CHAPTER 62
URBAN LEASEHOLDS (ACQUISITION AND REGRANT) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ACQUISITION AND REGRANT

   3.   Minister may acquire certain urban lands for the purpose of making new grants.

   4.   Notice of intention to acquire land.

   5.   Withdrawal from acquisition.

   6.   Certificate of title where no conveyance available.

   7.   Effect of conveyance.

   8.   Temporary right of occupancy.

   9.   Minister may pay compensation.

   10.   Regrant of acquired land.

   11.   Easements.

   12.   Saving of incumbrances, etc., created by tenant.

PART III
MISCELLANEOUS PROVISIONS

   13.   Service of notices.

   14.   Power of entry.

   15.   Possession of land acquired.

   16.   Authorised persons and penalty for obstruction.

   17.   Amendment of registers.

   18.   Exemption from stamp duty and fees.

   19.   Abatement of rent.

   20.   Forms.

   21.   Tenant not to be evicted.

CHAPTER 62
THE URBAN LEASEHOLDS (ACQUISITION AND REGRANT) ACT

An Act to make provision for the acquisition of certain urban lands developed by persons other than the owners and for the regrant of lands so acquired.

[17th May, 1968]

Act No. 22 of 1968

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

This Act may be cited as the Urban Leaseholds (Acquisition and Regrant) Act.

2.   Interpretation

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

   "building" means any structure of whatever material constructed and whether of a temporary or permanent nature;

   "Government lease" has the meaning ascribed in section 5 or 16 of the Freehold Titles (Conversion) and Government Leases Act *;

   "Minister" means the Minister for the time being responsible for lands;

   "owner" in relation to land held for a Government lease, means the holder of such lease and, in relation to land held under a right of occupancy, means the holder of the right;

   "registered land" and "unregistered land" have the meanings respectively ascribed to those expressions in the Land Registration Act *;

   "registered right or interest" means any right or interest in land registered under the Registration of Documents Act * or the Land Registration Act *;

   "Registrar" in relation to registered land, means the Registrar of Titles appointed under the Land Registration Act and, in relation to unregistered land, means the Registrar appointed under the Registration of Documents Act;

   "right of occupancy" means a right of occupancy granted under the Land Act *;

    "temporary right of occupancy" means a right of occupancy under which a tenant is deemed to hold urban land by operation of section 8;

   "tenant" means any person who holds land under a lease, sublease, an agreement for a lease or sublease or any agreement for a tenancy, whether such lease, sublease or agreement be oral or in writing, and also means a person who occupies land under a licence or any arrangement under which he pays in cash or in kind for occupancy of the land to any person entitled to possession of such land and "tenancy" shall be construed accordingly;

   "the title" in relation to any urban land means the Government lease or the right of occupancy for which the urban land and all other land under the same lease or right is held;

   "unexhausted improvement" has the meaning ascribed to it in the Land Act;

   "urban land" means land in an urban area which is held for, or forms part of land held for–

   (a)   a Government lease; or

   (b)   a right of occupancy.

   (2) In the definition of "urban land" in subsection (1), "urban area" means any area–

   (a)   within the jurisdiction of a city, municipal or town council; or

   (b)   an area which, immediately before the establishment of a district council for any part of Mainland Tanzania, was a township declared under the Townships Ordinance or a minor settlement declared under the Minor Settlements Ordinance *; or

   (c)   a planning area declared under section 13 of the Town and Country Planning Act * which includes an area described in paragraph (a) or (b) of this definition or any part of such an area.

PART II
ACQUISITION AND REGRANT (ss 3-12)

3.   Minister may acquire certain urban lands for the purpose of making new grants

   (1) Where a tenant is in or entitled to possession of urban land and such land has been developed by construction of a building or buildings and the Minister is of the opinion that, by reason of such development having been carried out by–

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