
49. Power to appoint occasional committees.
50. Co-option of non-members to committees.
51. Effect of vacancies on committees.
53. Joint committees.
54. Delegation of powers to committees.
55. Proceedings of committees and sub-committees.
56. Admission of public to meetings of committees.
57. Reports by committee.
58. Establishment of Service Board.
FUNCTIONS OF URBAN AUTHORITIES
59. Duty to discharge functions.
60. Basic functions of local government authorities.
61. Relations with Central Government.
62. Duties of urban authorities.
63. Regulations conferring specific functions.
64. Functions and duties under other written laws.
65. Liability of members.
B: Powers in Relation to Functions
66. Powers of urban authorities.
67. Power to acquire land.
68. Power to let and mortgage land and charge rents.
69. Power to accept gifts.
70. Power to contract.
71. Power to insure.
72. Power to write off arrears of revenue, cash and stores.
73. Power to charge fees.
74. Duties of Director in respect of offences.
75. Duty of persons to appear before Director.
76. The Courts.
C: Functions of the City Council Established Subject to Section 8
77. Functions of the City Council.
C: Powers of Minister
78. Discharge of duty of Minister under section 4.
79. Power to enforce performance of functions.
80. Inquiries relating to performance of functions.
81. Power to transfer functions.
82. Expenses in respect of transferred functions.
83. Power to dissolve authority prematurely.
84. Power to dissolve councils in default.
85. Delegation of powers of Minister.
86. Supply of information.
87. Powers of Regional and District Commissioner.
88. Delegation of legislative authority.
89. Power of urban authorities to make by-laws.
90. Procedure where urban authority makes by-laws.
91. Power of Minister to make uniform by-laws.
92. Procedure where Minister makes uniform by-laws.
93. By-laws may impose special conditions.
94. By-laws regulating building in urban authorities.
95. Evidence of by-laws made by urban authorities.
96. Copy of by-laws to be deposited at offices of urban authorities.
97. Penalties for breach of by-laws.
PROVISIONS RELATING TO LEGAL PROCEEDINGS
99. Powers of entry.
100. Powers of arrest.
101. Offence to obstruct.
102. Penalty for unqualified person sitting or voting.
103. General penalty.
104. Books to be prima facie evidence of sums due.
105. Contravention by company or partnership.
106. Notice of suits.
107. Limitation of suits against authorities.
108. Mode of service on authority.
109. Appearance of authority in legal proceedings.
110. Trial of persons.
111. Preservation of jurisdiction of courts.
113. Description of property.
114. Burden of proof as to who the occupier is.
115. Name of authority need not be proved.
116. Service of notice by authority.
117. Authentication and executions of documents.
118. Publication of notices.
119. Code of conduct.
120. [Repeal of laws.]
THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT
An Act to establish urban authorities for the purposes of local government, to provide for the functions of those authorities and for related matters.
[14th March, 1983]
[G.N. No. 35 of 1983]
8 of 1982
4 of 1985
8 of 1985
3 of 1986
4 of 1987
8 of 1992
4 and 5
11 and 15
18 of 1997
6 and 14
4 of 2000
PRELIMINARY PROVISIONS (ss 1-4)
This Act may be cited as the Local Government (Urban Authorities) Act.
This Act shall apply to every urban authority established or deemed to have been established under this Act.
(1) In this Act, unless the context otherwise requires–
"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 the permit or doing that matter or thing;
"area" when used in relation to any urban authority, means the area in which the authority is established, or empowered by or under this Act or any other written law to exercise jurisdiction in accordance with this Act;
"Assembly" means the National Assembly of the United Republic established by the Constitution *;
"auditor" means the person or body of persons appointed by the appropriate authority pursuant to Head B of Part IV of the Local Government Finances Act *, to audit the accounts of an urban authority, and includes a person duly authorised in that behalf by the auditor for the purposes of that Part of that Act;
"authority" means an urban authority;
(a) when used in relation to an urban authority, means the Chairman of that authority, and in the case of a city or a municipality, the Mayor of the city or the municipality, as the case may be;
(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 or the Deputy-Mayor of the urban 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 or the Deputy-Mayor, when he exercises the functions or discharges the duties of the office of Chairman or Mayor, as Chairman or Mayor, as the case may be, pursuant to this Act;
"city council" means a council established or deemed to have been established under this Act within the area of a city and includes a city council established under section 5 subject to section 8 of this Act;
"Commission" means the Public Service Commission established by section 9 of the Public Service Act *;
(a) when used in relation to an urban authority, means a committee established or appointed by that urban authority under this Act;
(b) when used in relation to a ward committee, means that committee;
(c) when used in relation to a sub-committee means a sub-committee appointed by a committee;
(d) when used in relation to any other committee, means that other committee;
(a) when used in relation to a town, means the town council for that town;
(b) when used in relation to a municipality, means the municipal council for that municipality;
(c) when used in relation to a city, means the city council for that city and includes the City Council established under section 5 subject to section 8 of this Act;
"court" means any court of competent jurisdiction which has jurisdiction over any part within the area of the authority and includes a ward tribunal established under the Ward Tribunal Act *;
(a) in relation to a town, the Town Director appointed for that town;
(b) in relation to a municipality, the Municipal Director appointed for that municipality;
(c) in relation to a city, the City Director appointed for that city;
"District Authorities Act" means the Local Government (District Authorities) Act *;
"district authority" means a district council, a township authority or a village council;
(a) when used in relation to a district, means the District commissioner for the district concerned;
(b) when used in relation to any urban authority, means the District Commissioner for the district in which that urban authority is established;
"former Act" means the Urban Councils (Interim Provisions) Act *;
"functions" includes powers and duties;
"improvements" in relation to land means all work, other than building or work in connection with buildings, done on, in or under the land, and materials used on that work, by the expenditure of capital or labour in so far as the effect of that work or materials used is to increase the value of the land; but does not include machinery (whether fixed to the soil or not) or work, or materials used on it, done by the Government or by an urban authority or other public body unless the work has been paid for wholly or in part by the owner or occupier of the land, and effected by that payment; save that the payment of rates and taxes shall not be deemed to be a payment for the purposes of this definition;
"interest in land" includes interest in any building erected on the land;
"joint committee" means a committee appointed jointly by two or more urban authorities or between an urban authority and a district authority pursuant to section 53;
"land" includes any interest in land and any easement or right in, to or over land;
"local government authority" means a district authority or an urban authority;
"member" means all members of the Local Government Authority as specified under section 24 of this Act;
"Minister" means the Minister responsible for local government;
"Mtaa" means a part or a division of a ward and includes a part or a division of a township situated within an area under the jurisdiction of an urban authority;
"municipality" means an area over which a municipal council is established or deemed to have been established under this Act;
"occupier" means any person–
(a) in actual occupation of land or buildings; or
(b) entitled to occupy land or buildings by virtue of a grant by their owner, and where the same land or buildings are occupied by several members of one family, means the person reputed to be head of that family;
"political party" means a political party registered under any written law relating to the registration of political parties;
"Regional Commissioner" means–
(a) in relation to a region, the Regional Commissioner for the region concerned;
(b) in relation to any urban authority, the Regional Commissioner for the region within which the urban authority is situated;
"Scheme" means the Public Service Scheme formulated pursuant to section 7 of the Public Service Act *;
"Service" means the unified service of all employing authorities, otherwise known as the Public Service, the establishment of which is provided for by the Scheme;
"service board" means the service board established under section 58;
"town" means an area over which a town council is established or deemed to have been established under this Act;
"urban authority" means a town council, a municipal council or a city council;
"waterworks" includes streams, springs, weirs, wells, boreholes, dams, pumping stations, reservoirs, tanks, sluices, machinery, buildings, land and all other works and things necessary for taking, impounding, discharging, storing, treating and filtering water.
(2) 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 urban authority, or to all authorities, that the power may be exercised subject to those provisions of this Act which apply to that authority, or to all the urban authorities.
(1) It shall be the duty of the Minister in relation to areas of urban authorities, subject to this Act, to work towards–
(a) the promotion of local government;
(b) the evolution, progressive development and perpetuation of local government institutions geared and devoted to the pursuance of meaningful involvement of and participation, by the people, in the making and implementation of decisions on matters affecting or connected with their livelihood and well-being at all local levels within urban authorities;
(c) securing the effective execution by urban authorities, subject to his guidance, control and direction, 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, participatory democracy as enshrined in the Constitution * and elaborated upon by or in other written laws of the United Republic.
(3) The Minister shall–
(a) ensure the 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 the local government;
(b) endeavour to ensure that the local government authorities are, strong and effective institutions that are more and more autonomous in managing their Own affairs and that they operate in a more transparent and democratic manner;
(c) ensure that local government authorities are accountable to the people and are generally so facilitated to improve their capacities towards being stronger and effective in delivering services to the 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.
(4) 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 devolution of functions, powers and services from the central government to the local government system and within the local government system from higher levels to lower levels of urban authorities.
URBAN AUTHORITY AREAS, ESTABLISHMENT AND VARIATION OF AREAS OF URBAN AUTHORITIES (ss 5-23)
A - Establishment (ss 5-15)
(1) Subject to sections 7 and 8 and to other provisions of this part, the Minister may, by Order published in the Gazette, establish in any area of Mainland Tanzania an appropriate urban authority or authorities.
(2) In exercising the power conferred by subsection (1) the Minister shall comply with the national policy on the development of urban areas and may, subject to this Act, establish such number and types of urban authorities in such area or areas as he may deem necessary, expedient or desirable for the purposes of establishing, promoting, developing and maintaining an effective and efficient system of local government.
(3) Where the purpose sought to be achieved by the order under subsection (1) is only to confer on an existing municipality the status of a city, that order shall be made by the President; and where, in respect of an existing town, the purpose is to confer upon it the status of a municipality, the order to be made under subsection (1) shall confer on the existing urban area and its authority the new status, and shall determine the name by which that urban area and authority shall be known, and the order shall be deemed to have established the new urban authority.
(4) The urban area of–
(a) a town council shall be known as a town;
(b) a municipal council shall be known as a municipality;
(c) A city council shall be known as the city and shall be of such characteristics as to size, area, jurisdiction, functions or other description as may be specified in the Order establishing it.
Every order made under section 5 shall–
(a) specify the name or names of the urban area or areas in which and the date or dates on which an urban authority or authorities shall be established;
(b) define the area in which the urban authority shall be established and over which it shall exercise jurisdiction;
(c) prescribe the device and official seal of the urban authority, 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 urban authorities of the establishment of the new urban authority or authorities.
(1) No urban authority shall be established except in accordance with the procedure prescribed by this Act.
(2) Where it is intended to establish an urban authority 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 urban authority, 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 objection 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 person lodging the objection or other representations concerned, and shall take into account the objections or representations in determining whether or not to establish the urban authority or determining the area of the urban authority to be established.
(5) As soon as possible after making the order under section 5, the Minister shall lay before the National Assembly a copy of the notice issued under subsection (2), together with a copy of the order subsequently made under section 5.
(1) Where it is intended to establish a city council in respect of an area or areas of urban authority or authorities, the Minister shall, by a two months notices published in the Gazette give notice of intent on indicating its composition and jurisdiction and such other matters as the Minister may deem necessary and call upon interested persons to lodge with him in writing any objections within such time as may be prescribed in the notice.
(2) Where upon the expiration of the notice, no objections are received from any person the Minister shall proceed to make and publish in the Gazette the establishment Order under section 5.
(3) Where objections are lodged with the Minister pursuant to the notice given under subsection (1), the Minister may take into account the objections and may after consultation with the President determine whether or not to establish a city council.
(4) The Minister shall, as soon as practicable after making the order under section 5, lay before the National Assembly a copy of the notice issued under subsection (1) together with a copy of the Order subsequently made under section 5.
(1) As soon as possible after the order made under section 6 and the notice issued under section 7 and 8 in respect of any urban authority have been tabled 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 urban 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 10.
(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 urban authority in question is established.
(1) A certificate of establishment furnished under section 9 shall specify–
(a) the name of the urban authority 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 9 shall provide final authority for the establishment or the variation of the boundaries of an urban authority, shall be the statutory instrument signifying the delegation by the Assembly of legislative power to the urban authority in respect of its area of jurisdiction, and be conclusive evidence, in any proceeding, of the establishment of the urban authority 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 urban authority, any reference in any written law, contract or other instrument or document to the local government authority in whose area an urban authority is established by the order shall be construed as a reference to the name of the urban authority as established by the order.
(4) Upon the issue of a certificate of establishment under section 9, where the area of the new authority was the area of a district authority, the district authority 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 operations shall be governed by this Act.
(1) The Minister may, where he deems it necessary or expedient for the promotion of efficient and effective local government in urban areas, and after consultation with the urban authority and other local government authorities concerned, by order published in the Gazette, vary the boundaries of the area of any urban authority.
(2) The area of an urban authority may be varied under this section where–
(a) a new local government authority is to be established in the area or part of the area of an existing urban authority;
(b) an area of the urban authority is to be transferred from the jurisdiction of one urban authority to that of another;
(c) it is intended to amalgamate or regroup an urban authority and any other local government authority.
(3) No order shall be made under this section to vary the area of an urban authority except in accordance with the procedure prescribed by section 7.
(4) Where in the exercise of the powers conferred on the Minister under subsection (1) the Minister varies the boundaries of an urban area so as to include an area which is a village or an Ujamaa Village registered under the Villages and Ujamaa Village (Registration Designation and Administration) Act * or under the Local Government (District Authorities) Act *, that village or Ujamaa Village, as the case may be, shall continue to exist until the Minister cancels its registration.
(1) The Minister may, by order published in the Gazette, and subject to this section, cancel the registration of any village or ujamaa village established or deemed to have been established within the area of an urban authority.
(2) The power conferred by subsection (1) may be exercised by the Minister where–
(a) he is directed so to do by the President;
(b) he receives a resolution of the urban authority concerned, supported by Regional Development Committee, petitioning him so to do;
(c) in his opinion, the public interest demands so to do.
(3) Where an urban authority or a Regional Development Committee proposes to petition the Minister to exercise the power conferred by subsection (1), it shall first cause a notice of its intention to be appropriately published for notification of the residents of the village concerned, allowing them one full month to make any representations to it on the subject and the decision of the urban authority and the Committee shall be lodged with the Assistant Registrar of villages who shall forward them to the Registrar for appropriate consideration and decision by the Minister.
Where the boundaries of an urban authority area varied in consequence of an order made under section 11, the Minister shall, in the order providing for the variation or in a subsequent order, to which the provisions of section 7 shall apply, make provision for–
(a) the apportionment of the franchise, property, incomes, 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 urban authority 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 urban or district authority from which the area or areas are transferred;
(c) the application of by-laws of the former urban or district authority or authorities to the new authority established through the amalgamation of two or more authorities.
(1) Every urban authority established or deemed to have been established under this Part, and in respect of which there is in existence a certificate of establishment furnished under section 9, 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 urban authorities into grades based on the size of the area, the population and the level of social and economic development within the urban authority in question.
(3) Where the Minister grades an urban 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 urban authority being established.
(4) The grading of any urban 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.
(1) Every urban council which was established or deemed to have been established under the former Act, and which is in existence immediately before the commencement of this Act, shall continue to be established, but shall be known as, and be deemed to be, an urban authority established under this Act.
(2) Where, in establishing any urban or other local government authority, the boundaries of an existing urban council, which is deemed to be an urban authority, are affected, the provisions of section 11 shall be invoked by the Minister only for the purposes of varying the area of that authority, and it shall not be necessary for the Minister to comply with section 7.
B - Urban Wards (ss 16-23)
(1) The Minister may, after consultation with the President, by notice published in the Gazette, divide the area of jurisdiction of an urban authority into such number of wards, for the purposes of this Act, as may be deemed necessary or desirable.
(2) The Minister may, after consultation with the urban authority concerned, vary the boundaries of any ward or increase or reduce the number of wards within the area of the authority.
(3) The area of the ward shall be divided into Mitaa or village consisting of a number of households which the urban authority may determine.
(4) Every Mtaa or village shall have a chairman to be elected by an electoral meeting of all the OM members of die Must or village as the can may be in accordance with such procedure as may be prescribed by the Minister and my be removed from office by-the decision of a simple majority of such members subject to the procedure prescribed by the Minister for am purpose.
Provided that a Chairman of Mtaa or Village who has been so removed may appeal to the District Commissioner only on issues of procedure relating to such removal and may, where he is aggrieved by On decision of the District Commissioner appeal to the Minister.
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