ARRANGEMENT OF SECTIONS
1. Short title.
APPLICATION OF FUNDAMENTAL PRINCIPLES OF THE NATIONAL LAND POLICY
3. Fundamental principles of National Land Policy.
TRANSFERS AND HAZARD LAND
4. Transfer of village land to general or reserved land.
5. Transfer of general or reserved land to village land.
6. Declaration of hazard land.
A: Management and Administration
7. Village land.
8. Management of village land.
9. Advice by the District Council.
10. Conflict of interest.
11. Joint village land use agreements between villages.
12. Division of village land.
13. Communal village land.
14. Land which is or may be held for customary rights of occupancy.
15. Confirmation of validity of interests in land created under and by Operation Vijiji.
16. Confirmation of validity of allocations of land made by village councils since 1 January 1978.
17. Occupation of village land by non-village organisation.
18. Incidents of customary right of occupancy.
19. Incidents of a customary lease.
20. Law applicable to customary right of occupancy.
21. Register of village land.
B: Grant and Management of Customary Right of Occupancy
22. Application for customary right of occupancy in village land.
23. Determination of application for customary right of occupancy.
24. Contract for a customary right of occupancy.
25. Grant of a customary right of occupancy.
26. Payment of premium on grant of customary right of occupancy.
27. Length of term of customary right of occupancy.
30. Assignment of customary right of occupancy by villager.
31. Approval required for private disposition of derivative right.
32. Grant of derivative right by village council.
33. Criteria for determining application for approval for or a grant of a derivative right.
34. Duties of grantee of derivative right.
35. Surrender of customary right of occupancy by villager.
36. Regrant of surrendered customary right of occupancy.
37. When breach of condition of customary right of occupancy arises.
38. Remedies for breach of condition.
39. Remedies in accordance with customary law.
40. Fine for breach of condition.
41. Summary action to remedy breach of condition.
42. Supervision order to remedy breach of condition.
43. Temporary assignment of customary right of occupancy on account of breach of condition.
44. Revocation of customary right of occupancy.
45. Abandonment of land held for a customary right of occupancy.
46. Application for relief.
C: Adjudication of Interest in Land
48. Application of this Subpart.
49. Spot adjudication.
50. Village or district adjudication.
51. Determination to apply village adjudication.
52. Appointment and functions of village adjudication adviser.
53. Village adjudication committee.
54. Procedures for village adjudication.
56. District adjudication.
57. Principles of adjudication.
58. Land sharing arrangements between pastoralists and agriculturalists.
59. Staying of suits.
60. Village Land Council.
61. Functions of Village Land Council.
62. References of disputes from Village Land Council to Court.
64. Corrupt transactions.
THE VILLAGE LAND ACT
An Act to provide for the management and administration of land in villages, and for related matters.
[1st May, 2001]
[G.N. No. 486 of 2001]
Act No. 5 of 1999
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Village Land Act.
In this Act, unless the context otherwise requires–
"adjudication officer" means a person appointed to be an adjudication officer under section 56 of this Act;
"certificate of approval to a derivative right" means a certificate granted under section 31 of this Act;
"certificate of customary right of occupancy" means a certificate issued under section 29 of the Land Act *;
"certificate of village land" means a certificate issued under section 7 of this Act;
"Commissioner" means the Commissioner of Lands appointed under section 9 of the Land Act *;
"communal right of way" has the meaning ascribed to it by section 157 of the Land Act;
"communal village land" has the meaning ascribed to it by section 13 of this Act;
"Constitution" means the Constitution of the United Republic of Tanzania *;
"Court" means the Court established under section 167 of the Land Act * to hear and determine land disputes and includes the Ward Tribunals, the Village Land Council, the District Land and Housing Tribunal, and the Land Division of the High Court;
"customary law" has the meaning ascribed to it by the Interpretation of Laws Act *;
"customary lease" means a lease the mode of creation and incidents of which including its termination are governed by customary law;
"customary mortgage" means a mortgage the mode of creation and incidents of which are governed by customary law;
"customary right of occupancy" means right of occupancy created by means of the issuing of a certificate of customary right of occupancy under section 27 of this Act and includes deemed right of occupancy;
"deemed right of occupancy" means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law;
"derivative right" means a right to occupy and use land created out of a right of occupancy and includes a lease, a sublease, a licence, a usufructuary right and any interest analogous to those interests;
"disposition" means, in relation to a right of occupancy, any sale, mortgage, transfer, grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes the creation of an easement, a usufructuary right, or other servitude or any other interest in a right of occupancy and any other act by an occupier of a right of occupancy whereby his rights over that right of occupancy are affected but does not include an agreement to undertake any of the dispositions so defined;
"district adjudication" has the meaning ascribed to it under section 56;
"district authority" means a district council, a township authority or a village council;
"Elders Council" means the Elders council established under section 60;
"Gazette" has the meaning ascribed to it by the Interpretation of Laws Act *;
"general land" means all public land which is not reserved land or village land;
"hazard land" means land declared to be hazard land under section 6 of this Act:
"immediate family" means, in relation to a person, any other person related to that person in the third or a closer degree of affinity or consanguinity and in all cases shall include persons within those degrees of affinity and consanguinity whether born in or out of wedlock, whether born in or outside Tanzania, and where any person referred to above has had more than one spouse, shall include all such spouses and persons to the fourth or closer degree of affinity thereto;
"joint village land use agreement" means the agreement made, adopted and approved under section 11 of this Act;
"land" includes the surface of the earth and the earth below the surface, things naturally growing on the land, buildings and other structures permanently affixed to or under land and land covered by water;
"land sharing arrangement" means a land sharing arrangement prepared under section 58;
"lender" means a person to whom a mortgage has been given as security for the payment of an advance of money or money's worth or to secure a condition;
"lessee" means a person to whom a lease is granted and includes a person who has accepted a transfer or assignment of a lease;
"lessor" means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease;
"lien" means the holding by a lender of any document of title relating to a right of occupancy or a lease as security for an advance of money or money's worth or the fulfilment of a condition;
"local government authority" means a district authority or an urban authority;
"Minister" means the Minister for the time being responsible for land;
"mortgage" means an interest in a right of occupancy or a lease securing the payment of money or money's worth or the fulfilment of a condition and includes a submortgage and the instrument creating a mortgage;
"notice of temporary assignment" means a notice issued under section 43 of this Act;
"non-village organisation" means an organisation referred to by section 18 of this Act;
"Operation Vijiji" means and includes the settlement and resettlement of people in villages commenced or carried out during and at any time between the first day of January, 1970 for or in connection with the purpose of implementing the policy of villagisation, and includes the resettlement of people within the same village, from one part of the village land to another part of that village land or from one part of land claimed by any such person as land which he held by virtue of customary law to another part of the same land, and the expropriation of it in connection with Operation Vijiji so defined;
"order of abandonment" means an order made under section 45 of this Act and includes a provisional and a final order of abandonment;
"order of temporary assignment" means an order issued under section 43 of this Act;
"public land" means and includes all the land of Tanzania;
"register" means a register prescribed under section 21 of this Act for the recording of rights and interests in and dispositions of and in connection with customary rights of occupancy;
"reserved land" means land referred to by section 7 of this Act;
"right of occupancy" means a title to the use and occupation of land and includes the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land in accordance with customary law;
"spot adjudication" has the meaning ascribed to it by section 49 of this Act;
"supervision order" means an order issued under section 42 of this Act;
"transfer land" means general or reserved land which is to be transferred to become a part of village land;
"unexhausted improvement" means any thing or any quality permanently attached to the land directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf and increasing the productive capacity, the utility, the sustainability or the environmental quality thereof and includes trees, standing crops and growing produce whether of an agricultural or horticultural nature but does not include the results of ordinary cultivation;
"village" means a village registered as such under the Local Government (District Authorities) Act *;
"village adjudication" means the process of adjudication provided for by sections 51 to 55 of this Act;
"village adjudication adviser" means the person appointed to be a village adjudication adviser under section 52 of this Act;
"village adjudication committee" means the committee established under section 53 of this Act;
"village assembly" has the meaning ascribed to it by the Local Government (District Authorities) Act *;
"village council" has the meaning ascribed to it by the Local Government (District Authorities) Act, 1982;
"village land" means the land declared to be village land under and in accordance with section 7 of this Act and includes any transfer land transferred to a village;
"village land council" means the village land council established under section 60 of this Act;
"village register" means the register of interests and rights in village land kept in accordance with section 21 of this Act;
"village transfer land" means village land which is to be transferred to become part of general or reserved land;
"villager" means a person ordinarily resident in a village or who is recognised as such by the village council of the village concerned.
APPLICATION OF FUNDAMENTAL PRINCIPLES OF THE NATIONAL LAND POLICY (s 3)
(1) The fundamental principles of National Land Policy which are the objectives of the Land Act *, to promote and to which all persons exercising powers under, applying or interpreting this Act are to have regard to are–
(a) to make sure that there is established an independent, expeditious and just system for adjudication of land disputes which will hear and determine land disputes without undue delay;
(b) to recognise that all Land in Tanzania is public Land vested in the President as trustee on behalf of all citizens;
(c) to ensure that existing rights in and recognised long standing occupation or use of Land are clarified and secured by the law;
(d) to facilitate an equitable distribution of and access to land by all citizens;
(e) to regulate the amount of land that any one person or corporate body may occupy or use;
(f) to ensure that land is used productively and that any such use complies with the principles of sustainable development;
(g) to take into account that an interest in land has value and that value is taken into consideration in any transaction affecting that interest;
(h) to pay full, fair and prompt compensation to any person whose right of occupancy or recognised long-standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under this Act or is acquired under the Land Acquisition Act *;
(i) to provide for an efficient, effective, economical and transparent system of Land administration;
(j) to enable all citizens to participate in decision making on matters connected with their occupation or use of land;
(k) to facilitate the operation of a market in Land;
(l) regulate the operation of a market in Land so as to ensure that rural and urban small-holders and pastoralists are not disadvantaged;
(m) to set out rules of Land Law accessibly in a manner which can be readily understood by all citizens;
(n) to establish an independent, expeditious and just system for the adjudication of Land disputes which will hear and determine cases without undue delay;
(o) to encourage the dissemination of information about land administration and Land Law as provided for by this Act through programmes of public and adult education, using all forms of media.
(2) The right of every adult woman to acquire, hold, use, deal with and transmit by or obtain land through the operation of a will, shall be to the same extent and subject to the same restrictions as the right of any adult man.
TRANSFERS AND HAZARD LAND (ss 4-6)
(1) Where the President is minded to transfer any area of village land to general or reserved for public interest, he may direct the Minister to proceed in accordance with the provisions of this section.
(2) For the purposes of subsection (1), public interest shall include investments of national interest.
(3) The Minister shall cause to be published in the Gazette and sent to the village council having jurisdiction over the land which is the subject of the proposed transfer, hereinafter called "village transfer land" a notice specifying–
(a) the location of the area of the village transfer land;
(b) the extent and boundaries of the village transfer land;
(c) a brief statement of the reasons for the proposed transfer;
(d) the date, being not less than sixty days from the date of the publication of the notice, when the President may exercise his power to transfer the land or a part of it.
(4) Where any portion of the village transfer land has been allocated to a villager or a group of villagers under a customary right of occupancy or a derivative right or a person or a group of persons to use the land, the village council shall inform those villagers or, where any one of those villagers is absent, a member of the family occupying or using the land with that villager, of the contents of the notice.
(5) Any person referred to in subsection (4) may make representations to the Commissioner and to the village council on the proposed transfer of the land and the persons to whom those representations are made shall take them into account in any decisions or recommendations that they may make on the proposed transfer.
(6) Where the village transfer land is–
(a) less than 250 hectares in extent, the village council shall prepare and submit recommendations for the proposed transfer to the village assembly for it to approve or refuse and the village assembly shall hold a meeting under section 103(3) of the Local Government (District Authorities) Act * to consider the recommendations of the village council and any representations made by the district council of the area where the land is situate, and decide whether to approve or refuse to approve the proposed transfer;
(b) greater than 250 hectares, the Minister shall, after considering any recommendations made by the village assembly through the village council, district council and any representations on the matter made by the village and district councils of the area where the land is situate, by resolution, signify his approval or refusal to approve the proposed transfer.
(7) The Commissioner or an authorised officer shall be under a duty to attend a meeting of the village council or village assembly as the case may be to explain the reasons for the proposed transfer and answer questions thereon and any person or a representative of any organisation who or which is proposing to use and occupy the village transfer land under a right of occupancy may, at the invitation of the village council or village assembly as the case may be, address the meeting and answer questions if any about the proposed use of the land.
(8) No village transfer land shall be transferred–
(a) until the type, amount, method and timing of the payment of compensation has been agreed upon between–
(i) the village council and the Commissioner; or
(ii) where subsection (3) and (9) apply, the persons referred to in those subsections and the Commissioner; or
(b) if the matters of compensation referred to in paragraph (a) cannot be agreed until the High Court has agreed as an interim measure, pending final determination of the matters of compensation, to the payment of any sum on account which it thinks proper by the Commissioner to the village council and to the persons referred to in subsection (3) as the case may be; or
(c) if general or reserved land is to be exchanged with the village transfer land, that general or reserved land has been identified and is ready to be transferred to the village.
(9) Where the relevant body under subsection (5) has, by resolution, approved the transfer of the village transfer land or a part of it, the President may exercise his power to transfer that village land or a part of it to general or reserved land.
(10) Where village transfer land or any part of it is occupied by persons to whom subsection (3) applies, the President shall, where he is minded to exercise his power to transfer that land to general or reserved land, determine whether those persons may continue to occupy and use the land, subject to any terms and conditions, which he may impose, or whether the rights of those persons shall be compulsorily acquired, subject to the payment of compensation.
(11) The President may direct that any compensation payable under this section shall be paid by the person or organisation to whom or which the village transfer land which has been transferred to general land is granted by a right of occupancy.
(12) The President may direct the Minister to appoint an inquiry under section 19 of the Land Act * into a proposed transfer and where that inquiry has been appointed, no further action in accordance with this section shall be taken on that proposed transfer until after the inquiry has reported.
(13) A transfer of village land to general or reserved land shall be notified in the Gazette and shall come into effect thirty days after the date of the publication of the notice.
(14) The provisions of this section shall be in addition to any provisions in any Act referred to in section 7 which set out the manner in which land is brought under any of those Acts and any powers which may be exercised under any of the provisions of those Acts shall be exercised in a manner which will ensure that the provisions of this section are complied with.
The President may direct the transfer of any area of general or reserved land to village land subject to the provisions of section 6 of the Land Act *.
(1) The Minister may declare any area of a village land to be hazard land subject to the provisions of subsection (3).
(2) Notwithstanding the provisions of subsection (1), any local authority having jurisdiction in any village may advise the Minister to declare any of the Village Land as hazard Land if in its opinion it is necessary to do so.
(3) For purposes of this section, hazard land is land the development of which is likely to pose a danger to life or to lead to the degradation of or environmental destruction on that or contiguous land and includes but is not limited to–
(a) mangrove swamps and coral reefs;
(b) wetlands and offshore islands in the sea and lakes;
(c) land designated or used for the dumping of hazardous waste;
(d) land within sixty metres of a river bank or the shoreline of an inland lake;
(e) land on slopes with a gradient exceeding any angle which the Minister shall, after taking account of proper scientific advice, specify;
(f) land specified by the appropriate authority as land which should not be developed on account of its fragile nature;
(g) land specified by the appropriate authority as being land which should not be developed on account of its environmental significance.
(4) The declaration of any land to be hazard land shall be in accordance with the provisions of this section.
(5) Where the Minister considers that an area of land should be declared to be hazard land, in this section referred to as 'proposed hazard land' he shall publish a notice in the Gazette specifying–
(a) the location of the proposed hazard land;
(b) the boundaries and extent of the proposed hazard land;
(c) a brief statement of the reasons for the proposed declaration;
(d) the date, being not less than sixty days from the date of the publication of the notice, when the declaration may be made.
(6) A copy of the notice referred to in subsection (5) shall be–
(a) served on all persons occupying and using the proposed hazard land in a manner and form as will be understandable to those persons;
(b) on all local authorities having jurisdiction in the area of the proposed hazard land;
(c) put up in conspicuous places within the area of the proposed hazard land.
(7) All persons and authorities on whom a notice has been served and all persons and organisations on whom a notice should have been served but was not and any other person or organisation with an interest in land may, within not less than thirty days after the date of the service of the notice, make representations to the Commissioner on the proposed declaration and the Commissioner shall be under a duty to hear and record the representations and take them into account in determining whether to recommend to the Minister that the land or any part of it be declared to be hazard land.
(8) Where the Minister, after considering a report prepared by the Commissioner under subsection (7) determines that the proposed hazard land or a part of it shall be declared to be hazard land, he may, subject to subsection (9), make a declaration accordingly.
(9) Where the proposed hazard land or a part of it is occupied and used by any person under a granted or customary right of occupancy, the Minister shall, if he considers that that land or a part of it should be declared to be hazard land, report the matter to the President.
(10) The President may, after considering the report of the Minister, declare any land to which subsection (9) applies to be hazard land and any such declaration shall operate to compulsorily acquire, subject to compensation, any right of occupancy in that land.
(11) A notice of a declaration of hazard land shall be published in the Gazette and shall come into force thirty days after the date of the publication of the notice.
VILLAGE LANDS (ss 7-59)
A: Management and Administration (ss 7-21)
(1) Village land shall consist of–
(a) land within the boundaries of a village registered in accordance with the provisions of section 22 of the Local Government (District Authorities) Act *;
(b) land designated as village land under the Land Tenure (Village Settlements) Act, 1965 *;
(c) land, the boundaries of which have been demarcated as village land under any law or administrative procedure in force at any time before this Act comes into force, whether that administrative procedure based on or conducted in accordance with any statute law or general principles of either received or customary law applying in Tanzania and whether that demarcation has been formally approved or gazetted or not;
(d) land, the boundaries of which have been agreed upon between the village council claiming jurisdiction over that land and–
(i) where the land surrounding or contiguous to that village is village land, the village councils of the contiguous village;
(ii) where the land surrounding or contiguous to that village is general land, the Commissioner; or
(iii) where the land surrounding or contiguous to that village is reserved land, the official or public organisation for the time being responsible for that reserved land; or
(iv) where the land which is claimed as a part of the land of, or is surrounding or contiguous to, that village is land which has been declared to be urban land or pre-urban land, the local authority having jurisdiction over that urban land or peri-urban land; or
(v) where the land which is claimed as a part of the land of or is surrounding or contiguous to that village is land which is occupied and used by a person or body under a right of occupancy, that person or body;
(e) land, other than reserved land, which the villagers have, during the twelve years preceding the enactment of this Act been regularly occupying and using as village land, in whatever manner such persons or the village assembly or village council were allocated such land including land–
(i) lying fallow at any time during the said preceding twelve years;
(ii) used for depasturing cattle belonging to villagers or to persons using that land with the agreement of the villagers or in accordance with customary law;
(iii) land customarily used for passage to land used for depasturing cattle.
(2) Where a village claiming or occupying and using land as village land is unable to agree with or is in dispute with a person or body referred to in paragraph (c) of subsection (1) as to the boundaries of the land which it is claiming or occupying and using as village land, or wishes to determine the boundaries of the land it is occupying and using in accordance with paragraph (d) of subsection (1), the Minister shall, on being satisfied that every effort has been made to try and reach an agreement on the boundaries either–
(a) appoint a person to act as a mediator between the village and the person or body with which the village is unable to reach agreement, the function of that person shall be to work with and persuade the village authorities and that person or body to reach a compromise over the boundaries; or
(b) where the mediator reports to the Minister that despite his best endeavours, he is unable to persuade the parties to the dispute to reach a compromise on the boundaries, advise the Minister to appoint an inquiry under section 18 of the Land Act * to adjudicate on and demarcate the boundaries of that village land.
(3) An inquiry appointed under section 18 of the Land Act * to adjudicate and demarcate the boundaries of village land shall conduct such an inquiry in accordance with any specific directions and procedures set out in the document appointing the person or persons to conduct that inquiry.
(4) Where the Minister has exercised any of his powers under subsection (2), all parties to a dispute shall forthwith refrain from taking any action which may or is calculated or likely to affect the outcome of the dispute and where any party to a dispute takes such action, the mediator or as the case may be the inquiry shall hold that action against the party that took it in conducting the mediation or as the case may be in determining any recommendations at the conclusion of the inquiry.
(5) The Minister shall, unless there are overriding reasons of public interest to the contrary, accept the recommendations of the inquiry appointed under paragraph (b) of subsection (2) as to the boundaries of the village land which was the subject of the inquiry.
(6) The Commissioner shall issue to every village in respect of which the boundaries to village land have been demarcated or agreed in accordance with the provisions of this section or under any law or administrative procedure referred to in this section, a certificate of village land in the prescribed form.
(7) A certificate of village land shall–
(a) be issued in the name of the President;
(b) confer upon the village council the functions of management of the village land;
(c) affirm the occupation and use of the village land by the villagers under and in accordance with the customary law applicable to land in the area where the village is situate;
(d) where the villagers are pastoralists or have a predominantly pastoral way of life, shall affirm the use, for purposes of depasturing cattle, of land other than village land which is customarily so used by those persons.
(8) It shall be the responsibility of the village council of the village to which a certificate of village land has been granted to maintain and at all times to keep secure that certificate of village land.
(9) Where the boundaries of any village land are altered or amended, the Commissioner shall direct the village council of the village, the boundaries of whose land has been altered to send the certificate of village land to the Commissioner for endorsement on that certificate of the alteration or amendment of the boundaries and the village council shall comply with that direction.
(10) The Commissioner shall maintain a register of village land in accordance with such rules as may be prescribed.
(11) References to the boundaries of village land in this Part shall be to general boundaries.
(12) A certificate or other document of registration issued to any village registered under the provisions of section 22 of the Local Government (District Authorities) Act * shall, where the Ministry responsible for Lands approves that it satisfies the conditions for the grant of certificate of village land, have the same effect and force as regards village land as a certificate of village land issued to a village under this section.
(1) The village council shall, subject to the provisions of this Act, be responsible for the management of all village land.
(2) The village council shall exercise the functions of management in accordance with the principles applicable to a trustee managing property on behalf of a beneficiary as if the council were a trustee of, and the villagers and other persons resident in the village were beneficiaries under, a trust of the village land.
(3) In the management of village land, a village council shall have regard to–
(a) the principle of sustainable development in the management of village land and the relationship between land use, other natural resources and the environment in and contiguous to the village and village land;
(b) the need to consult with and take account of the views and, where it is so provided, comply with any decisions or orders, any public officer or public authority having jurisdiction over any matter in the area where the village land is;
(c) the need to consult with and take account of the views of other local authorities having jurisdiction in the area where the village land is.
(4) A village council may establish a committee to advise and make recommendations to it on the exercise of any of the functions of the management of village land but, not withstanding the provisions of section 110 of the Local Government (District Authorities) Act * such committee shall have no power to take any decisions concerning the management of village land.
(5) A village council shall not allocate land or grant a customary right of occupancy without a prior approval of the village assembly.
(6) A Village Council shall–
(a) at every ordinary meeting of the Village Assembly, report to and take account of the views of the Village Assembly on the management and administration of the Village land; and
(b) brief the Ward Development Committee and the District Council, having jurisdiction in the area where the village is situated on the management of the village land.
(7) The Commissioner may give any advice, either generally to all village councils or to a specific village council on the management of village land which he considers necessary or desirable and all village councils to which that advice is given shall have regard to that advice.
(8) Where on a complaint made to a district council by a village assembly or by not less than one hundred villagers that the village council is not exercising the function of managing village land in accordance with this Act and other laws applying to village land or with due regard to the principles applicable to the duties of a trustee, the district council shall inform the Commissioner of the mattter and subject to any agreement he may make with that district council, the council shall either:
(a) advise the complainants to amicably settle the matter with the machinery of village or other local government authority to resolve the issue; or
(b) through a full meeting of the district council, use its best endeavours to resolve the issue and advise the village council as to its future conduct of the management of village land; or
(c) request the Commissioner to issue a directive to the village council on the management of that village land which that village council shall be required to comply with; or
(d) recommend to the Commissioner on the appointment of an inquiry under section 18 of the Land Act *, to investigate the complaint and make recommendations on it.
(9) An inquiry appointed under paragraph (d) of subsection (8) may recommend to the Minister that the management of the village land be removed from the jurisdiction of the village council the subject of the inquiry either for a fixed or an indeterminate period and transferred to either–
(a) the district council having jurisdiction in the area where the village whose village council is being inquired into is situate; or
(b) the Commissioner.
(10) Where the Commissioner, or an inquiry, determines that the village council has taken or omitted to take any action on village land which is contrary to law, the Commissioner shall take all such action as may be necessary to re-establish the lawful management of that village land and the proper allocation of interests in that village land.
(11) The Minister may, in consultation with the Minister responsible for local government, by regulations, make arrangements for the management of village lands jointly between–
(a) two or more villages; or
(b) between one or more village and the district council having jurisdiction in the area where the village or villages which are to be part of an arrangement of joint management are situate; or
(c) between one or more village and an urban authority within whose boundaries that village or those villages are situate,
and that arrangement may provide for the Commissioner to be involved in that joint management of village land.
(12) Any villager who is aggrieved by the management of village land by a village council, including management by a village council as part of any arrangement for joint management has standing to sue that village council in respect of the management of that village land.
(1) A district council may provide advice and guidance to any village council situate within its area of jurisdiction concerning the administration by that village council of village land, either in response to a request for that advice and guidance from a village council or of its own motion and any village council to which that advice and guidance is given shall have regard to that advice and guidance.
(2) No advice and guidance given by a district council shall contradict or conflict with any directive or circular issued by the Commissioner under subsection (3) of Section 11 of the Land Act *.
(3) Where a conflict of interest arises in respect of administration of village land, any member of a village council who or a committee of the council dealing with land which is covered by that description shall declare his conflict of interest and shall take no further part in nor attend any meeting of the village council or its committee where the land the subject of the conflict of interest is on the agenda, and any person who fails to declare that conflict of interest or who contravenes this provision shall render himself liable to disciplinary proceedings applicable to a member of the village council.
(1) Where any matter concerning land in which any member of the village council exercising functions under this Act or any member of his immediate family has an interest is allocated to, referred to or otherwise comes to that member of the village council for his advice, assistance or decision that member shall not exercise any function under this Act in respect of that land.
(2) For the purposes of this section "immediate family" means, any other person related to that person as a father or mother, son or daughter, wife or husband and brother or sister whether born in or out of wedlock, whether born in or outside Tanzania, and where any person referred to above has more than one spouse, shall include all those spouses.
(1) In the exercise of the powers of management, a village council shall have power to enter into an agreement, to be known as a joint village land use agreement with any other village council concerning the use by any one or more groups of persons, of land traditionally so used by those groups, being the land which is partly within the jurisdiction of one village and partly within the jurisdiction of another village with which an agreement is to be entered into and that agreement may be amended, modified or varied from time to time.
(2) Where an agreement which is referred to in subsection (1) is to be entered into, the village councils proposing to enter into that agreement shall–
(a) first, convene one or more meetings of the groups of persons using the land which is to be the subject of the agreement–
(i) to give groups an opportunity to make representations about their use of land and the content of any agreement about that use;
(ii) explain the nature, purpose and proposed content of that agreement to those groups;
(b) second, prepare a draft agreement which shall take account of any representations made at any meeting convened under subparagraph (i) of paragraph (a);
(c) third, inform the district council or district councils having jurisdiction in the area where the land covered by the proposed agreement is located of the contents of the draft agreement;
(d) fourth, place that draft agreement before a meeting of the village assembly of each of the villages proposing to enter into an agreement for the approval of each such village assembly.
(3) An agreement made in accordance with this section shall not take effect unless and until it is approved by each village assembly of the villages proposing to enter into that agreement.
(4) An agreement made under and in accordance with this section may include matters concerning–
(a) the boundaries of the land covered by the agreement;
(b) the use of the land, or parts of it, by different groups of persons, and the periods of time when that group may so use the land or part of it including arrangement for the dual use of land or part of it by one or more group of persons using that land for different purposes at the same time;
(c) the nature and scope of any rights to or interests in land recognised by the rules of customary law applicable to the land covered by the agreement, and where more than one set of rules of customary law are applicable to that land, the manner of resolving any conflict between the sets of rules;
(d) the manner of resolving disputes about the use of the land covered by the agreement;
(e) any other matters which may be prescribed or which the village councils shall consider necessary and desirable.
(5) An agreement reached by villagers of two or more villages about the use, by those villagers jointly of village land which falls within the jurisdiction of two or more villages or an agreement reached between the traditional leaders of a group of persons using village land which falls within the jurisdiction of two or more villages and the village councils of those villages may be adopted and approved as a joint village land use agreement by the village assembly of the village of those villagers or, as the case may be, of that village council.
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